ND HCR3026

The U.S. Supreme Court's February 2015 decision in "North Carolina State Board of Dental Examiners v. FTC" requires state regulatory boards with market participant majorities to receive active state supervision to maintain antitrust law immunity.

North Dakota's dozens of occupational and professional licensing boards are majority-composed of market participants, potentially exposing them to antitrust liability.

The Federal Trade Commission issued guidance in October 2015 establishing the level of state supervision required for regulatory boards to receive antitrust immunity.

Multiple states have enacted executive and legislative measures to reduce antitrust law exposure for their regulatory boards.

Legislative Management is directed to study North Dakota's occupational and professional licensing board membership and state supervision requirements, and report findings and recommendations to the Sixty-sixth Legislative Assembly.