• Email this page
  • Print this page
  • Send print to PDF

Dental Board case before U.S. Supreme Court has implications beyond teeth whitening

Attorney Jay Levine was quoted in an Oct. 29 article for HealthLeaders Media that explored a case before the U.S. Supreme Court where the justices are being asked to decide if a state regulatory board is exempt from federal antitrust laws (under the state action doctrine) if its members are "market participants" elected by other market participants. The case involves an eight-member North Carolina Board of Dental Examiners, which includes six dentists elected by other dentists, that had been the subject of a complaint by the Federal Trade Commission in 2010 for violations of the FTC Act after the board banned non-dentists operating in mall kiosks from performing discount teeth-whitening procedures.

"If the FTC wins and this board is considered a private actor and you'll always need state supervision for such boards, then obviously a lot of regulatory boards that are made up of practitioners of that industry, doctors, lawyers, etc., will need to have active supervision" Levine said in the article.