Should we just get rid of all licensing/education requirments ?

The U.S. Supreme Court announced that it will consider the extent to which state licensure boards are subject to federal antitrust laws. In the case, North Carolina State Board of Dental Examiners v. Federal Trade Commission (FTC), the Fourth Circuit U.S. Court of Appeals ruled that decisions of the North Carolina Board of Dental Examiners related to unauthorized and unlawful practice are subject to federal antitrust law.  The dental board had sent cease-and-desist letters to non-dentist teeth-whitening providers, finding that they engaged in unauthorized practice of dentistry. The FTC issued an administrative complaint against the dental board, charging it with violating federal antitrust law by excluding non-dentist teeth whiteners from the market.

If affirmed, the appeals court’s decision could potentially strip various state licensing boards of their authority to regulate and protect the public from unlawful practice. In a petition filed in November 2013, the AVMA joined the American Dental Association, American Medical Association and several other organizations in urging the Supreme Court to consider the case on the grounds that the public is best served when state regulatory boards are free to make decisions on public health issues without fear of second-guessing under federal antitrust laws. By Adrian Hochstadt, JD, AVMA State Legislative and Regulatory Affairs

This seems to be another example of the Feds are interfering with state issues and the states are interfering with Federal issues.

At least the NC Dental Board is trying to enforce its practice act… three years ago.. there was a situation with a RPH/PIC and a drug chain/PBM where the RPH was scheduled for 14 hrs.. practice act has a limit of 12 hrs… Had filled/verified 300+ by 2 PM.. and one tech down.. practice act states that more than 150/shift is DANGEROUS.. and the non-pharmacist …front end manager interfered with the RPH practicing pharmacy.. it has been reported that the investigator from the NC BOP .. NEVER talked to any of the Rx dept staff.. just talked to the RPH/PIC, non-pharmacist store manager and Pharmacist DM.  Imagine, the whole decision by the BOP was from two from corporate management and the RPH/PIC. Of course, the non-pharmacist store manager .. the BOP won’t have any authority over the this employee.. so the NC BOP conclusion.. all involved.. the RPH, RPH/DM and permit holder.. got a WARNING LETTER.. and it is believed that the chain went back to business as usual.

 

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