The Texas office of the Attorney General weighed in on a motion to dismiss Teladoc’s antitrust suit against the Texas State Medical Board on the grounds that there is, in fact, state supervision of the medical board which would make it a state agency under law and therefore immune to suit. Politico first spotted the news.
In April, Teladoc sued the Texas Medical Board, alleging that a recently passed rule requiring doctors to have an in-person or face-to-face visit with a patient in order to prescribe medication, is in violation of antitrust laws and serves to restrict competition from telemedicine companies. The suit leaned heavily on a recent Supreme Court ruling, North Carolina Board of Dental (NCBD) Examiners vs Federal Trade Commission, which ruled that medical boards comprised of private professionals (like practicing doctors and dentists) are not immune to federal anti-trust laws unless they’re directly overseen by full-time agents of the state. Keep reading>>