H.R. 6515 eliminates fiscal antitrust damage liability for state licensing boards-including state medical boards- their members, and staff who are acting within their statutory mandate to protect the public. Currently, board members and staff are exposed to personal liability and treble damages for actions taken as part of their service on a board. The lack of protection has had a chilling effect on the willingness of some individuals to serve on boards, causing some board members to resign for fear of personal financial liability.

State licensing boards provide an invaluable service to the state,” said Rep. Conaway. “Individuals who serve on these boards should enjoy the same legal protections for working on behalf of the state as all other state officials do. Having served on the Texas State Board of Accountancy myself, I understand that serving on a licensing board is performing an important public service. This legislation ensures that members of state licensing boards will continue to serve the state without fear of personal liability.”

In 2015, the U.S. Supreme Court issued a decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission that has left state professional and occupational licensing boards, their staff members, and the taxpayers in a state of fiscal uncertainty and vulnerability.

Before the Supreme Court’s 6-3 ruling in NC Dental, state licensing boards were considered actors of the state and were not subject to liability under federal antitrust laws, so long as their actions were taken in accordance with state policy. However, the NC Dental case ruled that state licensing boards comprised of “active market participants,” can be considered private organizations and thus are subject to antitrust liability if they are not actively supervised by the state.

In an effort to further the conversation surrounding occupational licensing reform, H.R. 6515 requires a GAO report and recommendations to states on the following: the use of cost-benefit analyses in sunrise and sunset reviews, evaluating occupational licensing against less restrictive alternatives including certifications, how states can support license portability, particularly for veterans and military service members and spouses, and the impact of occupational licensing on low-income workers, the unemployed, immigrants with work authorizations, and individuals with criminal records.

H.R. 6515 was introduced on July 25, 2018 and has been referred to the House Judiciary Committee and the House Committee on Education and the Workforce.

The FPMB surveyed the webinar attendees and received the following responses regarding their key takeaways from the meeting:

• It was great to see what other boards are doing.
• I was very interested in the discussion regarding Board Immunity, especially the personal account of one of the attendees. It sure was an eye opener as to what can happen. I also appreciated learning more about the interstate license compacts.
• Better communication is needed between state boards.
• The personal experiences of other pods involving litigation scenarios; excellent summaries of the Compacts and new protections being put in place to prevent counter lawsuits against board members.
• Informed the state boards of what the goal and mission is of the FPMB.
• Information on anti-trust and info on interstate licensing.