The traditional appointed-board model for regulating the professions has been a fixture of state government for well over a century. But new models of delivering services, plus a pro-competition climate at the state and federal level, may be threatening the classic regulatory structure.
The February 25 U.S. Supreme Court ruling in North Carolina Board of Dental Examiners v. Federal Trade Commission surprised many in requiring that board members who are "market participants" have clear state supervision in making decisions affecting competitors. Board members who are members of the profession being regulated can't have state . . .
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