News & Analysis as of

Dentists State Action Doctrine

Tucker Arensberg, P.C.

TELADOC Sues Texas Over Telehealth Restraint

Tucker Arensberg, P.C. on

The Texas Medical Board recently adopted a new rule requiring face to face encounters by physicians with patients before prescribing medication. Teladoc has sued the Texas Medical Board in Federal Court alleging restraint of...more

Baker Donelson

Open Season on Provider-controlled Licensing Boards

Baker Donelson on

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

BakerHostetler

FTC: Dentists Not Shielded From Teeth-Whitening Competition

BakerHostetler on

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners (Board) failed to convince the U.S. Court of Appeals for the Fourth...more

Mintz

Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes

Mintz on

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth...more

BakerHostetler

NC Dentists Can’t Stop Competition from Other Providers of Teeth-Whitening Services

BakerHostetler on

The North Carolina State Board of Dental Examiners (“Board”) failed to convince the United States Court of Appeals for the Fourth Circuit that the Board’s successful effort to “expel non-dentist providers from the North...more

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