OKLAHOMA CITY (AP) - An executive order by Oklahoma Gov. Mary Fallin grants the state attorney general’s office more authority over state boards that regulate some industries.
The order is an attempt to stave off potential antitrust lawsuits, The Oklahoman (https://bit.ly/1VvxyCK ) reported.
Under the new order, state boards that consist mostly of members of the professions they regulate are required to submit “all proposed licensure or prohibition actions” to the attorney general for review and written analysis regarding potential legal violations.
Examples of boards that would be required to submit to the review process include the Oklahoma Board of Dentistry. Board members who reject the attorney general’s advice would be subject to removal for misconduct, according to the order, which was issued Friday.
The attorney general’s office already provides legal counsel to most state boards and commissions. But the order will formalize the process of reviewing board actions that could have anti-competitive ramifications.
Earlier this month, Attorney General Scott Pruitt wrote a letter to the governor warning that numerous Oklahoma boards and commissions were at increased risk of being sued because they were mostly composed of members of the professions they regulate.
Pruitt said his concerns were prompted by a recent U.S. Supreme Court ruling in a case involving a North Carolina state dental board. That board, which had six dentists among its eight members, was sued after it sent cease-and-desist letters to non-dentists who were offering teeth whitening services at lower prices than dentists.
The court ruled that state licensing boards controlled by people who work in the markets they regulate aren’t immune from federal antitrust liability unless they’re subject to active state supervision.
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Information from: The Oklahoman, https://www.newsok.com
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