Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC staff comments on Kentucky legislative proposal regulating denture providers, (Mar 28, 2016)

By Linda O’Brien, J.D., LL.M.

The staff of the FTC’s Office of Policy Planning and Bureaus of Economics and Competition recommends that the Kentucky legislature consider the potential competitive benefits of Kentucky House Bill 77 (HB 77)—a legislative proposal that would license and regulate denture providers within Kentucky— in a comment provided on March 25 to the Kentucky General Assembly.

Denturists are trained to make and fit removable partial and full dentures. Currently, Kentucky patients in need of dentures must obtain them through a licensed dentist. A non-dentist may make dentures only upon a written work order from a licensed dentist and only by using models made from impressions taken by a licensed dentist. Additionally, the fitting and adjusting of dentures is reserved to licensed dentists.

The staff comment notes the FTC’s appreciation of the role of state legislators in balancing of policy priorities when defining the appropriate scope of practice for health care professionals. However, an unnecessarily broad scope of practice restrictions could impose significant competitive costs on health care consumers and other payors. Therefore, the comment recommends that the legislature consider the potential benefits of enhanced competition among denture providers that could be facilitated by HB 77 and maintain “only those scope of practice limitations necessary to ensure patient health and safety.”

Generally, competition in health care markets benefits consumers by containing costs, expanding access and choice, and promoting innovation, according to the comment. Conversely, unnecessarily strict scope of practice restrictions can suppress these important benefits by limiting the supply of qualified care providers. They also can inhibit the development of new, collaborative models of care that rely on a continuum of providers to efficiently provide quality care. Additional competition among qualified providers of dentures could help to alleviate the barriers of access and cost to oral health care that are a particular challenge in Kentucky. For those reasons, the legislature should consider whether patient welfare can be appropriately promoted by allowing denturists to treat patients in need of dentures, the comment states.

“Competition among oral health care professionals has the potential to benefit consumers by improving access to care, containing costs, and encouraging the development of more effective care delivery models,” the comment states. “If denturists can provide safe, quality care to patients, allowing them to practice at a level commensurate with their training may bring benefits to Kentuckians in the form of increased access to care, more choice in how their care is delivered, and more cost-effective treatment.”

Because the benefits of competition could be significant to Kentucky residents who need dentures, the staff comment concludes that the legislature should “carefully consider whether denturists can appropriately provide dentures, consistent with patient health and safety.”

News: Antitrust FederalTradeCommissionNews