Antitrust charges against a board must be more than conclusory statements
A licensee charging that a board violated antitrust law may not simply allege that "the parties agreed," said the U.S. [...]
Antitrust
State action immunity could get boost from SCOTUS nominee
D.C. circuit judge Merrick Garland, if he’s eventually sworn in to the U.S. Supreme Court, could be a key [...]
California AG opinion – How boards can fend off immunity issues
The U.S. Supreme Court's February 2015 ruling in North Carolina State Board of Dental Examiners v. Federal Trade Commission [...]
Federal court broadens professionals’ specialty advertising
Restriction of specialties in Texas to those recognized by the America Dental Association is unconstitutional, a federal [...]
Rule limiting LED lamp-positioning to dentists is held constitutional
In a July 17 opinion, a split panel of the Second Circuit Court of Appeals used the relatively lenient "rational basis" test [...]
Traditional licensing: Storm clouds ahead?
The traditional appointed-board model for regulating the professions has been a fixture of state government for well over a [...]
Safety cited in Alabama ruling against non-dentist teeth-whitening
Teeth-whitening services should be limited to dentists only, the Alabama Supreme Court agreed in a June 5 ruling, upholding [...]
Alternative health providers push for fewer licensees on boards
Since the February Supreme Court antitrust ruling that disallowed a North Carolina dentist board from issuing cease and [...]
Alabama balks at Supreme Court’s teeth-whitening decision
On June 5th, the Alabama Supreme Court ruled that only licensed dentists are allowed to provide teeth-whitening services, [...]
Teledoc sues board over telemedicine curbs
Restraint of trade is a big legal theme in professional regulation this year. Two months after a Supreme Court’s [...]