ADA Issues Statement On North Carolina Dental Board Case.

Following coverage by a number of national newspapers yesterday, Noodls (10/16) carries a statement released by the ADA addressing the case currently before the Supreme Court in which the FTC has alleged the North Carolina State Board of Dental Examiners violated antitrust laws in deciding that only licensed dentists could perform teeth whitening procedures. The ADA statement read in part, “If allowed to stand, the Fourth Circuit decision in support of the FTC would likely have serious, negative consequences for the operations of professional boards throughout the country. If the FTC is permitted to encroach on matters that have traditionally been left to the states, professional boards will be unwilling to take actions that they would otherwise deem appropriate, and might even find it difficult to find professionals willing to serve as board members. The Supreme Court has consistently held that the antitrust laws do not apply to actions taken by a state agency, and the ADA is confident that the court will confirm that the activities of professional boards should fall within this state action doctrine.”

Noting that the ADA filed briefs in support of the Dental Examiners Board in December 2013, Dr Bicuspid (10/16) offers continuing coverage of the story.