Supreme Court Ruling Could Affect Arizona Regulatory Boards

Published: Monday, March 16, 2015 - 9:20am

A recent decision by the United States Supreme Court could affect state regulatory boards across the country, including Arizona.

The Supreme Court ruled in favor of the Federal Trade Commission last month, saying the North Carolina Dental Board was stopping non-dentists from offering cheaper teeth-whitening services for financial reasons.

Antitrust law experts say this could mean state boards, typically made up of practitioners in the industry, will be open to antitrust lawsuits.

The Arizona-based Goldwater Institute has already taken on the Arizona Board of Cosmetology over a similar issue on behalf of a Gilbert salon owner.

The Arizona Capitol Times reports that Arizona will have to reconsider how to operate state licensing boards in the wake of the Supreme Court decision.

The Supreme Court ruling also maintained that a licensing board with members in the industry could be shielded from complaints if it's actively supervised by the state

Most licensing and regulatory boards are established by the Arizona Legislature, though they act independently of lawmakers.

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