Dr. Ben Burris of Fort Smith is scheduled to have his case heard before the 8th U.S. Circuit Court of Appeals in St. Louis on Sept. 21.
Burris, an orthodontist, wanted to provide a teeth-cleaning service to patients, but to do so would violate the Arkansas Dental Practice Act. The act says that orthodontists and other dental specialists can’t provide any services outside their specialization, even though they are licensed dentists and have received the same training as dentists.
Burris challenged the act last year by suing the Arkansas Board of Dental Examiners in federal court in Little Rock. The board, however, asked U.S. District Judge Brian Miller to dismiss the case, which he did in November.
Burris has appealed Miller’s decision on the grounds that Miller abused his discretion and should have kept the case in federal court.
His appeal will be heard by Judges Roger L. Wollman, Steven M. Colloton and Jane Kelly.