Category Archives: Newspaper Archive

Sunshine Meets Psychology Contest

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 16.

Submit your favorite quote, comment or idea from psychological science that relates to the importance of freedom of information and open communication for the benefit of individuals, groups or societies.

A $100 gift certificate or a donation to your favorite charity will be awarded to the winner, plus our eternal gratitude.

Send your ideas to psychologytimes@drjulienelson.com

by May 20. The contest is open to everyone.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Medical Bd Cancels Public Hearings

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 3.

The state medical board cancelled two public hearings scheduled for February 26 and said they would reschedule them at some undetermined time in the future. On February 11 the board canceled the public hearing for changes to the Unprofessional Conduct Rules and on February 23 they canceled the hearing for Telemedicine Rules. In both cases the board said it is considering additional changes, and that is the reason the cancelations.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

National Sunshine Week Celebrated

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 3.

Sunshine Week is the national initiative to promote the ideals and importance of open government and freedom of information. The Associated Press and the American Society of News Editors distributed an array of resources to newspapers, to be used to highlight the theme of Sunshine Week.

Participants from newspapers, civic groups, libraries, schools, and others from all over the country, come together to point out the public’s right to know.

The American Society of News Editors works to encourage individuals and communities to increase their awareness about the need for and benefit of an increasingly open and accountable government.

To celebrate these ideals we’ve selected cartoons by Joel Pett (this page) and Jesse Springer (page 16) and included excerpts from the “model” proclamation that the New Editors developed for communities.

In honor of Sunshine Week we are holding a contest, the “Sunshine meets Psychology Contest,” to point out the most psychologically relevant ideas having to do with freedom of information. See page 16 for details. The best quote, comment or idea linking psychological science and FIOA will be awarded a prize.

Sunshine Week is brought to you by the John S. and James L. Knight Foundation, Bloomberg, The Gridiron Club and Foundation, American Society of News Editors, and the Reporters Committee for Freedom of the Press.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

APA Settlement Memo Goes Out to Members

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 4.

The American Psychological Association (APA) has entered into a compromise settlement on fees collected from members for political purposes. Notices were mailed on March 13 alerting members who had paid a Practice Assessment, that they could apply for a payment from the settlement. The Friday notices were sent from the APA Assessment Fee Settlement Administrator to those who paid as assessment at any time since 2001. The settlement amount is $9.2 million.

According to the documents, plaintiffs in these lawsuits alleged that APA and APA Practice Organization (APAPO) engaged in unfair practices when they represented on dues statements that payment of an annual “practice assessment” (or “special assessment”) was required for membership in APA, even though payment of the practice assessment was only required for membership in APAPO.

Documents said that APA and APAPO deny the allegations that they engaged in unfair practices or any unlawful or improper conduct.

The documents state that the reason for the settlement is: “The Court did not decide in favor of the Plaintiffs or the Defendants. Although the Plaintiffs think they may have won if the case went to trial, the Defendants disagree and do not believe they did anything wrong. The Parties negotiated this proposed Settlement after lengthy briefing and argument on Defendants’ motion to dismiss. The Court granted Defendants’ motion to dismiss, but the Plaintiffs’ appealed, and the appellate court affirmed in part and reversed in part the trial court’s decision. Thereafter, Plaintiff filed a consolidated amended complaint. If a settlement were not reached, it would have taken a long time to get to trial, as the Parties would still have to brief and argue Plaintiffs’ motion to certify the case to proceed as a class action on behalf of a nationwide class of APA members, motions for summary judgment, and other legal issues. Further, it is uncertain whether Plaintiffs would ultimately be successful on those motions, or at trial. For their part, Defendants deny the claims but decided that it was in their best interest to resolve the Litigation so as to avoid the expense, inconvenience, and interference with business operations that continuing the Litigation would entail. Instead of going to trial, both sides agreed to settle. Ending the dispute now allows all parties to return their full attention to their mission- focused or clinical work.”

“Three lawsuits were filed against the APA and APAPO and are pending in the United States District Court for the District of Columbia.” Also according to documents, “Each case was pleaded as a class action and sought monetary damages, restitution, attorneys’ fees, punitive damages, and injunctive relief.”

Those who paid the assessment may file a claim until October 12, 2015 or do noting. See additional information at https://www.practiceassessmentsettlement.c om


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Times Denied Immediate Examination of Policies & Procedures Manual at LSBEP

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 4.

On March 19 the publisher of the Times, J. Nelson, visited the Louisiana Board of Examiners of Psychologists and asked to examine public documents. The right to examine public documents is provided for to all citizens over the age of 18.

Nelson was greeted by the Executive Director, Ms. Kelley Parker, who reviewed Nelson’s request to examine five items. These were: 1) board’s internal policies and procedures for conducting investigations of psychologists; 2) board’s job descriptions for staff, including paid investigators, and also any documents setting out the policies and procedures for hiring of staff; 3) the resumes and job applications for the current executive director and investigators; 4) the policy and procedures for hiring consulting attorneys, the resumes of current contract attorneys; and 5) a copy of Mr. Lunceford’s 2009 memo listed in the minutes of May 8, 2009, concerning the effects of Act 251 on the operators of board.

Parker stated to Nelson that it was Parker’s right to consult with legal counsel and after some discussion about the five different items, Parker left the lobby saying she would call the board’s attorney to review the request.

Parker returned approximately 15 minutes later with a written response. The response acknowledged Nelson’s request and “I am invoking our right to have your request and responsive documents reviewed by legal counsel prior to disclosure.” And, that a response would be provided on March 31.

Nelson asked if all the items needed to be reviewed and Parker said she was invoking the right on all the items. However, Parker said that there were no documents on hiring, item number four. After a brief discussion, Nelson left.

On March 25, Parker emailed Nelson, saying that she was updating Nelson on the status of the March 19 request, and that due to the office schedule and staffing issues, she would be unable to fulfill the request by March 31. She anticipated that the documents would be available on April 2. Nelson asked if she (Nelson) would come into the office on Monday the 30th and examine documents but Parker said the documents would not be available until April 2.

Public Records law allows citizens to examine public documents, except in cases established by law. If any record contains material which is not a public record, the custodian may separate the nonpublic record and make the public record available for examination. It is not clear what confidential material would be kept in the policies and procedures manuals.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Governor Jindal Announces Plan to Get Common Core Out of Louisiana

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 4.

In a March 18 press release, Governor Jinal introduced a plan to remove Common Core from Louisiana, saying that he will replace it with high-quality Louisiana standards, “… while ensuring that Board of Elementary and Secondary Education (BES) contracts, Memorandums of Understanding (MOUs), and Cooperative Endeavor Agreemens (CEAs) do not hand over control of Louisiana schools to third-party entities or the federal government. Governor Jindal said, “This legislation will help us get Common Core out of Louisiana once and for all. We will not accept this one- sized- fits-all approach to our children’s education. The package of legislation will make clear that the federal government or third parties do not have control over Louisiana’s schools, …”


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

APA Revises to “Health Service Psychologist” Model for Accreditation

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 7.

In February the American Psychological Association (APA) Council of Representatives approved a major change from its current training standards moving to a new model for “Health Service Psychology.” While a final vote is still to come, sources note that the change is assured. The new guidelines will restructure the training of clinical psychologists toward a new primary-care and prevention health model.

The revision, “Standards of Accreditation for Health Service Psychology,” notes “… ‘health service psychology’ is defined as the integration of psychological science and practice in order to facilitate human development and functioning. Health service psychology includes the generation and provision of knowledge and practices that encompass a wide range of professional activities relevant to health promotion, prevention, consultation, assessment, and treatment for psychological and other health-related disorders.”

The new model is to be used for APA accreditation, and replace the previous standards. Proposed regulations will open to public comment during late spring and summer 2015, according to a report from APA.

Authors of the new standards write, “Health service psychology includes several practice areas in which an accredited program may focus, including the areas of clinical psychology, counseling psychology, school psychology, combinations of these areas, and other developed practice areas.” The program recognizes the importance of cultural and individual differences and diversity in the training of psychologists.

Discipline-­‐Specific Knowledge and Profession-­‐Wide Competencies include research, ethical and legal standards, individual and cultural diversity, professional values, attitudes, and behaviors; communication and interpersonal skills; assessment; intervention; and supervision. Accredited programs with a site visit scheduled in 2016 will be reviewed under the older guidelines and program with a site visit in 2017 will be reviewed under the new Standards of Accreditation.

The authors note that the change is “…providing greater clarity to the public and enhanced opportunities for innovation in health service psychology education and training.”

Standards of Accreditation for Health Service Psychology will serve as a guiding document for health service psychology training programs seeking initial or continued accreditation, notes APA. The document is available on the APA website at http://www.apa.org/ed/accreditation/about/policies/standard s-of-accreditation.pdf


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Tulane’s Dr. Lockman Co-Chairs for Prestigious Society for Research in Child Development

Article archive / April 1, 2015

Originally published: . Volume 6, No. 4. Source pages: 11.

Tulane’s Dr. Jeffrey Lockman co-chaired the biennial conference of the national Society for Research in Child Development, held March 19 –21 in Philadelphia, Pennsylvania.

Tulane’s researchers and scientists presented numerous studies, and Tulane’s Dr. Oscar Barbarin was honored with the award for Distinguished Contributions to Understanding International, Cultural and Contextual Diversity in Child Development by the Society.

In Lockman’s welcome address, he and co- chair, Catherine Tamis-LeMonda, noted that they designed the invited program to span, “ developmental domains and levels, including epigenetics, brain processes and development, children of war, ethnic and racial identity, gender development, …” and many others. And, they included new formats to facilitate dialogue where presenters and members follow-up the session with discussion. Also, Lockman said they included “Sessions that address the public face of science –– including research media collaboration and ‘taking science to the streets.’”

Among this year’s activities, Dr. Oscar Barbarin chaired the Invited Address, “Ethnic-Racial Identity Across Space and Time: Considerations for Future Research and Intervention.”

Included in Tulane’s researchers was Stephanie Aaron and Dr. Courtney Baker, with “The Role of Parental Involvement and Peer-Mediation on the Effectiveness of Early Interventions for Children with Autism.”

“Better Understanding Associations of Social Cognitions, Distress, and Leadership with Aggression for High Risk Urban Youth,” was presented by Stephen Leff, Dr. Baker, and Tracy Evian Waasdorp.

“Social Learning in Early Manual Skill Development,” was offerend by Tulane’s Jennifer Erin Maldarelli, Claire Burns, Bjoern Kahrs, and Dr. Jeffrey Lockman.

Nicholas Fears, Kahrs, and Lockman also presented “Visual Efficiency in Handwriting.”

“Preschoolers’ Core Number Abilities Predict Emerging Math Competence; A Latent Profile Approach,” was presented by Tulane Assistant Professor Dr. Sarah Gray and Robert A Reeve.

“Planning and End-State Comfort when Grasping Baby Bottles,” was presented by Wendy Jung, Bjoern Kahrs, Brittany DeVries, Madeleine Schwartz, and Dr. Lockman.

“Strategies for Orienting Objects during Hand-to-Mouth Transport in Infants,” was presented by Ashley Smith, Bjoern Kahrs, and Dr. Lockman.

“Culture influences action understanding in infancy: A comparative study of action prediction in Chinese and Swedish infants,” is a work presented by Dorota Green, Qi Li, Jeffrey Lockman, and Gustaf Gredebäck.

“How children learn to open containers,” was presented by Lana Karasik, David Comalli, Lok Yu Gladys Yu Gladys Chan, Danielle Kellier, Catherine Tamis-Lemonda, Jeffrey Lockman, Sneha Radhakrishnan, and Karen Adolph.

“Predictive validity of the BESS universal screener: Does student sex matter?” was presented by Elizabeth McIntyre, Paulette Carter, and Tulane Psychology Chair, Dr. Stacy Overstreet.

Katie Simon, Shereen Naser, Paulette Carter, and Dr. Overstreet presented, “What can the BESS universal screener tell us about positive student behavior?

“Universal screening in schools: Worth the time and effort,” was presented by Jorge Vallery Verlenden

Recovery of EEG Alpha Rhythm Power Following Foster Care Intervention in Previously Institutionalized Children,” was presented by Ross E Vanderwert, Charles Zeanah, Nathan A Fox, Charles Nelson.

“Bucharest Early Intervention Project: The Case for Policies Providing High Quality Foster Care for Abandoned Children,” was presented by Kathryn Humphreys, Charles Zeanah, Charles A. Nelson, and Nathan Fox.

“Psychopathology at 12 Years of Age in the Bucharest Early Intervention Project,” was presented by Dr. Charles Zeanah.

“Preschoolers’ Empathy-Related Responding to Distress in Social Partners,” was presented by Hung-Chu Lin, Associate Professor at University of Louisiana, Lafayette, and Philip Richard, Michelle Grisham, Rebecca Tacke, and Jacob Amrose.

“Use of the First Year Inventory (FYI) with Children at High- Risk for Autism Spectrum Disorders,” included researchers Dr. Sarah Thomas, Juhi Pandey, Jennifer Maldarelli, Chad Chappell, Lauren Turner Brown, Annette Mercer Estes, Lonnie Zwaigenbaum, Robert Schultz, Grace Baranek, and Joseph Piven.

Jeffrey Lockman chaired the Paper Symposium on “Cultural Action Understanding and Development.”


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Never Say Never: IO Returns to LSU

Article archive / March 1, 2015

Originally published: . Volume 6, No. 3. Source pages: 1, 10.

After a two-year shutdown, the Louisiana State University Psychology Department plans on restarting its Industrial- Organizational Psychology Program.

According to Search Committee Chair, Dr. Janet McDonald, the department is currently interviewing for two Industrial-Organizational Psychology faculty positions one at the associate professor level and one at the assistant professor level. The Times spoke with Dr. McDonald last month who said that the reinstating of the program was a decision supported by the department and the university.

According to the university job information, the tenured Associate Professor will direct the Industrial-Organization Ph.D. program and guide its future growth in collaboration with the Department Chair, Dr. Jason Hicks. The ideal candidate will have a highly visible research program. The Assistant Professor will include graduate and undergraduate teaching and a strong line of research.

Dr. Courtland Chaney, I-O psychologist and retired professor from the LSU, is helping with the search. “In the 1970s and 1980s the industrial-organizational (I-O) psychology program at LSU was well-established and successful in its use of a scientist–practitioner model, preparing graduates for both university and business careers,” Chaney explained to the Times.

In a memo to the department Chaney recommended that the I-O program include the “three historically relevant areas of ‘industrial,’ ‘organizational,’ and ‘social’ psychology,” and noted areas such as job analysis, test validation, job performance measurement and prediction for industrial, and areas such as individual, interpersonal, group behavior and organization development for organizational.

He also noted that he saw some overlap with present department strengths to be beneficial. “New I-O faculty potentially could work with school faculty on topics such as teacher evaluation procedures, teacher morale, school safety and violence mitigation, impact of school privatization, and other efforts at improving school management. I-O faculty also could work with cognitive faculty in researching decision-making processes among business and government leaders under different circumstances (e.g., strategic planning, making decisions during crises or under duress). […]”

In 2013 the Times reported the end of the LSU IO program. At that time the Chair Dr. Bob Mathews said that due to resources the program was “Gone for good.”

The LSU Industrial-Organizational Psychology Program was one of the oldest, continuously running I-O programs in the US, with a long, distinguished legacy. It marked its 60th anniversary in 2012, beginning in 1952 with Dr. Bernard Bass, an early expert in I-O who gained national acclaim for his work in transformational leadership. The combination of Dr. Larry Siegel and Dr. Irv Lane, both who served as Chair, marked for many a profound influence through the 60s, 70s, and 80s. Greg Dobbins and Dirk Steiner took the reins into the next decade, and to a program led by Dr. Tracey Rizzuto and Dr. Russell Matthews until 2013.

Dr. Matthews is now at Bowling Green State University and Director of the Institute for Psychological Research and Application.

Dr. Rizzuto is currently Associate Director of the Human Resource & Leadership Development program with the School of Human Resource Education & Workforce in the LSU College of Human Sciences & Education. She is the Mary Ethel Baxter Lipscomb Memorial Endowed Professor.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Red River Institute Hosts Dr. Patch Adams for Spring Conference

Article archive / March 1, 2015

Originally published: . Volume 6, No. 3. Source pages: 14.

April 24-25 in Shreveport Red River Institute Hosts Dr. Patch Adams for Spring Conference

The Red River Institute will host Dr. Patch Adams at its 2015 Spring Conference, to be held April 24 and 25 in Shreveport. The theme for the conference is “Healing the World, One Relationship at a Time. The location is the First Methodist Church on 500 Common Street in Shreveport.

The program notes, “Patch Adams, internationally recognized activist, speaker, and author, is best known for the way he has brought healing to the world by ‘clowning’ his way into the hearts of his patients. Patch is the founder of The Gesundheit Institute, a non- profit healthcare organization that offers holistic medical care based on the belief that one cannot separate the health of the individual from the health of the family, the community, the society, and the world. The mission of the Gesundheit Institute is to reframe and reclaim the concept of ‘hospital’.”

The theme “focuses on human connectedness as a healing tool fundamental to all contemporary healing disciplines, medical and nonmedical.” Presentations will address the politics, ethics, and practice in using the human relationship systems as a necessary element in healing, note the organizers.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

DHH Postpones Closure of New Orleans Adolescent Hospital

Article archive / March 1, 2015

Originally published: . Volume 6, No. 3. Source pages: 4.

DHH Tries Again to Develop Rules for Treatment Facilities, Some Providers

The Department of Health and Hospitals, Bureau of Health Services Financing, is trying again to develop the new Rules covering the licensing standards for substance abuse/addiction treatment facilities, and mental health clinics, and behavioral health service providers, to comply with Act 308, according to a Notice published in the February Louisiana Register.

The newest effort includes 42 pages of information after last year’s effort resulting in extensive comments from the public. So, the Department abandoned the Notice of Intent published in the March 20, 2014 edition of the Louisiana Register. The department now proposes to promulgate a revised Notice of Intent, pages 439 to 480 in the February Register.

A public hearing on this proposed Rule is scheduled for Tuesday, March 31, 2015 at 9:30 a.m. in Room 118, Bienville Building, 628 North Fourth Street, Baton Rouge, LA. At that time all interested persons will be given a chance to submit data, views or arguments either orally or in writing, wrote Secretary Kathy Kliebert. Written comments are due by 4:30 on the next business day following the public meeting.

The proposed Rules Include substance abuse/addiction treatment facilities; mental health clinics; and any other entity that meets the definition of a BHS provider. Licensed substance abuse/addiction treatment facilities and mental health clinics have one year from the date of promulgation of the final Rule to comply with all of the provisions herein.

Those exempt from the licensure requirements for “Behaviorial Health Service” providers include certain hospitals (licensed under certain conditios as described in the Rule) and similarily certain crisis receiving centers, nursing homes, psychiatric residential treatment facilities and therapeutic group homes, facilities or services operated by the federal government; federally qualified health care centers; community mental health centers, and others.

Also exemptions include any individual licensed mental health professional (LMHP), whether incorporated or unincorporated, or a group practice of LMHPs, providing services under the auspices of and pursuant to the scope of the individual’s license or group’s licenses, among others.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Southwestern Psychological Association April 10 to 12

Article archive / March 1, 2015

Originally published: . Volume 6, No. 3. Source pages: 15.

Wichita, KS Southwestern Psychological Association April 10 to 12

The Southwestern Psychological Association (SWPA) will hold its Annual Conference at the Hyatt Regency in Wichita Kansas. from April 10 to 12, Friday to Sunday. The theme of this year’s conference is “Myths Meet Science.”

The Louisiana representative for SWPA is Dr. Kilian Garvey, Assistant Professor in the School of Behavioral & Social Sciences at the University of Louisiana at Monroe.

According to the program, one of the keynote speakers is APA Distinguished Scientist Lecturer Norbert Schwarz, Provost Professor in the Department of Psychology and Marshall School of Business University of Southern California. He will speak on “The Challenge of Debunking Myths: When Weird Ideas Feel True.”

Schwarz will discuss, how from “politics to the market place and work place, people often endorse beliefs that lack factual support. Worse, misinformation is notoriously difficult to correct and correction efforts may even backfire.”

In most cases, he says, “people rely on a subset of five criteria in evaluating truth: Is it compatible with other things I believe? Is it internally consistent? Does it tell a plausible story? Does it come from a credible source? Are there many supporting arguments?”

Other presenters include the Saul Sells Lecturer, Regan Gurung, Professor, University of Wisconsin – Green Bay from the Society for the Teaching of Psychology Master Teacher. His talk is, “Wearing Our Personalities? Examining Clothing Myths, Impression Formation, & Objectification.”

Other highlights include a Forensics Psychology Lecture that will be presented by Dr. Heather Berlin, Assistant Professor of Psychiatry and Neuroscience at Mount Sinai School of Medicine, titled, “The Neuroscience of Free Will: Legal Implications.”

Dr. Travis Langley, Professor of Psychology at Henderson State University will discuss, “The Filter of Fiction: How Batman, Buffy, Breaking Bad, and More Teach Real Psychology.” Langley (Batman and Psychology: A Dark and Stormy Knight) explores “how the filter of fiction lets us face the best and worst events in life.”


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Corrections and Clarifications

Article archive / March 1, 2015

Originally published: . Volume 6, No. 3. Source pages: 4.

Corrections &Clarifications

Dr. Billy Seay pointed out to us that he was not the first Director of the LSU Honors College, he was one of the Directors. However, we got it right when we reported that he was the first Dean of the LSU Honor College. We corrected the item in later editions and are sorry for any confusion.

In discussions with readers, the publisher came to the conclusion that the base rate for disciplinary actions is much lower than estimated in last month’s editorial. Since it is the “situation” and not the psychologist (one error does not define an entire person). Therefore, the correct calculation would use “contacts with public” not the single psychologist in the denominator. The base rate then is (even more) astronomically low and the case stronger.

Please send corrections to the Times at psychologytimes@drjulienelson.com


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Openings for Participants in Hyperbaric Oxygen Therapy Study

Article archive / March 1, 2015

Originally published: . Volume 6, No. 3. Source pages: 15.

Openings for Participants in Hyperbaric Oxygen Therapy Study Mild Traumatic Brain Injury (TBI) or Persistent Post-Concussion Syndrome

Any person who has persistent symptoms from one or more concussions that have occurred within the last six months to ten years is eligible.

Referring practitioners and individuals wanting to participate can contact the research coordinator at 504-427-5632 for more information.


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.

Supreme Courts Backs FTC In Case of NC Dental Board

Article archive / March 1, 2015

Originally published: . Volume 6, No. 3. Source pages: 6.

The U.S. Supreme Court ruled that a North Carolina Dental Board violated competition laws by attempting to block non-dentists from performing teeth-whitening services. The dental board argued it was exempt from antitrust laws because it is a state actor, and its duty was to regulate the practice of dentistry in the state.

The justices ruled 6-3 and sided with the Federal Trade Commission (FTC) when they decided that the North Carolina state board, dominated by dentists, excluded non-dentists from the business of teeth-whitening. The case was brought by the FTC. A federal appeals court agreed that the board had acted as a group of private practitioners, rather than as a state agency.

Justice Kennedy, writing for the majority opinion, said that state boards that are composed of those actively engaged in the market can run the risk of self interest. He said, “If a state wants to rely on active market participants as regulators, it must provide active supervision," and does not have the same immunity from antitrust law as states enjoy.

Justice Samuel Alito supported the board’s position. He and judges Antonin Scalia and Clarence Thomas said that the dental board was simply administering the proper licensing requirements.

"As a result of today's decision, states may find it necessary to change the composition of medical, dental and other boards, but it is not clear what sort of changes are needed to satisfy the test that the court now adopts," Alito wrote.

"Is this party, this board of all dentists, is there a danger that it's acting to further its own interests rather than the governmental interests of the state?" Justice Elena Kagan asked. "And that seems almost self–evidently to be true."


This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.