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Orthodontist challenges Arkansas law on services

By The Associated Press

This article was published May 27, 2014 at 3:55 p.m.

LITTLE ROCK — A Jonesboro orthodontist is suing the Arkansas Dental Examiners Board over a claim that barring him from offering stand-alone basic services like cleanings and X-rays is unconstitutional.

Lawyers for Dr. Benjamin Burris on Tuesday filed a federal lawsuit in Little Rock that names the dental board and its members.

Burris said it is unfair that the law bars orthodontists and other dental specialists from offering non-emergency stand-alone services outside of their specialty. But, he said, general dentists can offer specialty services without extra training as long as they don't hold themselves out as specialists.

Board attorney Kevin O'Dwyer said hasn't yet consulted with members of the panel about how to proceed.

Burris wants a judge to find the state restrictions unconstitutional.

Read Wednesday's Arkansas Democrat-Gazette for more on this story.

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