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AMA welcomes high court review of federal infringement on states' powers

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"The American Medical Association (AMA) is grateful that the U.S. Supreme Court has agreed to re-evaluate a case in which the federal government is interfering with the ability of state regulatory boards to protect public health and safety.

"The decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission (FTC) allows a federal agency with no particular knowledge of medicine or dentistry, to strip authority away from experts who are charged by a state legislature to shield patients from unlawful practice.

"In support of well-founded legal principles, the Litigation Center of the AMA and State Medical Societies joined forces with several other groups to file a friend-of-the-court briefPDF FIle asking the High Court to hear the case. The AMA argues that the decisions of state regulatory boards meet exemption criteria from federal antitrust challenges under the 'state action doctrine' created by the U.S. Supreme Court.

"State regulatory boards acting to fulfill the directives of state law should be free to make decisions on public health issues without fear of second-guessing under the federal antitrust laws."

Statement attributed to:
Ardis Dee Hoven, M.D.
President, American Medical Association


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