After several years of litigation, a federal court issued a disappointing July 20 ruling in American Academy of Implant Dentistry v. Jackley.
South Dakota’s rule allowed dentists to advertise as specialists only if they had completed at least two years of full-time training in an accredited residency program. The rule was intended to distinguish formal specialty education from shorter programs and continuing education courses.
The court ruled that the restriction violated the First Amendment as applied to certain implant dentists who had not completed a qualifying residency. It found that the state had failed to show why it was inherently misleading for these dentists to call themselves specialists or why requiring disclaimers or additional information would not have adequately addressed patient confusion.
Although the decision directly applies only to the plaintiffs, it may affect similar laws and regulations in other states. AAOMS is reviewing the ruling and monitoring whether the South Dakota Dental Board decides to appeal.
