North Carolina Dental Case

The Supreme Court’s 2015 decision in N.C. State Board of Dental Examiners v. Federal Trade Commission (“NC Dental Board“) now requires that licensee-controlled State Boards be “actively supervised” by a neutral state entity in order to enjoy immunity from federal antitrust law.

The Supreme Court’s ruling has left state regulators with questions concerning the extent of the decision’s application to Boards of Accountancy. In order to assist State Boards in understanding those potential applications, NASBA is providing the following white paper, which offers an overview of the pro-competitive aspects of accountancy regulation, the history of state licensing board immunity, the effects of the Supreme Court’s decision in the North Carolina case, and implications for State Boards of Accountancy going forward.

The paper is also intended to be an evergreen document that may be updated as future litigation and state and federal guidance provide greater clarity on this topic. Additional material can be found using the links below.

> North Carolina Dental Case Decision: Implications for State Boards of Accountancy

Federal Antitrust and State Action Immunity – June 1, 2016 and Subsequently Updated on April 17, 2017

North Carolina Dental Case Decision Webinar – December 10, 2015

Other Supporting Documents

• Alabama Executive Order Number 7
• Allen Alerts Boards on Dental Case’s Ruling
• California Attorney General Opinion No. 15-402
• Center For Public Interest Law
• Citizen Advocacy Center
• Court Rules Against Dental Board
• Delaware Executive Department
• Delaware – Gov. Markell Article – Washington Post 6/2/16
• FARBs Model for Identifying and Addressing Antitrust Issues
• Florida Attorney General Letter to Legislature
• Florida Attorney General PowerPoint
• FTC’s Final Order over NC Dental Board
• FTC Staff Guidance on Active State Supervision of State Regulatory Boards Controlled by Market Participants
• Idaho Attorney General Opinion No. 16-01
• Legislative Alert: U.S. Supreme Court Issues Decision in Antitrust Case Involving State Licensing Board
• Massachusetts Executive Order No. 567
• Massachusetts Memo to Division of Professional Licensure
• NASBA Helps OK Interpret Decision
• Oklahoma Attorney General Opinion
• Oklahoma Governor Executive Order
• Nebraska Advisory Letter to the Nebraska Board of Accountancy
• Newsletter from the North Carolina Bar Association – This article first appeared in the newsletter of the North Carolina Bar Association’s Antitrust & Complex Business Dispute Section.
• U.S. Supreme Court Opinion in NC Dental Board Case
• Multi-Org Statement on House Judiciary Occupational Licensing Hearing