Daily Report Blog

The AOA has joined seven fellow health care associations in filing an amici curia brief in support of the North Carolina State Board of Dental Examiners (NCBDE) in a case against the Federal Trade Commission (FTC).  In the underlying case, the FTC challenged regulations of the NCBDE regarding who was authorized to provide teeth whitening services as anticompetitive and violations of antitrust law.  The larger issue concerns the authority of state licensing boards (including allopathic and osteopathic medical boards) to regulate the scope of practice.  In the brief, the AOA, along with the American Dental Association, the American Veterinary Medical Association, the Federation of State Medical Boards and other organizations argue that:  (1) the FTC does not have jurisdiction under the Federal Trade Commission Act to challenge actions of a state medical board; and (2) state regulatory agencies like the NCBDE are protected from prosecution under the antitrust laws because they are state agencies.  ​