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Thursday, January 21, 2016

Ind. Decisions - "Court of Appeals rules against Dyer dentist"

Updating this ILB post from yesterday, which summarized the COA opinion in Indiana Professional Licensing Agency and Indiana State Board of Dentistry v. Irfan A. Atcha, D.D.S., Giles Bruce reports today in the NWI Times:

The Indiana Court of Appeals ruled Wednesday against a Dyer dentist accused by the state of false advertising.

In 2013, the Indiana State Professional Licensing Agency and Indiana State Board of Dentistry ordered that Dr. Irfan Atcha's license be placed on indefinite probation and he be fined $3,000 for deceptive advertising. Atcha appealed to Marion County Superior Court, which overturned those agencies' decision.

While the appeals panel agreed with the lower court that Atcha was not required to list all the dentists in his practice in his ads, it ruled that the state has constitutional authority to restrict false and misleading commercial speech.

The appeals court sent the matter back to the dental board for a reassessment of Atcha's penalty.

"Because the First Amendment ... is at the heart of the matter, I fully expect that we will seek a review of the appellate court decision by the Indiana Supreme Court," said Frank Recker, one of Atcha's lawyers.

The ILB has obtained a copy of the 12-page, Dec. 31, 2014 Marion County Superior Court order in Atcha.

Posted by Marcia Oddi on January 21, 2016 10:39 AM
Posted to Ind. App.Ct. Decisions