CLEAR-CAC recorded webinar: State Responses to the US Supreme Court Decision in NC Board of Dental Examiners v. FTC

  • 06 Apr 2100
  • Virtual - view recording at your desktop - unlimited playback


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In North Carolina State Board of Dental Examiners v. Federal Trade Commission (the so-called teeth whitening case), the U.S. Supreme Court established a new standard for determining whether a state licensing board is entitled to immunity from antitrust actions. In 2016, CLEAR and CAC presented a joint webinar explaining that decision and speculated about what remedies states might choose to make procedural changes in their operating processes to better assure immunity from antitrust liability.

Now, in 2017, a number of states have taken a variety of legislative and executive actions to change the way their occupational and professional licensing boards operate in order to comply with the decision in that case. At this session the same two presenters who explained the decision a year ago will report on the way many states have decided to amend the decision-making processes their boards utilize. Some states have done this by further empowering their state attorney general; some by executive order giving the governor more oversight authority; some by giving more oversight authority to the legislature. The approaches taken by the several states are varied, and there does not seem to be a single model followed by all. The speakers will report on what the states have done or are in the process of doing and will offer their views on the potential benefits and problems presented by the various models.


David Swankin, Esq., President and CEO, Citizen Advocacy Center (CAC)
Steven Fellman, Attorney, GKG Law, P.C.
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