Dentist in Chardon Hygienist Schools

State agencies such as rules review Commission’s or other disinterested state officials and of course not every action of a regulatory board will need to be actively supervised only those that potentially raise any trust issues and as the last resort states can opt to identify to indemnify individual board members in the event that antitrust damages are imposed on them and in a real sense the North-Carolina Dental case did not have to happen the board could have proceeded against none dentist teeth whiteners by seeking injunctions from the courts rather than issuing cease and desist orders directly to those parties if the board had chosen that path it would have been shielded from antitrust liability-under the nor Pennington doctrine eternally.

The board could have-promulgated a rule defining the practise of dentistry to include teeth whitening under North Carolina law that rule would have been subject to review w and approval by the Rules Review Commission which could very well have constituted sufficient supervision under the state action doctrine thus the board was subject to antitrust scrutiny because it opted to bypass its statutorily provided powers in favor of coercive measures that were not authorized by state law, in any case, the Supreme Court in.

North-Carolina Dental reiterated Dentist in Chardon its view that active supervision is a flexible test and it is a test that the court has now imposed on financially interested boards states can do a lot to meddle with the free market and under our federal system that is their choice to make however states need to be politically accountable for whatever market distortions they impose on consumers now another potential implication of the North Carolina dental decision is there-evaluation of the excessive state licensing regimes that have developed over the years as the states take a step back to reconsider the composition and oversight of their story boards I would commend them also to take a very hard look at the occupational licensing regimes to see if they are on balance helping or harming consumers as is well documented there been tremendous growth in such licencing over the past several decades as of at least , occupations were licensed in at least one state-including florist’s interior designers tour guides.