Lawrence Abram Benson, D.D.S. v. Arizona State Board of Dental Examiners

Appellants, twenty-five dentists licensed to practice in states other than Arizona, appeal from the dismissal of their lawsuit challenging features of the statutory system through which Arizona regulates the practice of dentistry. Their suit focused principally on the distinction the Arizona scheme draws between “licenses” to practice dentistry, which are granted only to those who pass the state’s dentistry examination, and “restricted permits,” for which that examination is not a prerequisite. Holders of restricted permits are allowed to practice dentistry, but only as unsalaried employees of charitable dental clinics. Appellants, who hold restricted permits, contend that this system violates federal and state antitrust laws, unconstitutionally burdens the right of interstate travel, and infringes their rights to due process and equal protection. For the reasons set out below, we conclude that the federal antitrust claims are barred by the state action antitrust exemption, and that appellants’ constitutional claims are without merit. Accordingly, we affirm the judgment of the district court.

BACKGROUND

Arizona allows persons to practice dentistry if they secure either a license…