Dental examiners address cases where state agencies, such as the Kansas Board of Accountancy or the Kansas Dental Board, may be subject to antitrust lawsuits. The main issue in the case concerns how we determine when state bodies should be immune from such lawsuits. The U.S. Supreme Court ultimately ruled that state boards must be actively supervised to receive immunity, which is a difficult standard to meet and a standard that few state boards currently meet. With this overview in mind, we can discuss the details of the case. Dental Examiners Overview Before discussing the U.S. Supreme Court opinion in Dental Examiners, an overview of the facts and issues of the case will likely be helpful. Dental Examiners concerns a lawsuit filed by the Federal Trade Commission against the North Carolina Dental Board. The Dental Board stopped teeth whitening services in the state performed by non-dentists, and the FTC found their actions violated antitrust law. Dental examiners set the stage for the U.S. Supreme Court to consider whether state boards are immune from antitrust lawsuits and when that immunity applies. Dental facts
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