Jackley, dentistry board face legal challenge over advertising ban

Lawsuit contends specialty ban deprives consumers of valuable information

The American Academy of Implant Dentistry and a Sioux Falls dentist are suing Attorney General Marty Jackley and the South Dakota Board of Dentistry to block a rule restricting their ability to advertise.

The lawsuit filed by the academy and Dr. Edward Kusek contends that an existing rule, as well as a reformed version of that rule, restrict AAID dentists from the ability to advertise their specialties. The restriction, they contend, violates the First and Fourteenth Amendments to the U.S. Constitution.

They are asking a federal judge to enjoin the board and the Attorney General’s Office, which represents the board, from enforcing the existing rule and its revision.

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