Friday, May 8, 2015

It's good to know that our fees are as competitive as this orthodontist's cleaning fees! Interesting article.
Although he might only charge $99 for a cleaning, we know he does that with the purpose of gaining new patients for his high $$$ procedure coming from braces...nice try on that marketing strategy.....
http://watchdog.org/215374/dentist-lawsuit-arkansas/

I WOULD LIKE TO KNOW HOW MY DENTIST COLLEGES FEEL ABOUT THIS?


In the state that launched Walmart to international fame on the promise of delivering “low prices every day,” a dentist has been threatened with the loss of his license because he’s not charging enough.
Ben Burris, an orthodontist and licensed dentist who owns 11 offices around the state, began in 2013 offering low-cost teeth cleanings to children and adults who lacked dental insurance. To him, it seemed like a win-win proposition: helping provide an important health service to those who could not afford it and potentially gaining new customers in the process.
Photo courtesy Institute for Justice
Photo courtesy Institute for Justice
SHUT DOWN: In 2013, the Arkansas State Board of Dental Examiners told Ben Burris to shut down his program of low-cost teeth cleanings.
But Burris ran afoul of the Arkansas State Board of Dental Examiners. Under state law, dental specialists like orthodontists are not allowed to provide basic services like teeth cleanings — even though they are also licensed as dentists.
“The state shouldn’t be using its power to stop Dr. Ben Burris from helping people by offering services that he is perfectly qualified and willing to offer,” said Matt Miller, an attorney for the Institute for Justice, a libertarian law firm that is helping Burris challenge the board’s rules.
By preventing specialists like Burris from offering low-cost teeth cleanings, the Arkansas State Board of Dental Examiners is protecting their members from competition, Miller said.
www.yanidmd.com
The State Board of Dental Examiners did not return calls from Watchdog.org. Neither the Arkansas attorney general’s office, which is representing the board in the case.
But it seem like consumers are losing out when the board blocks people like Burris from doing business.
Without insurance, simple teeth cleanings can cost several hundred dollars, but Burris was offering them for $99 for adults and $69 for kids.
“As a dentist, I took an oath to help people, and offering top-notch dental care at an affordable price is how I want to do that,” said Burris in a statement provided by IJ.
Burris says 60 percent of Arkansas residents do not regularly visit the dentist for cleanings, mostly because costs are too high.
The board was successful in getting Burris’ case dismissed from federal court last year, without addressing the merits of the case or why shutting down Burris’ business was in the best interest of consumers’ health and safety.
Now, IJ is asking the 8th Circuit U.S. Court of Appeals to return the matter to the lower court for a full trial.
Because it is a federal case, victory in Arkansas could put pressure on other states with similar laws, Miller said. Seven other states also prevent dental specialists from doing basic dental work like cleaning, even if they are licensed as dentists.
Just last year, the U.S. Supreme Court gave approval to the Federal Trade Commission’s decision to charge a similar dental board in North Carolina for approving “anticompetitive and unfair” rules.
The Supreme Court did not explicitly strike down the regulations in that case, but the justices ruled 6-3 in favor of granting the FTC the ability to go after such anti-competitive rules.
As in Arkansas, the North Carolina board was made up of members of the dental profession and funded by fees paid by licensed dentists.  Essentially, it was dentists making laws that other dentists and even non-dentists had to follow, with the power of the state behind them.
Active market participants cannot be allowed to regulate their own markets,” wrote Justice Anthony Kennedy in the majority opinion.

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