State Board Shake-Up: Legislative Action in the Wake of North Carolina Board of Dental Examiners v. Federal Trade Commission

Abstract

Argued before the Supreme Court on October 14, 2014, North Carolina State Board of Dental Examiners v. Federal Trade Commission is having an impact across state governments during the 2016 legislative session. In this case, the court looked to whether a state board’s actions are protected from antitrust violations under the doctrine of state action antitrust immunity ( North Carolina State Board of Dental Examiners, 2014 North Carolina State Board of Dental Examiners v. Federal Trade Commission. 2014 Google Scholar ). What the court held has many state lawmakers, boards, and government executives anxious about what this means for their state and its regulatory boards. The Federal Trade Commission’s (FTC) victory could cause a shift in the way states regulate many professions, including nursing. As states begin to interpret the court’s ruling, many are using the legislative process to make fixes they deem necessary to bring their state into compliance. Others, such as Oklahoma and Alabama, have executive orders in place. So far, many of the proposed changes would alter the composition or decision-making structure of state boards of nursing (BONs).