NASBA Helps OK Interpret Decision

State Board Report

September 2015

The meaning of the Supreme Court’s decision in N.C. State Board of Dental Examiners v. Federal Trade Commission (see SBR 3/15) is being interpreted by state officials throughout the country. The Oklahoma Board of Accountancy requested information from NASBA on how Governor Mary C. Fallin’s recently issued executive order relates to that decision.

President Ken Bishop wrote to Governor Fallin: "Under the terms of the FTC’s Order against the N.C. Dental Board and the Supreme Court’s decision upholding the FTC’s Order, states and their licensee-controlled state boards should concentrate their antitrust risk management efforts on specific actions. Their focus should be limited to certain board enforcement actions which are not taken pursuant to clearly-articulated state policy. Further, they should focus on board enforcement actions presenting a possible injury to competition, as opposed to just an injury to an individual competitor or potential competitor."

He explained: "Supervision is not needed for routine operations such as licensure decisions, license renewals, or licensee enforcement. Rather, supervision should focus on board conduct that could be deemed anticompetitive under federal antitrust laws."

NASBA Legal Counsel Noel L. Allen will be discussing the impact of the NC Dental Board case as well as other recent major legal decisions at the NASBA Annual Meeting.