A Mississippi dentist has filed a $10 million lawsuit against the state dental board, alleging he is being disciplined because he advertises his dental service on television, the Clarion-Ledger reports.
Jon Germany, DMD, filed the lawsuit against the Mississippi State Board of Dental Examiners after the board initiated disciplinary action against him and recommended a 90-day suspension.
Dr. Germany said the disciplinary action is based on a complaint by a patient who said the dentist allowed a dental assistant to take an impression of her mouth, which Dr. Germany said is legal. The patient also said Dr. Germany billed her for a cleaning that wasn't performed, but the lawsuit asserts that any billing for the cleaning was simply a clerical error.
"The Board has proposed a 90-day suspension, which leads one to believe Dr. Germany is indeed a target of collective animosity and restraint of trade," the lawsuit says.
Dr. Germany has had two previous board disciplinary cases, including one saying he violated advertising rules by not stating in the ad that he was a general dentist.
"Various board members have expressed a great dislike for such advertising and are attempting to chill the plaintiff (and other licensees) into ceasing his advertising," Dr. Germany's lawsuit claims. "They clearly threaten and discourage the plaintiff from his rights to commercial free speech."
The Mississippi State Board of Dental Examiners is alleging that Dr. Germany practiced incompetently or negligently, delegated professional responsibilities to a person not qualified, is guilty of unprofessional conduct, and violated rules and regulations.