Arkansas Protects Its Citizens From Paying Too Little For Teeth Cleaning
These stories all sound like somebody nuts is talking -- until you start seeing them week after week and get used to how protectionist and crony capitalist our state, local, and national governments are.

Healthy teeth and gums are pretty important for overall health, which is why it's great that this dentist and orthodontist, Dr. Ben Burris, started offering teeth cleanings at his orthodontic offices for way less than other dentists charge: $69 for kids and $99 for adults.

Arkansas quickly stepped in to stop this.

From Foundation For Economic Education:

Within weeks, Ben was told by the Arkansas State Board of Dental Examiners that he was breaking the law and that his license would be revoked if he continued offering the cleanings.

Arkansas prohibits licensed dental specialists like orthodontists from doing work outside of their specialty even though they are qualified to practice general dentistry. These kinds of restrictions arbitrarily limit access to care and drive up prices for consumers.

Faced with the threat of seeing his practice ruined and his 100+ employees out of work, Ben suspended the program.

Now Ben and his colleague Dr. Elizabeth Gohl are fighting back. Together with the Institute for Justice they filed a federal lawsuit on May 27, 2014 to defend their right -- as licensed dentists -- to perform basic dental services.

The 14th Amendment protects the right of professionals to offer services that they are perfectly qualified to perform. This case is about eliminating irrational protectionist laws and expanding access to affordable dental and medical care for Americans everywhere.

More from the wonderful Institute for Justice, which has taken Burris' case:

As a continuation of his mission to expand access to care, Ben started offering low-cost teeth cleanings at his orthodontic practice in June 2013. Nearly three-quarters of low-income Arkansas children do not have regular access to preventative dental care. Among adults, the number is nearly four in ten. The cleanings Ben offered were performed by licensed dental hygienists, whom Ben supervised, for $99 for adults and $69 for children. These were the same hygienists who perform cleanings for patients getting braces. The price was roughly one-third to one-half the rate charged by other dentists in Arkansas to patients without insurance. Within weeks of offering his low-cost cleanings, Ben was contacted by the Arkansas State Board of Dental Examiners and informed that he was violating state law. In Arkansas (and seven other states), it is illegal for dental specialists to practice outside of their area of specialization[i]--despite the fact that orthodontists and other dental specialists are dentists who have completed dental school plus a three-year residency.

By offering teeth cleanings, Ben was risking his license without even knowing it. No patients had complained about Ben nor had he ever run afoul of the Dental Board before. The complaints were coming, instead, from licensed dentists who were more interested in protecting their turf than expanding access to care for patients. At the Dental Board meeting, Board members and general dentists condemned Ben for offering the cleanings. There was no allegation that Ben had endangered, much less harmed, anyone. The "problem" was simply that he was doing something he wasn't supposed to do, even though he was perfectly qualified to do it.

Ben was told that if he did not shut down the low-cost cleanings, he faced revocation of both his dentist and orthodontist licenses. That would ruin Braces By Burris and put Ben's 100+ employees out of work. Faced with this threat, Ben agreed to suspend the program, but he continues to believe that anyone who is competent to provide care should be able to provide it and that allowing them to do so would expand access and lower costs for patients. Dental specialists are qualified to offer general dentistry services, like cleanings and X-rays.

They are, after all, licensed dentists in addition to being licensed in their area of specialization. And the hygienists that Ben was supervising were likewise qualified to perform the work. A licensed dental hygienist is qualified to work in a dental office or a specialist office without restrictions. (Indeed, they polish the teeth of patients before braces are applied.) The problem, in the Dental Board's eyes, was simply that Ben had dared to practice anything other than orthodontics. The government cannot prohibit licensed professionals from doing things that they are perfectly qualified to do, simply to protect the economic interests of certain members of that profession--like general dentists.

The 14th Amendment to the U.S. Constitution protects the right of everyone to practice the occupation of their choice free from unreasonable governmental interference. Nothing is more unreasonable than telling a licensed dentist (who also happens to be a licensed orthodontist) that he or she cannot provide simple dental services. That is why, on May 27, 2014, Ben joined the Institute for Justice to file a major economic liberty lawsuit in the U.S. District Court for the Eastern District of Arkansas to protect the right of everyone to work in the occupation of their choice, free from protectionist laws. This lawsuit has implications not only for dental specialists, but also for every patient who needs greater access to care in a world of rising and uncertain medical costs.