Oral arguments begin in patient safety case before U.S. Supreme Court

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The nation’s highest court Tuesday will hear arguments in a case that will decide whether the Federal Trade Commission (FTC) can second-guess the work of state medical licensure boards.

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The Supreme Court of the United States is hearing oral arguments in North Carolina State Board of Dental Examiners v. FTC, a case previously decided by a federal appeals court that ruled in favor of the FTC’s claim that state licensure boards should be subject to federal antitrust laws. The decision of the appeals court could effectively limit the ability of these boards to regulate their health care professions and shield patients from unlawful practices.

The AMA and other health care organizations filed an amicus brief expressing support for the plaintiffs in this case, stating fear that if the court ruled for the FTC, it would have a chilling effect on state medical and dental boards to the detriment of public health.

In June, physicians at the open forum of the Litigation Center of the AMA and State Medical Societies heard both sides of the case argued in a mock court session. 

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