Implications of US Supreme Court's North Carolina Dental Board Decision for Certifying Organization
Track: Business of Certification
In North Carolina State Board of Dental Examiners v. Federal Trade Commission, the US Supreme Court established a new standard for determining whether a state licensing board is entitled to immunity from antitrust actions. In light of the decision, many state legislatures and governors are reassessing the structures of their licensing board governance and operations to determine whether and what changes should be made to reduce the risk of antitrust claims. While the case involved state licensing activities, the holdings will have significant impact on the governance and operations of certification and accreditation organizations. What actions might certification and accreditation organizations take to guard against antitrust liability for their organizations and their board members?
At this session, the Supreme Court decision will be explained in plain English. The speaker will describe how credentialing and accreditation organizations could be impacted, summarize how state legislatures and attorneys general have reacted, and offer suggestions that credentialing and accreditation organizations might take to limit antitrust liability.