Kiser v. Kamdar, No. 15-3335 (6th Cir. 2016)Annotate this Case
An Ohio State Dental Board-recognized specialist must complete a postdoctoral education program in a specialty recognized by the American Dental Association and limit the scope of his practice to that specialty. The use of the terms “specialist”, “specializes” or “practice limited to” or the terms “orthodontist”, “oral and maxillofacial surgeon”, “oral and maxillofacial radiologist”, “periodontist”, “pediatric dentist”, “prosthodontist”, “endodontist”, “oral pathologist”, or “public health dentist” or similar terms is limited to licensed Board-recognized specialists.. Any general dentist who uses those terms in advertisements can have his dental license placed on probationary status, suspended, or revoked. Kiser, a licensed dentist with postdoctoral education in endodontics (root-canal procedures). does not to limit his practice exclusively to endodontics. The Board’s regulations treat him as a general dentist. He is banned from using the word “endodontist” in his advertisements. In 2009, the Board warned Kiser with respect to the regulations, but did not take further action. In 2012, Kiser requested that the Board review signage that would include the terms “endodontist” and “general dentist.” The Board neither approved nor rejected Kiser’s proposed signage, but recommended that he consult legal counsel. Kiser challenged the regulations as violating: the First Amendment right to commercial speech; substantive and procedural due process; and equal protection. The district court twice dismissed Kiser’s claims. The Sixth Circuit reversed in part, finding that Kiser had stated viable claims with respect to the First Amendment, substantive due process, and equal protection.