Waltham Dentist Ordered by AACD to Stop False Advertising

On Monday, November 23, 2020, Waltham dentist Dr. Jeffrey S. Cummings, doing business at 520 Main Street in Waltham, was ordered to stop falsely advertising he is currently a member of a national organization, the American Academy of Cosmetic Dentistry (the "AACD").

It is unknown when Dr. Cummings' false advertising of a non-existent membership actually began.

Dr. Cummings' false claim of membership appeared on the internet, online at his business website www.restoreteeth.com. In the section "Meet Dr. Cummings," his bio stated he is "a member of the following professional organizations" -- and falsely included AACD.

Here is a screenshot of that portion of his web site, taken Sunday, November 22, 2020, advertising his false claim of membership in the American Academy of Cosmetic Dentistry:

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How a Former Patient Discovered the Dentist's Online Advertising Claim Is False

A former patient of Dr. Cummings discovered the Waltham dentist's false internet advertising of his bio after checking to see if his name came up on the AACD website, as AACD has a "Find a Dentist" online searchable directory of members at: https://aacd.com/profiles . The former patient searched there and discovered: Dr. Jeffrey S. Cummings was not listed as a member.

The former patient then contacted AACD, who in turn immediately contacted Dr. Cummings.

Later that same day, the false advertising on Dr. Cummings' website bio page was removed, after the demand from AACD to Dr. Cummings to remove it.

A subsequent screenshot of his website, taken Monday evening, November 23, 2020, shows the Waltham dentist's false advertising claim has been deleted:

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More About AACD

On the AACD website, this national organization located in Madison, Wisconsin, describes its "AACD Mission" as follows:

“The American Academy of Cosmetic Dentistry® (AACD) is dedicated to advancing excellence in the art and science of comprehensive cosmetic dentistry and encouraging the highest standards of ethical conduct and responsible patient care.”

AACD has different levels of membership for dentists, from "Accreditation" status to the highest level of an "Accredited Fellow." Both levels appears to require a substantial amount of work for a dentist to claim an affiliation.

AACD "Fellowship Protocols For Dentists & Laboratory Technicians" require its dentist members to use digital images when the AACD "Accredited" dentist member seeks to move up in status and obtain an AACD "fellowship" status, as stated on its website here: "Accredited members may send their required digital images to the AACD Executive Office for examination only after fulfilling all other requirements"

And, as the former patient of Dr. Cummings claims the Waltham dentist was only using lightbox images -- not digital images -- it therefore appears that Dr. Jeffrey S. Cummings was actually never an AACD accredited nor fellowship dentist member of AACD.

In addition, AACD's website states this financial benefit of membership: "Research shows that AACD member dentists generate 25% more practice production than non-members."

As to AACD's policy on dentists advertising an AACD affiliation when no such affiliation actually exists, Dana J. Murn, CAE, Director of Membership of AACD, had this to say, in an email dated November 23, 2020:

“…we contact those who are using our logo and claiming to be a member.”

According to Ms. Murn's email, a complaint of a dentist falsely advertising an affiliation with AACD goes:

“to our Ethics department.”

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Malpractice Insurance Not Required for Massachusetts Dentists

It is unclear whether Dr. Cummings had malpractice insurance during the time he was falsely advertising online a non-existent affiliation with AACD.

According to the MA Board of Dentistry, Massachusetts is a state that does NOT require evidence of malpractice insurance for a dentist.

When contacted about this, Barbara A. Young, RDH, Executive Director, Mass. Board of Registration in Dentistry, stated in a November 23, 2020 email to the former patient:

“The Board does not require a dentist to carry malpractice insurance …. Since this policy is not required by the Board, we do not track whether a dentist does or does not carry malpractice coverage.”

In sharp contrast to Massachusetts, a neighboring New England state, Connecticut, has very strict laws and requirements for dentists, and all health professionals providing "direct patient care," with respect to their obligation to maintain malpractice insurance:

From the Connecticut Department of Public Health website:

"Pursuant to Connecticut General Statutes, individuals licensed and providing direct patient care services, are required to maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of such insurance or indemnity for claims against injury or death for professional malpractice must be not less than five hundred thousand dollars ($500,000) for one person, per occurrence, with an aggregate of not less than one million five hundred thousand dollars ($1,500,000). In the event that a licensee fails to maintain such insurance or indemnity coverage, the Connecticut State Dental Commission may restrict, suspend, revoke, limit the right to practice or take action in accordance with Section 19a-17, Connecticut General Statutes."

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False Advertising by Dentists is Illegal in Massachusetts

False advertising is illegal in Massachusetts and is recognized as a deceptive business practice:

940 CMR 3: Consumer protection: General regulations

In addition, a MA licensed dentist is expressly prohibited from false advertising. The MA dentist has "a duty to communicate truthfully." This is required by the American Dental Association Code of Ethics, which is part of the licensing test for dentists in the Commonwealth of Massachusetts.

Specifically, the MA Board of Dentistry requires licensed MA dentists to comply with this principle known as "Veracity - Section 5," from the aforementioned American Dental Association Code of Ethics:

Veracity

SECTION 5 — Principle: Veracity ("truthfulness")

The dentist has a duty to communicate truthfully. This principle expresses the concept that professionals have a duty to be honest and trustworthy in their dealings with people. Under this principle, the dentist's primary obligations include respecting the position of trust inherent in the dentist-patient relationship, communicating truthfully and without deception, and maintaining intellectual integrity.

Code of Professional Conduct

5.A. Representation of Care. Dentists shall not represent the care being rendered to their patients in a false or misleading manner.

Advisory Opinions . . .

5.E. Professional Announcement. In order to properly serve the public, dentists should represent themselves in a manner that contributes to the esteem of the profession. Dentists should not misrepresent their training and competence in any way that would be false or misleading in any material respect.

5.F. Advertising. Although any dentist may advertise, no dentist shall advertise or solicit patients in any form of communication in a manner that is false or misleading in any material respect.

(emphasis added)

It is not known at this time if the MA Board of Dentistry will take any action against Dr. Jeffrey S. Cummings for his unlawful false advertising and for violating the truthfulness principle of the code of ethics for dentists.

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Privacy Rights of Former Patient

The name of the former patient who contacted AACD and the MA Board of Dentistry is not being disclosed here, because under federal law the patient has a right to privacy of medical records.

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You've been reading Part 1 of an original 5-part series written by Susan Alyn titled:

"The Waltham Dentist."

Click here for Part 2.

This series has been written and posted as a public service to the neighbors of Waltham, MA. The author posted "The Waltham Dentist" exclusively on Patch Waltham.

Copyright November 2020 by Susan J. Alyn

About the Author:

Susan is a native New Yorker and now resides in Greater Boston, in Waltham. Her first career was in advertising. She later became a teacher. You can visit her Linked In page.

How to Contact the Author:

If you wish to contact the author with your comments about this original series "The Waltham Dentist," you may write to her at her mailing address:

Susan Alyn, PO Box 550171, North Waltham, MA 02455

Note that any correspondence sent to her about this series becomes the property of the author, and may be published or shared with the public, especially in connection with any future hearings on changing MA laws. However, you may request your name not be disclosed -- and she will not disclose.

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