The Senate on Thursday passed SB 80 that creates a regulatory oversight process within the Legislative Reference Service. The bill now heads to the House for consideration.
This legislation seeks to provide active state oversight of various rules and actions taken by state licensing boards as a result of a Supreme Court ruling against the North Carolina Dental Board. In that case, the Court ruled that regulatory actions taken by boards comprised of a majority of active market participants must be reviewed and, if necessary, vetoed by a state oversight entity. The case centered around the North Carolina Dental Board overreaching the confines of its law and attempting to regulate teeth whitening. North Carolina law did not specifically grant the board that authority.
The HBAA worked closely with the Alabama Association of Regulatory Boards, the Alabama Medical Association, Alabama Board of Medical Examiners and others to craft language to cover the boards when they submit rules and board actions, including actions against unlicensed contractors. Failure to address this issue would have stripped state immunity from members of various boards and commissions and opened them up to individual legal action.