02-26-15 - U.S. Supreme Court Rules in Favor of the FTC in North Carolina Board of Dental Examiners v. FTC

For Immediate Release
February 25, 2015
For more information,
contactMarlene McDowell


Park Ridge, Ill. -- The American Association of Nurse Anesthetists (AANA) is very pleased to hear that the U.S. Supreme Court upheld the decision of the lower court ruling that the North Carolina Board of Dental Examiners illegally thwarted competition by engaging in anticompetitive conduct to prevent non-dentists, including those offering lower prices, from providing teeth whitening services. The AANA and its co-Amici had a strong interest in this case because unnecessary restrictions on the practice of any qualified healthcare provider limit patient access to quality care, may increase cost, and can compromise the quality of healthcare delivery.

“The Supreme Court Decision is consistent with the arguments made by the AANA and its co-Amici who urged the Supreme Court to affirm the appellate court’s decision for a number reasons, including concerns that unsupervised state regulatory boards comprised mostly of practicing professionals have the potential of acting in their own economic self-interest by protecting their competitive position in ways not intended or authorized by the state, thus warranting oversight,” said AANA President Sharon Pearce, CRNA, MSN.
The AANA and its co-Amici believe that requiring active supervision by an independent state agency will provide the necessary assurances that such boards will act in the public’s interest, as opposed to their own private economic interests.
Read the Amicus Brief.