A lawsuit against the Arkansas Board of Dental Examiners that sought to change Arkansas law on which practitioners can provide teeth cleaning and other general dentistry services has been dismissed without prejudice by a U.S. district judge.
Two orthodontists, Benjamin Burris, DDS, MDS, of Fort Smith, and Elizabeth Gohl, DDS, of Fayetteville, were offering teeth cleanings until the board threatened to sanction them if they did not stop.
As DrBicuspid.com previously reported, in Arkansas, dental specialists may not practice outside of their area of specialization, even to offer basic services such as teeth cleanings, except in emergencies. Specialists who practice outside of their specialty may have their license revoked or suspended, according to the Dental Practice Act.
Last year, DrBicuspid.com reported that Dr. Burris agreed to stop offering prophylaxes to the general public after the Arkansas State Board of Examiners asserted that he violated the act. At the time, Dr. Burris cited other instances in which general dentists have ventured into such work, such as braces. He said that the prophies, which were done by staff hygienists, help address access-to-care issues in areas where it is lacking.
Dr. Gohl passed away in August, at the age of 43, according to an Arkansas Business article.
"Dismissal is appropriate because the issues involve the interpretation of state law," U.S. District Judge Brian Miller wrote in the five-page order. "It appears that the state courts of Arkansas can address the dispute at issue without the need of federal intervention."
Dismissal without prejudice means it can be refiled at a later date.
