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High Court and new regulatory guidance presents opportunity to examine licensing boards

When the U.S. Supreme Court ruled in February that the North Carolina State Board of Dental Examiners lacked the authority to regulate teeth-whitening businesses, experts observed that the decision might have impact far beyond the world of dentistry.

Licensing boards regulate hundreds of occupations across the country, everything from medicine and law to bee-keeping and fortune telling. Often the boards are comprised of members of the profession they are regulating. And as in the North Carolina case, there are times when these regulatory bodies run afoul of federal antitrust laws intended to ensure consumer choice and greater access to services.

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