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Dental Examiners Case Study

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Dental Examiners is likely to have a significant impact on both antitrust law and on state governments. State boards covered under Dental Examiners may face antirust liability in the future, and there remains a lot of uncertainty about what boards are covered under Dental Examiners. First, we will need to walk through what impact Dental Examiners will have, and what legal requirements it sets out. Second, we will need to examine what Kansas Boards will likely be effected under Dental Examiners. Third, we need to review what approaches other states have taken to address Dental Examiners. Finally, we need to examine what possible approaches the State can take to address Dental Examiners.
Impact of Dental Examiners Reviews of the Dental Examiners …show more content…

As previously mentioned, the Court did not provide much in the way of specifics for what supervision means, but they did provide some guidance. The Court first noted that supervision is flexible and context-dependent. Supervision does not need to be day to day, but instead must provide a “realistic assurance” that board policy promotes state policy, and not the individual interests of the board members. One major key is that supervision must go behind a review of procedure, and instead must be a review of the substance of the policy. This review must include both the power to veto or modify the particular decisions of the boards. The reviewer must also not be an active market participation in the particular market being regulated. One common dispute in past active supervision cases was whether supervision was active or not. Courts have held that the “mere potential” for review is not sufficient, instead review must be active, and governments must be able to demonstrate that a reviewer is actually using the power to review decisions. So these principles serve as a guide for what type of supervision systems may be acceptable to the courts to satisfy the Parker test for …show more content…

For example, the State Board of Technical Professions regulates a variety of professions including engineering, architecture, and landscape. While, the board has members involved in all of those professions, no single profession represents a majority of the board. So while four members of the board are engineers, they make up only a portion of the thirteen members on the board. So this type of combined board is likely not problematic under Dental Examiners. Similarly, the Board of Adult Care Home Administrators have a requirement that a majority of the board cannot be adult care home administrators, and so boards without a majority are also not cover under Dental Examiners. On that same note, boards such as the State Corporation Commission, which do not require members to have a particular professional qualification, also are not covered. Another set of boards that are exempt are those with only advisory power such as the Speech-Language Pathology and Audiology Board. Finally, boards that do not limit trade or competition are also likely not in the purview of Dental Examiners such as the Kansas Animal Health Board. So with those exceptions in mind, thirteen boards appear to meet all the requirements to fall under Dental

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