Wednesday, June 19, 2013 Ruling jeopardizes authority of state medical boards

The AMA and others in organized medicine are concerned that a decision against a dental board will mean unfair antitrust scrutiny for regulatory agencies.

Alicia Gallegos, June 17, 2013

Physician leaders say a ruling by the 4th U.S. Circuit Court of Appeals could prove a significant impediment to the ability of state licensing boards to regulate the practice of medicine.

On May 31, the court ruled that a North Carolina dental board exceeded its authority when it attempted to stop nondentists from providing teeth-whitening services. In siding with the Federal Trade Commission, judges said the board is not shielded from antitrust scrutiny because it is not actively supervised by the state and its members are private market participants.

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