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Florida Judge Overturns Credentialing Limits Back
4/10/2009

This should be of interest to those wondering about the validity of IAOMT Accreditation:


A Victory for Bona Fide Credentials
 
On April 3, 2009, Circuit Judge Frank E. Sheffield, of the Second Judicial Circuit in Leon County, Florida, issued a decision that will have a broad impact on the advertising of bona fide credentials from bona fide credentialing organizations.  The decision results from a trial conducted before Judge Sheffield from February 9-11, 2009.
 
Specifically finding that the American Academy of Implant Dentistry, the Academy of General Dentistry, and the American Academy of Cosmetic Dentistry were "bona fide organizations" that issue "bona fide" credentials, the Judge permanently enjoined the enforcement of Florida Statute 466.0282, which prevents the advertising of "membership" in or credentials earned from any dental organization not recognized by the Florida Board of Dentistry, which in turn only recognized ADA specialty credentials.  Any other credential, assuming it met the requirements of the statute, was required to contain specific "disclaimers" in the advertisement.  For example, if a "Fellow of the AAID" wanted to advertise that credential, the advertisement had to state: 
 
"IMPLANT DENTISTRY IS NOT RECOGNIZED AS A SPECIALTY AREA BY THE AMERICAN DENTAL ASSOCIATION OR THE FLORIDA BOARD OF DENTISTRY.
THE AMERICAN ACADEMY OF IMPLANT DENTISTRY IS NOT RECOGNIZED AS A BONA FIDE SPECIALTY ACCREDITING ORGANIZATION BY THE AMERICAN DENTAL ASSOCIATION OR THE FLORIDA BOARD OF DENTISTRY."
 
            The Court found that these advertising restrictions were unconstitutional on many grounds, including the Florida Constitution's guarantee of the right to be rewarded for industry, first amendment violations, and fourteenth amendment violations, to name a few.  The Court also held that the legislature could not constitutionally delegate such matters (i.e., specialty, credentialing) to the ADA, a trade association.
 
The Court further concluded that "the evidence shows that they (AAID, AGD, AACD) are respected, legitimate organizations that provide substantial training in an area of dentistry, thus ensuring that the dentists that seek out such training are more proficient and competent.  Such additional training is surely beneficial to the consumer."
 
The State of Florida is now permanently prohibited from attempting to enforce the above statutory provision, making it legal for dentists with bona fide credentials to advertise those credentials to the public, along with the names of the organizations from which such credentials were earned, without the onerous disclaimers referenced above.  It is expected that this decision will form the basis for other state challenges, if necessary.
 


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