Physicians groups knock NC court ruling

Physician leaders warned that a recent ruling by the 4th U.S. Circuit Court of Appeals could prove a significant impediment to state licensing boards’ ability to regulate the practice of medicine, amednews.com reported. The court ruled that a North Carolina dental board exceeded its authority when it attempted to stop nondentists from providing teeth-whitening services. In siding with the Federal Trade Commission, judges said the board is not shielded from antitrust scrutiny because it is not actively supervised by the state and its members are private market participants.

The decision could discourage physicians from serving on state boards and inhibit board members from making difficult regulatory decisions for fear of federal scrutiny, legal experts said. The opinion also could lead to legislative rules that impose more state oversight over licensing boards, physicians and attorneys said. Although the court’s ruling focuses on the actions of a dental board, the same issues easily could play out with state medical licensing boards, said Ray E. Stowers, DO, president of the American Osteopathic Association (AOA). The AOA joined the American Medical Association’s brief in support of the dental board.

Source: American Medical Association