The bi-partisan bill still allows for enforcement of anti-trust laws by federal and private entities and sets certain standards for licensing boards if they are to be immune from damages. These standards include:

• Operate under a state law that requires an occupational license for the occupation regulated by the board, specifies the qualifications for the license, and requires that professional and ethical standards be met;
• Have all members of the board appointed by the state’s chief executive officer, the legislature, or other designated elected state officer;
• Include members of the public who are not market participants in the regulated profession; and Provide mechanisms allowing people aggrieved by the board to contest its actions.

In 2015, in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the U.S. Supreme Court ruled that the North Carolina Dental Board was not entitled to "state action" immunity from antitrust laws because its actions were not actively supervised by the state. The FPMB believes that the Occupational Licensing Board Antitrust Damages Relief Act of 2020 creates a balance between enforcing anti-competitive activities and licensing boards' uncertainty over potential personal liability arising from public service.

The additional organizations that signed the letter are:

• American Institute of CPAs
• American Physical Therapy Association
• American Psychological Association
• American Veterinary Medical Association
• Association of State and Provincial Psychology Boards
• Council of Landscape Architectural Registration Boards
• Federation of State Boards of Physical Therapy
• Federation of State Medical Boards
• National Association of State Boards of Accountancy
• National Athletic Trainers' Association Board of Certification, Inc.
• National Board for Certification in Occupational Therapy, Inc.

S. 3598 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, S. 3598 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.

S. 3598 was introduced on October 11, 2018 and has been referred to the Senate Committee on the Judiciary.

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.

Robert "Rob" G. Levine, 70, of Louisville, passed away on Thursday, June 8, 2017. He graduated from the Pennsylvania College of Podiatric Medicine in 1972. He began his private practice in Louisville, Kentucky.

Dr. Levine was a past-president of the Federation of Podiatric Medical Boards, the Kentucky State Board of Podiatry and the Kentucky Podiatric Medical Association. He received the Kentucky Podiatrist of the Year Award in 2008. He was recognized for his clinical instructor, preceptor and lecturer work with surgical residents. He was also generous with his time and wisdom serving in many community positions.

In recognition of Dr. Levine’s commitment to surgical residents, the Federation of Podiatric Medical Boards (FPMB) has made a memorial contribution to the American Podiatric Medical Association Educational Foundation’s Student Scholarship Fund. The FPMB sent also sent a Certificate of Appreciation plaque to his wife, Sharon Levine, in grateful appreciation of his five years of outstanding leadership and dedication.

Current FPMB president, Jay LeBow, DPM, stated, "Rob Levine was an energetic and lifelong supporter of the Podiatric profession, which he loved dearly. His contributions to the FPMB were sizable and included increasing and modernizing our services while strengthening our relationships in podiatry. It was a privilege to have had the opportunity to work with him to promote Podiatric Medicine and the mission of the FPMB, and will miss his contributions and guidance. We send our sincerest condolences to his wife, Sharon, and his family. May his memory be a source of comfort and strength during this difficult time."

FPMB executive director, Russ Stoner, shared, "I count myself blessed to have had Dr. Levine as president of the FPMB. In addition to his strong leadership, he was a very warm and positive person. I left every conversation with him with clear direction and a smile on my face."