Dental Cartel Looking To Lock Down New Business

Yesterday, the Supreme Court ruled (6:3) in North Carolina State Board of Dental Examiners v. FTC that the attempt of the state board of dental examiners to exclude nondentists from the practice of teeth whitening violated the Sherman antitrust act. The opinion, written by Justice Kennedy, is especially lucid. Here, from Kennedy, are the key facts:

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Guest Blogger Associate Professor Ann Marie Marciarille: Teeth-Whitening at the Supreme Court: "Well, that is how the Wall Street Journal described the March 3, 2014 grant of certiorari in North Carolina Board of Dental Examiners vs. Federal Trade Commission, anyway.

Complaining about barber licensing is fun, but the real damage of bad occupational licensing policies is done in the health and education sectors. Here via Adam Ozimek is a study from Morris M. Kleiner and Kyoung Won Park about the economic rents dentists receive in states where dental hygienists aren’t allowed to clean teeth without supervision:

An Ottawa dentist who glued two human teeth into a patient’s mouth has been prohibited from practising dentistry by the Ontario Superior Court. The Royal College of Dental Surgeons of Ontario sought the injunction after Khaled Emile Hashem continued to see patients even though his certificate to practise was revoked by the college in June. Superior Court Judge Sandra Chapnik issued the order Wednesday prohibiting Hashem from using the terms dentist, dental surgeon or doctor, identifying himself as a qualified dentist or providing any sort of dental treatment.

A dentist in midtown Toronto is trying to lure new patients with an attractive come-on: professional teeth whitening for $39.99, “a $400 value.” One in Vancouver goes a step further, providing whitening for free as an introductory offer. It is the kind of salesmanship more common in retailing than health care, but some analysts predict it will become increasingly prevalent among dentists, as one of Canada’s most financially secure professions appears headed for a new era of tough competition.

Ann Marie Marciarille: PrawfsBlawg: Just Open Your Mouth Wide and Say: "Dental Therapist": Pediatric dental services are included in the essential health benefits standard of the Affordable Care Act… individual and small-group plans sold in the exchanges and outside the exchanges [must] offer pediatric dental services, as of January of 2014…. And dental services already are part of the benefit package for children who are enrolled in Medicaid.