Challenge to State Medical Boards

I have been warning physicians, particularly Primary Care of the coming escalation of licensure disputes for several years now.

Another brick has now crumbled. The SCOTUS decision  against the North Carolina Dental Board opens the door at least half open. The case revolved around non-dentists offering teeth whitening in malls and beauty salons, which was challenged by the Dental Board. The Federal Trade Commission (all powerful FTC) sued the State Dental Board using the Sherman Anti-trust Law.

I wrote about the Sherman Act a few years ago (http://www.jvascsurg.org/article/S0741-5214%2802%2975341-X/abstract).

The Board argued it was a 'State' board but SCOTUS pointed out that it was run by Dentists with almost no State intervention and in addition the Act does not allow the State to abandon markets to protectionist action and therefore upheld the FTC.

Naturally, the case was supported by pretty much ALL nursing organizations for obvious reasons and opposed by AMA and medical professionals. 

Comment: I think you will now see NP's, PA's and others ramp up their ability to challenge physicians claims that some NP actions are the 'practice of medicine' and in some case they have a point. The PCP's I think are in for a State by State battle and will lose most fights I am afraid.