A federal judge has ruled that a South Dakota State Board of Dentistry rule restricting how dentists could use the term “specialist” in advertising is unconstitutional.
The board’s rule, adopted in 2023, prohibited dentists from advertising as “specialists” unless they had completed at least two years of postdoctoral residency training.
The American Academy of Implant Dentistry and Sioux Falls dentist Edward Kusek, DDS, challenged the rule, claiming it violated the first and 14th amendments of dentists who have attained diplomate status from the the American Board of Oral Implantology/Implant Dentistry but have not completed a qualifying postdoctoral residency program.
Federal Judge Karen Schreier ruled July 20 that the restriction violates the first amendment, and prohibited the dental board from enforcing the rule against AAID members and Dr. Kusek.
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