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South Carolina Board of Dentistry Settles Charges That it Restrained Competition in the Provision of Preventive Care by Dental Hygienists

FTC Complaint Alleged Conduct Limited Needy Children’s Access to Care

The Federal Trade Commission today announced a consent order settling charges brought in September 2003 that the South Carolina State Board of Dentistry unlawfully restrained competition in violation of Section 5 of the FTC Act by adopting a rule that required a dentist to examine every child before a dental hygienist could provide preventive care – such as cleanings – in schools. The Board adopted the rule in 2001, after the South Carolina legislature had eliminated a statutory requirement that a dentist examine each child before a hygienist could perform preventive dental care in schools.

The Board is a state regulatory agency, composed primarily of practicing dentists, that licenses and regulates dentist and dental hygienists. The FTC alleged that the Board’s anticompetitive conduct led to fewer children receiving preventive dental care in schools – particularly economically disadvantaged children. As a result of legislation enacted by the South Carolina legislature in 2003, the Board no longer requires a dentist to examine each child before a hygienist’s exam in a public health setting. The consent order requires the Board to publicly announce its support for the current state policy – that hygienists can provide such care in public health settings without a dentist’s examination – and to notify the Commission before adopting rules or taking other actions related to preventive dental services provided by dental hygienists in public health settings.

For the full article please vist www.ftc.gov.

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