On the Legal Radar

State Board Report

July 2016

Noel Allen, NASBA outside legal counsel, advised the State Boards that current legal cases related to regulatory authority have made it an "interesting time" for this area of the law. He observed, "There is a titanic battle going on between different parts of the Constitution." Leaving the North Carolina Dental Board case for more in-depth discussion at the Regional Meetings’ breakout sessions, he brought the following cases to the Boards’ attention as noteworthy:

• Cane v. Nevada State Board of Accountancy (D.C. Nev. Feb. 12, 2016) – The Federal district court lacked jurisdiction over the Nevada Board, which had Eleventh Amendment sovereign immunity.
• N.C. Acupuncture Licensing Board v. N.C. Board of Physical Therapy Examiners et al. (N.C. Super. Ct. 2016) – Court concluded that it is not appropriate to stop physical therapists from "dry needling." Additional suit pending in Federal Court challenging Acupuncture Board’s actions under Federal antitrust law.
• Gustafson v. Board of Accountancy (Review denied 358 Ore. 374 – 2015) – Board’s reliance on past disciplinary actions when imposing suspension period was not unfair.
• United States v. Melvin (N.D. Ga. Nov. 10, 2015) – CPA’s violation of a Board of Accountancy code of conduct regarding confidentiality was grounds for conviction for aiding and abetting a scheme to use insider information.
• Osborne v. Tenn. State Bd. of Accountancy (Tenn. Ct. App. Mar. 10, 2015) – CPA revocation not given judicial review because appeal was not filed within 60-day window.
• AICPA v. IRS (D.C. Cir. 2015) – Case is currently under remand to the D.C. district court.