CLEAR-CAC recorded webinar: Alternative Approaches for Complying with the U.S. Supreme Court’s Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission

  • 06 Apr 2100
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States are beginning to consider enacting new laws, policies, rules and procedures to bring their professional and occupational licensing boards into compliance with the U.S. Supreme Court’s holdings in North Carolina State Board of Dental Examiners v. Federal Trade Commission if they want to retain immunity from anti-trust actions. There are two routes to retaining this immunity. First, they could change the composition of their boards so they no longer are controlled by a majority of “active market participants.” Second, they could provide for active supervision of board decisions or actions that have anti-trust implications. Various possible approaches for achieving one or both of these ends are explored during two 90-minute webinars offered by CLEAR and the Citizen Advocacy Center (CAC).

In part 1, the Supreme Court decision will be explained, and the speakers will explore three ways states might change licensing board composition so that the board is not controlled by active market participants. Speakers are Steven John Fellman, GKG Law, P.C. and David Swankin, President/CEO, Citizen Advocacy Center (CAC).

In part 2, speakers will discuss four ways states could create or empower a supervisory authority with the ability to meet the four standards set forth by the Supreme Court: (1) The supervisor must have the power to reverse or modify a proposed board action; (2) The “mere potential” for supervision is not an adequate substitute for active supervision; (3) When a state supervisor reviews a decision/action of a licensing board, he/she must review the substance of the decision, not just the procedures followed to reach that decision/action; and (4) The state supervisor must not him/herself be an active market participant. Speakers are Jared Haines, Assistant Solicitor General, Oklahoma and Brian Tobias, Senior Policy Analyst, Office of Policy, Research and Regulatory Reform, Colorado Department of Regulatory Agencies.

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