The Morning Flap: November 5, 2012

Posted Posted in Pinboard Links, The Morning Flap

Romney campaigning in Virginia

Mitt Romney campaigning in Virginia today

These are my links for November 2nd through November 5th:

  • How Romneyworld sees Mitt winning the White House on Tuesday– The more difficult case to make is how Romney’s vote is lifted so that on the spectrum of Obama states to capture (the order in terms of confidence seems to be Indiana, North Carolina, Florida, Virginia, Iowa, Ohio, Colorado, Wisconsin, New Hampshire, Pennsylvania, Minnesota, Nevada and Michigan) it is a tide that rises above the Ohio threshold.Senior Romney advisers insist that although the popular vote will be close, in the electoral college the Republican nominee will win by more than 300 – something the adviser quoted here had predicted for several months.For that, several things have to happen: the battleground polls have to be wrong; undecideds have to vote for Romney; Romney’s turnout has to be very high; Obama’s vote has to be depressed.

    Can so many polls be wrong? The short answer is yes. It is worth remembering that in January 2008 virtually no one in the political world believed that Hillary Clinton could win the New Hampshire primary over Obama, fresh off his Iowa victory. But win it she did.

    This year, apart from Gallup and Rasmussen, pollsters have consistently over-sampled Democrats compared to Republicans. The Romney adviser said: ‘The samples that they’re using are geared towards 2008 results. So you get Democrats plus four on Pew, you’ve got Democrats plus eight on PPP.

    ‘It’s going to be a Republican plus one or Republicans plus two election. It’s not 2008, it’s not 2004, it’s not 2000. It’s a new election. It’s 2012 and a completely different dynamic. Every election we re-write history on turnout.

    ‘Gallup looked at it a week ago and decided it was going to be a more Republican electorate and they had it right.’

    The closer you get to an election, the more likely undecideds are to break against the incumbent. Romney will also have voter enthusiasm on his side. Whether that’s enough, remains an open question but the Romney campaign thinks so.

    ‘What’s going on here is when you have intensity and momentum,’ said the Romney adviser.

  • All Over But the Vote Counting– After four nationally televised debates, two political conventions, hundreds of speeches, one devastating hurricane, and the expenditure of an estimated $2 billion — most of it on nasty, negative, and mendacious television ads — the 2012 campaign finally comes to a close Tuesday.Going into the final day, independent surveys still show the race to be close, with little recent movement — and few undecided voters left.Nonetheless, President Obama’s top advisers and like-minded pundits are openly confident, even haughty, in their certitude that a slight advantage in the public opinion polls will translate into a comfortable Electoral College victory Tuesday night. By contrast, the attitude at Mitt Romney’s headquarters might best be described as cautiously hopeful.
  • 2012 Election: Poll: Mitt Romney ran better than John McCain– Americans are far more satisfied with Mitt Romney’s campaign than they were with John McCain’s effort four years ago, according to a poll released Monday.Only four-in-ten were happy with McCain’s 2008 campaign, according to Gallup, while 54 percent are satisfied with the race Romney has run. Satisfaction with President Barack Obama’s campaign has dipped from 66 percent — the highest Gallup has ever recorded — in 2008 to 58 percent in 2012.
  • Flap’s California Blog @ Flap Twitter Digest for 2012-11-04 – Flap’s California Blog – Flap’s California Blog @ Flap Twitter Digest for 2012-11-04
  • Flap’s Blog @ Flap Twitter Daily Digest for 2012-11-04 – Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Blog @ Flap Twitter Daily Digest for 2012-11-04 #tcot
  • My Daily Twitter Digest for 2012-11-04 – Locum Tenens (Temporary) Dentist – Gregory Cole, D.D.S. – My Daily Twitter Digest for 2012-11-04
  • Arizona group plans appeal to U.S. Supreme Court in funding case– The Arizona nonprofit behind a controversial $11-million donation plans to take its case to the U.S. Supreme Court in a last-ditch bid to avoid turning over records to California’s campaign finance watchdog.The California Supreme Court ordered the nonprofit to comply with an audit by 4 p.m. Sunday. Lawyers for the nonprofit asked for an extension, saying it was impossible from “a logistical perspective.”That request was denied by the state justices, and the nonprofit’s lawyers filed another letter outlining its plan to continue appealing the case.

    In the letter, San Francisco attorney Thad Davis said the case raises “novel and pressing issues” that need a full vetting before the nonprofit can be forced to turn over records.

    Davis wrote that the case “raises critical First Amendment issues regarding the ability of an organization to freely associate and speak on vital election-related matters without reprisal by government officials opposed to their view.”

  • Poll: Rehberg holds edge over Tester in Montana Senate race – CNN Political Ticker – Blogs – RT @PoliticalTicker: Poll: Rehberg holds edge over Tester in Montana Senate race #tcot
  • A Staten Island Run For Relief | – RT @runnersworld: A firsthand account of today’s run for relief on Staten Island, via @exerscience #NYCMarathon
  • California Supreme Court orders nonprofit to face FPPC audit– Update (4:50 p.m.): Americans for Responsible Leadership did not submit information to the FPPC by 4 p.m. as ordered and instead has asked the state court for more time as it asks the U.S. Supreme Court for review, according to FPPC chairwoman Ann Ravel.The California Supreme Court this afternoon ordered an obscure Arizona nonprofit to submit donation records immediately to state regulators related to an $11 million contribution the group gave in October.The state’s highest court issued its unanimous 7-0 decision at 3 p.m. after a telephone conference and gave Phoenix-based Americans for Responsible Leadership until 4 p.m. to comply.

    The state Fair Political Practices Commission had asked the Supreme Court to force ARL to turn over e-mails and transactions data behind the donation, whose specific donors the group has never disclosed. The group gave $11 million to a business campaign committee established to oppose Gov. Jerry Brown’s tax initiative, Proposition 30, and support a measure that would restrict union dues collection, Proposition 32.

  • Ontario Teachers Said to Near $1.3 Billion Heartland Dental Care Deal– Ontario Teachers’ Pension Plan is nearing a deal to buy Heartland Dental Care Inc. that values the company at about $1.3 billion, outbidding traditional leveraged- buyout funds, said people with knowledge of the matter.The Canadian retirement fund may be prepared to announce an agreement with Effingham, Illinois-based Heartland as soon as tomorrow, said the people, who spoke on condition of anonymity because the talks are private. KKR & Co. (KKR), Madison Dearborn Partners LLC, and Apax Partners LLP had also pursued an acquisition of Heartland, one of the people said.Founded by Chief Executive Officer Richard Workman, Heartland is one of the largest U.S. dental practice management companies. It manages 370 practices in 19 states, helping dentists with personnel and back-office support, according to its website. CHS Capital, a Chicago-based private equity firm, bought a stake of undisclosed size in Heartland in 2008.

    Calls to Deborah Allan, a spokeswoman for Ontario Teachers’, and Ashley Buehnerkemper, of closely held Heartland, weren’t immediately returned. Representatives of the private- equity firms declined to comment.

    In addition to investing in private equity funds managed by others, Teachers, with C$117.1 billion under management as of Dec. 31, makes its own direct investments in private equity, usually alongside a buyout firm. Teachers has disclosed only two acquisitions worth more than $1 billion without a co-investor, according to data compiled by Bloomberg.

    Those were the 2007 acquisition of marine container terminals in Canada and the U.S. from Oriental Overseas International Ltd. for about $2.35 billion, and the 2000 purchase of Cadillac Fairview Corp., a commercial real estate developer, for C$2.3 billion ($1.56 billion at the time).

  • AD-38: The Signal Scolds Endorsee Edward Headington – AD-38: The Signal Scolds Endorsee Edward Headington
  • Running / Perfect Conditions – Perfect Conditions
  • Flap’s California Blog @ Flap Twitter Digest for 2012-11-03 – Flap’s California Blog – Flap’s California Blog @ Flap Twitter Digest for 2012-11-03
  • Flap’s Blog @ Flap Twitter Daily Digest for 2012-11-03 – Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Blog @ Flap Twitter Daily Digest for 2012-11-03 #tcot
  • My Daily Twitter Digest for 2012-11-03 – Locum Tenens (Temporary) Dentist – Gregory Cole, D.D.S. – My Daily Twitter Digest for 2012-11-03
  • Flap’s California Blog @ Flap Twitter Digest for 2012-11-02 – Flap’s California Blog – Flap’s California Blog @ Flap Twitter Digest for 2012-11-02
  • Flap’s Blog @ Flap Twitter Daily Digest for 2012-11-02 – Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Blog @ Flap Twitter Daily Digest for 2012-11-02 #tcot
  • My Daily Twitter Digest for 2012-11-02 – Locum Tenens (Temporary) Dentist – Gregory Cole, D.D.S. – My Daily Twitter Digest for 2012-11-02
  • President 2012: Nine Electoral College Forecasts – Ryan Teague Beckwith rounds up electoral maps from nine political prognosticators, all of which see President Obama winning re-election with anywhere from 281 to 332 electoral votes.
  • Reid to Romney: Senate Dems Won’t Work With You– If Mitt Romney wins the presidency, he will not win cooperation from Senate Democrats, Majority Leader Harry Reid, D-Nev., said Friday in his latest and perhaps final shot at a candidate who aides say Reid personally disdains.In a statement reacting to what he said are Romney’s claims that Senate Democrats will work with him on his agenda, Reid calls Romney a “severe conservative” whose “far-right agenda” Democrats reject.

    “Romney’s fantasy that Senate Democrats will work with him to pass his ‘severely conservative’ agenda is laughable. In fact, Mitt Romney’s Tea Party agenda has already been rejected in the Senate,” Reid says, listing GOP policies Romney has embraced that the Senate has voted down, including the budget plans offered by vice presidential nominee Paul Ryan, R.-Wis.

    Democrats look set to retain control of the Senate. Reid’s statement, while aiming to aid President Obama’s reelection, is a reminder that should Romney win, Senate Democrats will pose a major hurdle to his plans and that Reid’s dislike of Romney, more specifically, would be a problem.

  • Is the California Death Penalty Toast? – Flap’s California Blog – Is the California Death Penalty Toast?
  • AD-48: Why Would Roger Hernandez Resign? – Flap’s California Blog – AD-48: Why Would Roger Hernandez Resign?
  • The Case of the GMO Papaya – This story ends in the same way it begins—with conflict. The disagreements in California, fortunately, have not resulted in physical altercations or property damage. Ultimately, however, both those who support and oppose GMOs should take the time to discuss each side’s viewpoint. As Davidson notes, scientists need to make themselves more available to answer questions the public undoubtedly has, and to illustrate that genetic modification is more than an issue of simple economics. Sometimes, as in the case of the papaya, the ability of future generations to partake in a highly nutrient-dense crop may be at stake. An open, transparent forum of ideas will do much to alleviate the concerns of more moderate GMO activists and allow all of humanity to reap the benefits of this technology.
  • Trooth.Com: The Dr. Wisdom Teeth Radio Ad – Flap’s Blog – : The Dr. Wisdom Teeth Radio Ad #tcot
  • Dr. Heath Hendrickson (Dr. Wisdom Teeth) radio ad – YouTube – Dr. Heath Hendrickson (Dr. Wisdom Teeth) radio ad – YouTube #tcot
  • Dr. Heath Hendrickson (Dr. Wisdom Teeth) radio ad – YouTube – I uploaded a @YouTube video Dr Heath Hendrickson radio ad
  • California Proposition 37: A Belligerent Genetically Modified Banana? – California Proposition 37: A Belligerent Genetically Modified Banana? #tcot
  • Trooth.Com – The Picketers Return to Dr. Heath Hendrickson’s Dental Office – Flap’s Blog – – The Picketers Return to Dr. Heath Hendrickson’s Dental Office #tcot
  • Marathon Runners Stop Aging Out of the Race – – Marathon Runners Stop Aging Out of the Race –
  • The Morning Flap: November 2, 2012 – Flap’s Blog – The Morning Flap: November 2, 2012 #tcot

Trooth.Com: The Dr. Wisdom Teeth Radio Ad

Posted 1 CommentPosted in Dentistry, Heath Hendrickson, Trooth.Com

Trooth Website Trooth.Com   The Tate Viehweg DMD Interview Part One

From the website Trooth.Com

You remember the FLAP.

A number of Utah oral and maxillofacial surgeons have begun a dentistry turf war with a fellow dentist, Heath Hendrickson, over the extraction of wisdom teeth. The surgeons have sponsored a website ( and a billboard on I-15 in Utah County, Utah.

The oral surgeons who are listed below have a beef with general dentist, Heath Hendrickson, who refers to himself as Dr. Wisdom Teeth.

Now, Dr. Heath Hendrickson or Dr. Wisdom Teeth has released a new radio ad that very clearly states that he is NOT an oral and maxillofacial surgeon.

Will this be enough to satisfy the oral surgeons of Trooth.Com?

Here is the ad:


How about the outside window of Dr. Hendrickson’s office where picketers have again demonstrated this morning?

Dr Wisdom Teeth OfficeWell, I plan to ask the oral surgeons for their thoughts and comments.

If the Trooth.Com Board is concerned with Dr. Hendrickson’s marketing/advertising and that the public would be confused whether he is an oral and maxillofacial surgeon or not, then this seems to be corrected.

Stay tuned……

Trooth.Com – The Picketers Return to Dr. Heath Hendrickson’s Dental Office

Posted 1 CommentPosted in Dentistry, Heath Hendrickson, Trooth.Com

Trooth.Com Picketers

In front of Dr. Heath Hendrickson’s (Dr. Wisdom Teeth) Dental Office

They are back!

The Trooth.Com picketers that is…..

You remember the FLAP.

A number of Utah oral and maxillofacial surgeons have begun a dentistry turf war with a fellow dentist, Heath Hendrickson, over the extraction of wisdom teeth. The surgeons have sponsored a website ( and a billboard on I-15 in Utah County, Utah.

The oral surgeons who are listed below have a beef with general dentist, Heath Hendrickson, who refers to himself as Dr. Wisdom Teeth.

Here is another photo:

Trooth.Com Picketer - November 2, 2012Obviously, there has been no resolution of this matter between the Trooth.Com oral surgeons and Dr, Hendrickson.

I do know there have been some sort of negotiations or discussions between each side attorneys and will post more when information becomes available.

Here is a link to my archive of posts on the Trooth.Com FLAP.

The Morning Flap: October 25, 2012

Posted Posted in Pinboard Links, The Morning Flap

Drudge: Romney Gender Gap Gone

These are my links for October 24th through October 25th:

  • AP poll: Romney erases Obama advantage among women– What gender gap?Less than two weeks out from Election Day, Republican Mitt Romney has erased President Barack Obama’s 16-point advantage among women, a new Associated Press-GfK poll shows. And the president, in turn, has largely eliminated Romney’s edge among men.Those churning gender dynamics leave the presidential race still a virtual dead heat, with Romney favored by 47 percent of likely voters and Obama by 45 percent, a result within the poll’s margin of sampling error, the survey shows.After a commanding first debate performance and a generally good month, Romney has gained ground with Americans on a number of important fronts, including their confidence in how he would handle the economy and their impressions of his ability to understand their problems.

    At the same time, expectations that Obama will be re-elected have slipped: Half of voters now expect the president to win a second term, down from 55 percent a month earlier.

  • Support plunges for Prop. 30, Gov. Jerry Brown’s tax initiative– Support has plunged for Proposition 30, Gov. Jerry Brown’s plan to raise billions of dollars in taxes, a new USC Dornsife/Los Angeles Times poll shows, with less than half of voters planning to cast ballots in favor of the measure.Only 46% of registered voters now support Brown’s initiative, a 9-point drop over the last month, and 42% oppose it. The findings follow a lackluster month of campaigning by the governor, who had spent little time on the stump and found himself fighting off attacks from backers of a separate ballot measure that would raise taxes for schools.
  • Colorado remains big prize as Romney, Obama hold campaign rallies– It was after sunset as the flashing lights of Mitt Romney’s motorcade began the steep and winding climb up the hills west of Denver on Tuesday. By the time the Republican candidate arrived at the Red Rocks Amphitheater, the rocks were rocking.Blue lights bathed the rock walls flanking the seating area. The Romney campaign’s stylized “R” logo was projected in white against the rocks. At the opposite end of the vast open-air setting, five American flags were hanging high up at the back of the big stage. The stage had a faux-autumn, western setting of fence posts, artificial grass, rocks and shrubs. The night air was seasonably warm.
  • Rove: Strategies for the Stretch Run to Nov. 6– This year’s presidential election was transformed between the first debate’s opening statements in Denver and the closing statements in Boca Raton. As a result, most of the negative impressions created by the Obama campaign’s five-month, $300-million television advertising barrage were destroyed. Seen unfiltered, Gov. Mitt Romney came across as an earnest, straightforward, thoughtful conservative with a concrete plan for the nation’s future.Wednesday’s average of polls showed Mr. Romney with 48% support to President Barack Obama’s 47.1%. On the eve of the Denver debate, Mr. Romney had 46% and Mr. Obama 49.1%.More revealing, in the past week’s 40 national surveys, Mr. Romney was at or above 50% in 11, with Mr. Obama at or above 50% in one. Mr. Romney leads 48.9% to 46.7% in an average of these surveys. At this same point in 2004, President George W. Bush led Sen. John Kerry in this composite average, 48.9% to 45.8%.So what are each candidate’s strategies for the stretch run?

    New television spots reveal the Romney campaign’s closing message. One says another four years for Mr. Obama would mean more debt, up to 20 million people losing their employer-provided health insurance, higher taxes, rising energy prices and Medicare cuts. Other ads emphasize Mr. Romney has a plan for jobs and showcase his success as a Republican governor in a Democratic state

  • Suburbs Swing to Debate-Tested Romney– Back in May, I wrote a column laying out possible scenarios for the 2012 campaign different from the conventional wisdom that it would be a long, hard slog through a fixed list of target states like the race in 2004.I thought alternatives were possible because partisan preferences in the half dozen years before 2004 were very stable, while partisan preferences over the last half dozen years have been anything but.Now, after Mitt Romney’s big victory in the Oct. 3 debate and his solid performances in the Oct. 16 and 22 debates, there is evidence that two of my alternative scenarios may be unfolding.The list of target states has certainly not been fixed. Barack Obama’s campaign spent huge sums on anti-Romney ads to create a firewall in three states that the president won narrowly in 2008 — Florida, Ohio and Virginia. But post-debate polling shows Romney ahead in Florida and tied in Virginia.

    National Journal’s Major Garrett reported last week that Obama strategist David Plouffe omitted Florida and Virginia in a list of key states but mentioned Ohio, Iowa, New Hampshire and Nevada. Obama carried the latter three by 10, 10 and 12 points in 2008.

  • Obama’s Blunder Was in Ceding Political Center to Romney– The third and final presidential debate did little to change the race between President Barack Obama and Mitt Romney, who are tied with just two weeks to go. Even so, this week’s inconsequential contest provides a key of sorts to understanding the election.In the first debate — which was consequential and then some — Romney abruptly changed from the severely conservative Republican he’d presented to voters during the primaries to the reassuringly pragmatic moderate he’d seemed as governor of Massachusetts. It was an audacious move, and one that strains credulity, in two respects: for the sheer distance in ideology he had to walk back, and for the timing, because he left this second outrageous pivot so late in the campaign.In the last debate, focused mainly on foreign policy, he moved further toward moderation. He struck a conciliatory tone and found little in what Obama said to disagree with, making the encounter in one sense a nonevent. He was cautious to a fault, careful to avoid seeming recklessly hawkish, allaying concerns that under his leadership the U.S. might blunder into another war. This peacemaking Romney couldn’t have won the Republican nomination. But he could very well win on Nov. 6.
  • How Bill Clinton May Have Hurt the Obama Campaign– When the histories of the 2012 campaign are written, much will be made of Bill Clinton’s re-emergence. His convention speech may well have marked the finest moment of President Obama’s re-election campaign, and his ads on the president’s behalf were memorable.But there is one crucial way in which the 42nd president may not have served the 44th quite as well. In these final weeks before the election, Mr. Clinton’s expert advice about how to beat Mitt Romney is starting to look suspect.You may recall that last spring, just after Mr. Romney locked up the Republican nomination, Mr. Obama’s team abruptly switched its strategy for how to define him. Up to then, the White House had been portraying Mr. Romney much as George W. Bush had gone after John Kerry in 2004 – as inauthentic and inconstant, a soulless climber who would say anything to get the job.
  • Paul Ryan to Campaign and Trick or Treat in Wisconsin– In a week Paul Ryan will campaign in the battleground state of Wisconsin but the visit was partially designed so the GOP vice presidential can be with his kids on Halloween.Ryan made it clear he won’t miss being with his kids on the dress-up holiday in a radio interview earlier this month.The seven-term congressman, wife Janna and three children live on the same block that Ryan grew up on in Janesville.“I’m taking my kids trick-or-treating, and so, that’s a big tradition we have in my neighborhood. We trick-or-treat at the same houses I trick-or-treated in as a kid growing up,” Ryan said in a radio interview on the Jerry Bader Show on Oct. 19. “And so, around that time, I’m going to spend a good deal of time in Wisconsin.”

    The race in Wisconsin is considered a “toss up” on CNN’s Electoral Map. The state took on greater importance after Ryan became Mitt Romney’s running mate and recent polls show President Barack Obama still has a slight edge in Ryan’s home state.

    In the same interview that aired on WTAQ in Green Bay he said, “I’m planning a swing through the state and throughout the major cities, as many as I can get.”

    A Ryan aide confirmed the Halloween-day visit but would not elaborate what stops he will make or how long the visit will be.

  • Josh Kraushaar’s post on Capitol Hill Insiders | Latest updates on Sulia – RT @HotlineJosh News of the day: Hillary Clinton says she may stay on in second term as Sec/State, post-Benghazi
  • Obama Asks for Another Chance to Meet His Goals, Including Immigration Amnesty– President Barack Obama asked the Iowans who first voted for him as president to give him another chance to accomplish his goals, including the immigration overhaul that he predicts Republicans will want to accomplish if they are defeated in the White House race.The president kicked off the busiest day of his re-election campaign with an appeal to the Iowa voters who selected him in the first-in-the-nation Democratic caucus in 2008. Obama later won the state in the general election, but it’s a toss-up this year against Republican Mitt Romney and a suffering economy. Romney planned to visit the state later Wednesday with a stop in Cedar Rapids.
  • Flap’s California Blog @ Flap Twitter Digest for 2012-10-24 – Flap’s California Blog – Flap’s California Blog @ Flap Twitter Digest for 2012-10-24
  • Flap’s Blog @ Flap Twitter Daily Digest for 2012-10-24 – Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Blog @ Flap Twitter Daily Digest for 2012-10-24 #tcot
  • My Daily Twitter Digest for 2012-10-24 – Locum Tenens (Temporary) Dentist – Gregory Cole, D.D.S. – My Daily Twitter Digest for 2012-10-24
  • How the Obama team views the race’s final stretch, ctd. – The Plum Line – The Washington Post – RT @philipaklein RT @ThePlumLineGS: Dem internal polling puts Obama up between 3 and 5 points in Ohio:
  • Day By Day October 24, 2012 – Government Work – Flap’s Blog – Day By Day October 24, 2012 – Government Work #tcot
  • The Electoral College: State of the Presidential Race – Flap’s Blog – The Electoral College: State of the Presidential Race #tcot
  • Flap’s Dentistry Blog: Heartland Dental Care Worth $1.3 Billion? – Heartland Dental Care Worth $1.3 Billion?
  • Netroots Bloggers Mark 10th Birthday in Decline and Struggling for Survival– Now, however, the Netroots, which were once thought to do to the political left what evangelical Christianity was supposed to do to the professional right, are 10 years old. In that time they vaulted Howard Dean to within a scream of the presidency, helped Democrats take both houses of Congress and several statehouses across the country, and gave the party what many in the movement believed to be some much-needed spine.But with another critical election two weeks away, politicians, political operatives, and even the bloggers themselves say the Netroots are a whisper of what they were only four years ago, a dial-up modem in a high-speed world, and that the brigade of laptop-wielding revolutionaries who stormed the convention castle four years ago have all but disappeared as a force within the Democratic Party.
  • Dentists ask patients about sex lives to fight oral cancer– Dentists are being urged to probe their patients’ personal lives to help curb rising rates of oral cancer.A leading charity wants to see dentists take a more active role in fighting the disease, which is claiming increasing numbers of lives in the UK.This could mean practitioners asking patients about lifestyle risk factors such as smoking, drinking and sexual behaviour.’We would like them to be more aware of the risk factors so that they ask the right questions,’ said Hazel Nunn, head of health evidence and information at Cancer Research UK.
    ‘Dentists should be asking their patients if they smoke or drink heavily. That doesn’t necessarily mean following up with a lecture, but they should be aware.
    ‘If a dentist is looking at someone’s teeth and knows this person smokes 50 cigarettes a day and drinks well above the recommended amount, he might look that extra bit more carefully.’
  • The Morning Flap: October 24, 2012 – Flap’s Blog – The Morning Flap: October 24, 2012 #tcot

Aspen Dental Sued for Unlawful Corporate Practice

Posted 1 CommentPosted in Aspen Dental, Dentistry

Screencap from the Aspen Dental website

From the Aspen Dental website

This is a federal lawsuit, filed in New York state yesterday.

Aspen Dental Management and the private equity firm that controls it illegally operate dental clinics across the country and engage in aggressive, misleading profit-driven practices that cause patients economic harm, claims a federal lawsuit filed Thursday in New York.

East Syracuse-based Aspen and Leonard Green and Partners are violating laws that require clinics to be owned by dentists actively performing procedures onsite to prevent business interests from trumping those of patients, according to court papers filed at U.S. District Court in Albany.

The suit is on behalf of 11 people in 11 states, but their lawyers are seeking class action status that could cover tens of thousands of current and former patients and untold monetary damages.

They argue that the structure of Aspen Dental puts a premium on getting patients to consent to expensive treatment plans through aggressive sales pitches after they’ve been attracted to the clinics by free exam and X-ray promotions.

Lawyers Brian Cohen and Jeffrey Norton said the goal is to maximize profits for the non-dentist owners of Aspen by using dentists as “sham” owners of clinics, some of which operate too far away, including in other states, for the dentists to practice there. That, they say, violates New York’s law against “unlawful corporate practice of medicine.”

Aspen’s “so-called ‘Practice Owners’ are nothing more than de facto employees and/or independent contractors” of the company, which controls its 358 clinics’ marketing, credit offers, hiring, training and bookkeeping, according to the court papers.

This is an interesting legal complaint since it is federal and may involve a class action across many states.

In California, there is a complex set of laws in the Dental Practice Act regarding corporate practice and ownership of dental offices. However, some states have banned the outright ownership of dental offices to anyone, but a dentist.

I think America is ready for the debate as to whether dentists should be the sole owners of dental practices. If not, then who will be ultimately responsible financially and for patient care.

I will cover more of this lawsuit, as it progresses.

Trooth.Com – The David Nicholls DDS Interview Part Three

Posted 4 CommentsPosted in David Nicholls, Dentistry, Heath Hendrickson, Trooth.Com

Trooth Website Trooth.Com   The David Nicholls DDS Interview Part Two

From the website Trooth.Com

You remember the FLAP.

A number of Utah oral and maxillofacial surgeons have begun a dentistry turf war with a fellow dentist, Heath Hendrickson, over the extraction of wisdom teeth. The surgeons have sponsored a website ( and a billboard on I-15 in Utah County, Utah.

The oral surgeons who are listed below have a beef with general dentist, Heath Hendrickson, who refers to himself as Dr. Wisdom Teeth.

Monday afternoon, I had the opportunity to speak with David Nicholls, D.D.S., one of the oral and maxillofacial surgeons who comprise the Board of Trooth.Com.

Part One of my interview with Dr. Nicholls is posted here. Part Two is posted here.

The interview continues:


Are there any remedies to those issues besides doing a website or placing a billboard? Because, you know, it is unusual, for a group of oral surgeons to take out a billboard on a major interstate highway about a general practitioner. You have to admit that this is unprecedented?

So, everyone asks why would you risk your reputation, which is excellent and with excellent training, and any community would be proud to have you as their oral surgery practitioners.

So, why would all of you risk your own professional reputations, risk a lawsuit for libel or for slander and why would you risk alienating your general practitioner referral base to address Dr. Hendrickson’s advertising and his portrayal of being an oral surgeon?


I can answer that straight forward. We all care about our community and our professional community as well. And, we are interested in the patients and families in our area. And, the only reason we are doing this is we believe it is the right thing to do. Stand up, stick up for something that is right because the other remedies that we have pursued, that have tried to remedy this, have not been successful.

And, there comes a time where it says it is not right that this is going on. Patients are not being treated properly, not getting the proper standard of care. They are not being properly informed with respect to their care. And, they are just being taken advantage of. And, so somebody needs to stand up and say something about this.

And, so in our view, we are not doing anything but standing up for and telling the truth. It is not about revenue. It is not about competition. It is not about any of that.

We all do things other than wisdom teeth. But, it is about standing up and telling the truth. And, so people know that if you need surgery, you need at least to consider to go to a surgeon and not have a generalist do it.

But, that is not to say a well-trained generalist of which there are many in our state, many who have served in the military and done GPR’s, had extended training are not adept to do surgery. That is not the case. There are many general practitioners who take out teeth, wisdom teeth and do a fine job.

All we are say is that if a generalist is going to represent himself to the public as a wisdom tooth specialist, then he needs to comply with the State Dental Practice Act, which says he has to say he is a general dentist.

And, he is not a trained surgeon.

He doesn’t have to say he is not a trained surgeon, but has to say on his advertisements, that services are preformed by a general dentist. And if he would put that on his advertisements , on his billboards and on his flyers and all of the stuff he has up, services performed by a general dentist, then that is all we have to say about it.

Then, he is advertising truthfully. And, people would look at his website and his billboards, whatever and they know what they are getting. They are going to a general dentist to have their wisdom teeth removed.

And, if they choose to do that, knowing full well that who it is, then it is their choice.

And, we are not going to change that. But, what we want him to do is accurately represent himself to the public, period.


So, there appear to be some very specific remedies that he could take that would maybe allow the billboard to come down: portray himself as the dentist that he is, to put disclaimers on all of his advertising, and what about the patient care issue as far as post-operative care?


If you have a bunch of orthopedic surgeons and a certain number of them have a higher complication rate than the other surgeons, then there is nothing that will allow the group or an individual to allow, what happens is there is internal monitoring by the State Medical Board and by the hospital that kind of questions that individual if they are having an excessively high rate of complications.

In dentistry there is nobody to do that.

So, if a clinician, an oral surgeon, periodontist or anybody are having a higher rate of complications is to, the only way that comes to the public forefront is if patients register complaints with the State Dental Board. And, then there is some kind of investigation, some remedy to be taken in that way.

We cannot really do anything about that.

If patients are unhappy with the way they are treated, they have to take it up with the State Dental Board. And, we believe the way surgeons provide surgical care is the standard to which the care should be provided.

And, so if a generalist, is going to do surgery, then he should do it as well as an oral surgeon. And, if he does then he is entitled to do all of the oral surgery that he wants to do.

But, he needs to represent himself properly to his patients and that is really our only issue.

If Dr. Hendrickson decides he is going to comply with the statute, that he needs to be truthful in his advertising, and if he puts up his advertising that says performed by a general dentist, then we are done with our campaign.

Then, we just go back doing what we are doing, because he is entitled to do what he wants.


Have you ever filed a complaint with the DOPL, regarding his advertising?


No response (from DOPL)


But, you have file complaints with the Board?




OK, and you have received no response from the Board?




Do you know of other Board Members of your group who have filed complaints with the Board?


The complaints have been filed on behalf of the Utah Association of Oral and Maxillofacial Surgeons. And, so specially, I have not filed any complaints but other members of our specialty have and the President of the society has been overseeing that effort. And, by his account DOPL (Department of Professional Licensing) says look we have too much going on and we are aware of it and nothing has happened. And, this has been going on for years now.


I saw that Dr. Jason Chandler of the UAOMS (Utah Association of Oral and Maxillofacial Surgeons) testified at the last Utah Dental Board meeting. And, he raised some of these issues. And, the Board Executive Director said if there were specific complaints that they should bring them directly to the division in that the Dental Board which acts usually as a jury does not get involved in the specific details of the cases. But, if there are complaints she recommended that the UAOMS that they should file complaints with the division and that they would be investigated. That if they were not being investigated, then the Division director should be contacted and the point be made that they are not being investigated. Do you know if there has been any follow-up?


You know, I don’t know that.

I am not on the State Dental board and I interact with Dr. Chandler and his partner who is on the Board. I interact with them somewhat. But, this is something we decided to do and be done locally.

And, again, we are not out to make anything happen other than compliance with the Utah Dental Practice Act.


There are some people who would argue that, they would say that if you don’t with the enforcement mechanism of the DOPL, that your complaint should really be with the State of Utah rather than going to your own public awareness campaign?


I would agree with that.

But, if you don’t get response from the state, you see that a harm is being done, and patients not being treated properly, then at some point you feel like you have your own professional obligation to ..the public’s best interest kicks in.

You have to say something.


I went to the DOPL website and actually looked at whether Dr. Hendrickson has had any disciplinary action against his license and there is nothing there. Do you know of any patient complaints are in the mix? Or, have there been any malpractice judgments against him?


I don’t have that information.


Let me play Devil’s Advocate for a minute, because people in your community are going to say this and dentists are going to say this as well.

They are going to say this is a “TURF WAR.” And, I have characterized this as a “TURF WAR” in my first post.

You have some very highly educated oral surgeons and they are going against another highly educated general dentist who extracts teeth and he does it at a reduced fee and oral surgeons don’t like it.

Oral surgeons don’t like the fact that he is stealing business away from them.

What do you say?


 Well, I would just emphasize that this is not about revenue. It is about ethical behavior as a professional, representing yourself properly to the public.

He can do whatever he wants.

And, charge whatever he wants.

But, he needs to represent himself truthfully to the public.

And, that is our main complaint.

I, personally believe, if you are a good surgeon, if you take good care of your patients and charge a fair fee, you will stay busy. I have found this to be true   throughout my whole career.

If someone wants to save some money going to their general dentist to take out their wisdom teeth, then that is there choice.

And, in our view there is some risk to that. Which I think you would agree.

But, this is not about a “TURF WAR.”

Now, if he was doing what he was doing and not advertising at all, and this was all word of mouth, then I think we have less of an issue with it. But, he is very, very aggressive and prominent in the advertising. And, so that kind of puts him in the limelight.

And, makes us more interested to make sure people know what they are doing when they go to see him.

In my next post, I will wrap up my interview with Dr. Nicholls.We will discuss the Federal Trade Commission.

Then, I will look forward to Dr. Hendrickson’s response – keeping in mind that his wife is due to deliver twins at any time.

Below is the Trooth.Com billboard found along I-15 in Utah:

 billboard 600 Trooth.Com   The Billboard