ADA Statement: Supreme Court Ruling on N.C. Dental Board v. FTC
March 02, 2015
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CHICAGO — The American Dental Association (ADA) is extremely disappointed with the surprising decision in N.C. Dental Board v. FTC. The organization believes the decision constitutes a dramatic departure from the Supreme Court’s established law, and throws into question the regulatory, licensing, and disciplinary authority of thousands of professional boards across the country. The well-established, 70-year old precedent announced in Parker v. Brown, 317 U.S. 341, should have been applied in the North Carolina case, where the board is unquestionably a state agency created by the sovereign state of North Carolina. The ruling creates a quandary for professional boards across the country, with no explanation as to what level of “active supervision” is necessary to invoke immunity for each board. The ADA will be working with other organizations to provide some kind of guidance for the boards in view of today’s outcome.
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About the ADA
The not-for-profit ADA is the nation's largest dental association, representing 161,000 dentist members. The premier source of oral health information, the ADA has advocated for the public's health and promoted the art and science of dentistry since 1859. The ADA's state-of-the-art research facilities develop and test dental products and materials that have advanced the practice of dentistry and made the patient experience more positive. The ADA Seal of Acceptance long has been a valuable and respected guide to consumer dental care products. The monthly The Journal of the American Dental Association (JADA) is the ADA's flagship publication and the best-read scientific journal in dentistry. For more information about the ADA, visit ADA.org. For more information on oral health, including prevention, care and treatment of dental disease, visit the ADA's consumer website MouthHealthy.org