CRITICALRegulatoryTier 1
South Dakota dental board advertising rule violates 1st amendment, judge rules
SourceBecker's Dental + DSO ReviewTier 1Hard News
By Ariana Portalatin
Originally at beckersdental.com
Summary & scoring by The Bell Brief (Dr. Jennifer Bell) using the Drill-Down Protocol (Drill-Down Score) — not the original publisher.
Why it matters for dental
Dental practice owners and DSOs in South Dakota (and potentially other states) now have First Amendment protection to advertise as specialists without completing a two-year residency, lowering the barrier for implant-focused practices and increasing competitive risk for board-certified specialists.
Key points
- Federal judge struck down the 2023 South Dakota Board of Dentistry rule requiring two-year postdoctoral residency before using the term “specialist.”
- The ruling directly affects implant dentists who completed shorter or non-traditional training courses and now may legally advertise as specialists.
- Board-certified specialists (e.g., oral surgeons, periodontists) may face greater competition in advertising and patient acquisition.
- Other state dental boards with similar advertising restrictions should assess exposure to constitutional challenges and consider revising rules.
Who should care
OwnerDSOSpecialist
Read the original on Becker's Dental + DSO Review
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