Abstract
In North Carolina, the Board of Dental Examiners (BDE) decided that teeth whitening constituted the practice of dentistry and tried to prevent dental hygienists and others from providing teeth-whitening services. The Federal Trade Commission asserted that the BDE was violating federal antitrust laws, and the U.S. Supreme Court agreed, ruling that the BDE was not automatically immune from antitrust prosecution solely because it was a state agency created by statute.The Supreme Court's decision exposes boards of nursing (BONs) to increased antitrust scrutiny and raises questions regarding the composition of BONs.
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