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01/20/2017 Chet Evans, MS, DPM
Podiatric Medical Board Volunteers Nationwide NOT Immune to Lawsuit
An Open Letter to the Podiatric Profession RE: United States’ Supreme Court’s opinion in North Carolina Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015) The profession must be made aware that the above recent 2015 decision by the United States Supreme Court, exposes those of us who volunteer to serve their state on their professional boards, to significant personal liability, including the potential for assessment of treble damages in the event of a successful antitrust action against the board and its members. And in the case of most states, the risk management divisions will not provide coverage for defense costs, damages or attorney’s fee awards in the event that a board and its members are sued for an alleged antitrust violation. This decision affects NOT just podiatric medical boards nationwide, but ALL professional boards.
Many states have begun to take action to resolve this issue. Florida has apparently adopted a “wait and see” attitude, there has been no progress to date to alleviate this issue with the health boards, and in fact, there have been resignations from a number of them. In the estimation of the entire Board of Podiatric Medicine, no sensible person would or should continue to volunteer to conduct business on behalf of the State when exposed to the potential to lose everything they own, having to pay to defend themselves (even if the action may be frivolous) and then pay treble damages in the event an alleged anti-trust action is won against them. Multiple letters to the governor’s office requesting a workable resolution, copied to the Department of Health in addition to other direct queries, have gone unanswered. Should there continue to be silence, the Florida Board of Podiatric Medicine has made the decision to resign in its entirety at the conclusion of its next scheduled meeting February 3, 2017.
I thank you for your kind attention.
Chet Evans, MS, DPM, Chair, Florida Board of Podiatric Medicine
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