A new Wisconsin rule would bar many dentists from telling patients, or even implying, that they specialize in certain fields.
Why It Matters
The rule tells dentists they cannot call themselves a “specialist” unless a private group in Chicago—the American Dental Association (ADA)—says their field counts. That gives a private organization the power to decide who can speak freely in Wisconsin.
The Big Picture
The Wisconsin Dentistry Examining Board proposed a new rule called Clearinghouse Rule 26-023. It deals with “unprofessional advertising.”
Here is what it would do:
- Ban dentists from using words like “specialist,” “specialty,” or “limited specialty of” if their field is not on the ADA’s list.
- Ban them from even hinting at a specialty in any ad, on any website, or in any form of media.
- Let the state punish dentists who break the rule—even if what they said was true.
The ADA only recognizes 12 specialties. That leaves out highly trained dentists in fields like dental implants, who have spent years earning their credentials from other well-known boards.
Zoom In: Why This Breaks The Law
The First Amendment protects truthful ads. In 2017, a federal appeals court struck down a nearly identical rule in Texas. In that case, American Academy of Implant Dentistry v. Parker, judges ruled that Texas could not stop dentists from honestly telling people what they specialize in.
Wisconsin’s rule has the same problem. If a dentist truly is an expert in dental implants, telling patients so is not a lie—it is just the truth.
The Other Problem: Handing Power To A Private Club
The Wisconsin Constitution says only elected lawmakers and public officials can make the rules. But this rule lets the ADA — a private group — decide who counts as a specialist in Wisconsin.
Last year, in FCC v. Consumers’ Research, the U.S. Supreme Court reaffirmed that a private group’s choices cannot become law without a real government agency signing off. Right now, the Examining Board is rubber-stamping the ADA’s list. That is not how our system is supposed to work.
What WILL Is Doing
The Wisconsin Institute for Law & Liberty (WILL) filed a public comment with the Dentistry Examining Board on May 6, 2026, asking the Board to drop the rule or make significant changes to it.
Between The Lines
Public comments may sound boring, but they matter. They are the first line of defense against rules that unduly burden people. When a group like WILL speaks up during the comment period, agencies are forced to pay attention. If they ignore the warning and finalize the rule anyway, they could lose in court later which would cost taxpayers time and money.
What’s Next
The Dentistry Examining Board must now decide what to do with the rule. It can finalize it, change it, or throw it out. If the board moves forward without fixing the free speech problems, the rule could end up in court—just like the Texas one did.
The Bottom Line
Dentists should be able to tell the truth about their specialties. The state, not a private organization, should decide how Wisconsin is regulated. And stopping unlawful rules up front, instead of waiting for a lawsuit, is better for everyone.
That is exactly what WILL is trying to do here.
Read WILL’s full comment here.
Erin Gamble
Associate Counsel