Parker immunizes state regulatory action. Private parties and non-sovereign entities must show a clearly articulated state policy and, where non-sovereign actors control a regulatory body, active state supervision.
North Carolina Dental tightened the supervision requirement.
Alternative Names:
Parker Immunity|State Action Doctrine
Why it Matters?
North Carolina Dental Board established that a regulatory body controlled by active market participants requires active state supervision, which stripped immunity from many professional licensing boards whose members are practitioners in the regulated field. Structural reforms adding non-participant members or genuine state review are the response, and boards that made no changes remain exposed.
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What did North Carolina Dental change?
What is the structural response?
