Ohio State Dental Board Moratorium on Specialty Advertising

CHICAGO - March 15, 2018 - PRLog -- Attorney Frank Recker, just provided the following update regarding the Ohio state dental board regulations regarding dental specialty advertising.

Dear Doctors:

As you may be aware, the AAID, along with Dr. O'Grady and Dr. Sayre, filed a federal suit against the Ohio State Dental Board several months ago challenging the constitutionality of the Ohio regulations regarding 'specialty advertising.'  At its meeting last week, the Board voted to place a moratorium on the enforcement of the two regulations at issue, pending the Board's rule revision process.

The practical implications for you are that you are permitted to advertise as a specialist in implant dentistry during this moratorium.  This will be in effect for at least the next 6 months and notice of any change in the moratorium will be provided to you in a timely fashion.

This moratorium does not mean that we have prevailed in the litigation, but allowed us to agree to a 'stay' of the litigation pending the rule revision process.  Whether or not we need to continue the litigation will depend upon whether or not the amended rules address our constitutional concerns.

Any advertisement you place is protected by this moratorium on enforcement.  It would also apply to other ABDS member boards/diplomates in Ohio.  Indiana also has placed a moratorium on enforcement of their specialty advertising regulations during our pending litigation there.

I would urge that the advertisements placed also include a statement that your specialty is recognized by the American Board of Dental Specialties (http://dentalspecialties.org/), to promote the public's awareness of the ABDS.  And should the advertisement require, for example, a one year commitment such as in the 'yellow pages,' you would be protected since the ad was placed during the moratorium.

Thank you.

Frank Recker