Chap. 311.—An ACT to define dentistry, to regulate the practice of the same,
and to provide penalties for the violation of the provisions of this act,
and to repeal an act entitled an act to define dentistry, to regulate the
practice of same, and to provide penalties for the violation of this act,
approved March 14, 1910. (H. B. 153.)

Approved March 27, 1914.

1. Recognizing that dentistry is a specialty of medicine and
surgery ; therefore, be it enacted by the general assembly of Vrginia:

Sec. 1. (a) That after this act goes into effect any person shall
be said to be practicing dentistry within the meaning of this act
who uses the words “dentist,” “dental surgeon,” the letters,
“D. D. S.,” or other letters or title in connection with his name
which in any way represents him as engaged in the practice of
dentistry, or shall advertise or permit to be advertised by sign, card,
circular, hand bill, newspaper or otherwise, that he can or will
attempt to perform dental operations of any kind; or who shall
diagnose or profess to diagnose, or treat, or profess to treat any of
the diseases or lesions of the oral cavity, teeth, gums, maxillary
bones, or shall extract teeth, or shall prepare or fill cavities in
human teeth, or shall correct malposition of the teeth or jaws, or
shall supply artificial teeth as substitutes for natural teeth, or shall
administer anaesthetics, general or local, or do any practice included
in the curricula of recognized dental colleges; provided, that nothing
in this act shall interfere with the performance of mechanical work
on inanimate objects only, by any person employed in or operating
a dental laboratory, and, provided, that this act shall not prevent
students from performing dental operations under the supervision
of competent instructors within a dental school or college, or the
dental department of a university or college, recognized by the
Virginia State board of dental examiners.

(b) It shall be unlawful for any person to engage in the prac-
tice of this specialty, as either assistant or employee, or to receive a
license from any commissioner of the revenue to practice this spe-
cialty, except he shall have passed the examinations provided for
by. this act, and received the certificates hereinfor provided, and
any person practicing this specialty in this State, without having
passed the examinations and received a certificate, as herein pro-
vided, shall be deemed guilty of a misdemeanor, and, upon convic-
tion thereof, shall be fined not less than one hundred dollars ($100),
nor more than two hundred and fifty dollars ($250), for the first
offense, and for the second offense a fine of not less than five hundred
dollars ($500), or imprisonment of from three to twelve months in
jail, or both, in the discretion of the court. Nor shall such person re-
ceive any compensation for services rendered by him; provided,
that nothing contained in this section shall prevent any licensed
physican or surgeon or other person from extracting teeth for any-
one suffering from toothache.

Sec. 2. Creation of State board of dental examiners; board of

examiners; their appointment and terms.—The board of examiners |

shall consist of six practitioners of dentistry of acknowledged
ability in the profession, to be appointed by the governor. This
board shall continue to be divided into three classes of two members
each, one of which classes shall go out of office each succeeding
year, and the governor shall annually appoint the successors of each
class as it goes out, for the term of three years. He shall make the
appointment in each case from four persons, who shall be nominated
by the Virginia State dental association, and reside in different sec-
tions of the State. All vacancies for unexpired terms shall be filled
by the governor on nominations made by the board of examiners.
If no nominations be made by the said board of examiners or as-
sociation, the. governor shall appoint such persons as he may deem
fit.
Sec. 8. (a) Duties and powers of board.—Said board shall
choose a president and secretary, and it shall meet at least once in
each year, or oftener if necessary, in the discretion of the board,
and at such times and places as it may deem proper. A majority of
members of said board shall, at all times, constitute a quorum for
the transaction of the business of the board, and the proceedings
thereof shall, at all reasonable times, be open to public inspection.

(b) Said board shall have full power to make by-laws and
nevessary regulations for the proper*fulfillment of their duties under
this act.

(c) Examination of applicants.—The said board shall grant a
certificate of ability to practice dentistry to all applicants who
undergo a satisfactory examination and receive at least four affirma-
tive votes. This certificate shall be signed by the members of the
board and be stamped with a suitable seal which they may adopt.

(d) The said board shall keep a book in which shall be regis-
, tered the name and qualifications of every person to whom such
certificate is granted.

(e) The said board shall inquire into the qualifications and
- truthfulness of representations of any applicant for a license to
practice dentistry, and for such purposes shall have power to send
for witnesses, papers and documents, and administer oaths.

; (f) Transcripts from record book, evidence, etc.—The book
. provided for by section three (d) shall be a book of record, and
’. transcripts from it, certified by the officer who has it in keeping,
, eh seal of the board affixed, shall be evidence in any court of this
“ State.

_ Sec. 4. Examinations for licenses.—No person, unless previously
* licensed or registered to practice dentistry in this State at the time
' of this act shall become operative, shall begin the practice of den-
* tistry, or any branch thereof, without first applying for and ob-
', taining a license for such purpose from the Virginia State board
* of dental examiners.

Applications shall be made to the said board in writing, and
~ shall be accompanied by the examination fee of ten dollars ($10).
: The applicant must be of good moral character and twenty-one
| years of age, or over, at the time of making the application. Appli-
“cation from a candidate who desires to procure a license from said
’ board to practice dentistry in this State shall be accompanied by
satisfactory proof that the applicant so applying for license is a
_ graduate of, and has a diploma from, the faculty of a reputable
* dental college, school or dental department of a reputable university
‘ or college, or has been engaged in the actual legal and ethical prac-
* tice of dentistry in some other State or country for five consecutive
* Years just prior to application. Examinations may be made orally
» or in writing, in whole or in part, at the discretion of the board, and
* shall be of such character as to test the qualifications of the applicant
to practice dentistry. The said board shall, within thirty days from
the beginning of the examination, notify each applicant of the
action of the board on his examination.

Sec. 5. Registering licenses.—Any person licensed to practice
dentistry in this State by the Virginia State board of dental ex-
aminers, as hereinbefore provided, shall, within ninety days from
the date of issue, cause such license to be registered in the office
of the clerk of the circuit court of such county or counties, or in the
office ot the clerk of the corporation court of such city or cities in
which such person desires to engage in the practice of dentistry,
provided that should such dentist remove to another county or city
he shall record his certificate in said office of said clerk before be-
ginning the practice of dentistry.

And it is hereby provided, further, that every person who en-
gages in the practice of dentistry in this State shall cause his or
her license to be registered with said clerk, or clerks, before begin-
ning the practice of dentistry in said county or city.

Sec. 6. It shall be the duty of the secretary of the board to
mail to each person whose name appears upon the register of said
board, on or before April first, of each year, a printed blank form
to be filled out by such person, which form shall be returned to the
secretary of the board properly filled out, together with the fee
of one dollar ($1), and shall receive therefor a registration certifi-
cate stamped with the seal of the board. Any commissioner of
revenue who shall, in violation of this section, issue a license to any
person who has not complied with this section by filing such renewal
certificate in his office shall, upon conviction thereof be deemed
guilty of a misdemeanor, and, upon conviction thereof, be fined not
less than twenty dollars ($20), nor more than fifty dollars ($50),
and no license issued by any commissioner of revenue in violation
of this section shall be valid.

Sec. 7. Whenever it shall appear to the Virginia State board of
examiners that any licensed dentist practicing in the State of Vir-
ginia has been guilty of fraud, deceit, or misrepresentation in ob-
taining a license, or of gross immorality, habitual use of intoxicants
or drugs, rendering him unfit for the practice of dentistry; or of
malpractice, gross ignorance, incompetency, or willful negligence in
the practice of dentistry; or of employing unlicensed persons to per-
form work which, under this act, can only be legally done by per-
sons holding a license to practice dentistry in this State, or of com-
mitting any crime involving moral turpitude; or of practicing
deceit or other fraud upon the public or individual patients in ob-
taining, or attempting to obtain practice; or of false advertisement,
publication, or circulation of false claims, or fraudulent misleading
statements of his art, skill or knowledge, or of his methods of treat-
ment or practice, they shall revoke the license of such person.

Sec. 8. An accusation may be filed with the secretary of the
Virginia State board of dental examiners charging any licensed
dentist with the commission of any of the offenses enumerated in
the preceding section. Such accusation shall be in writing, signed
by the accuser, and verified under his oath.

Whenever such accusation is filed, the secretary of the State
board of dental examiners shall set a day for hearing, and shall
transmit to the accused a true copy of all papers filed with him relat-
ing to such accusation, and shall notify the accused that on the day
fixed for hearing he may appear and show cause, if any, why his
license to practice dentistry in the State of Virgiuia should not be
revoked.

And for the purpose of such hearing the State board of dental
examiners is hereby empowered to require the attendance of wit-
nesses, administer oaths, and hear testimony, either oral or docu-
mentary, for and against the accused.

And if, after such hearing of the accused, the State board shall
be satisfied that the accused has been guilty of the offense charged
in the accusation, they shall thereupon, without further notice,
revoke the license of the person so accused.

Sec. 9. The governor, the superintendent of public instruction,
and the secretary of State shall be, and they are hereby consti-
tuted a board of review, with power and authority to review any
and all actions of the board of examiners in revoking or refusing
to revoke any such license; and the determination of the said board
of review upon any and all matters submitted to it shall be final.

Any person who may feel himself aggrieved at the revocation
of his license may have the action of the State board in revoking
the same reviewed by the board of review in the following manner:

The person seeking such review shall file with the secretary of
the board of examiners his affidavit, verified in the manner required
by law, setting forth the fact of the revocation of his license, and
that there has been a miscarriage of justice, or error committed by
the State board, or that the decision of the State board was contrary
to law, or was not supported by the evidence adduced at the hearing.

Sec. 10. Regulating dental corporations.—Any association, or
company of persons, whether incorporated or not, who shall engage
in the practice of dentistry under the name of company, association,
or any other title, shall cause to be displayed and kept in a von-
spicuous place at the entrance of its place of business, the name of
each and every person employed in said company or association in
the practice of dentistry, and every one so employed by said com-
pany or association whose name shall not be so displayed as above
provided, and the said association or company. if incorporated, or
the person comprising the same, if not incorporated, shall, for the
failure to display the aforesaid names, be deemed guilty of a mis-
demeanor, and, upon conviction thereof, each shall be punished by
a fine of not less than one hundred dollars ($100), nor more than
two hundred and fifty dollars ($250) for each offense.

' Any manager, proprietor, partnership, association, or incorpora-
tion, Owning, running, operating, or controlling any roum or roums,
office or dental parlors, where work is done, provided or contracted
for, who shall employ, keep or retain, any unlicensed person or
dentist as an operator; or who shall, within ten days after demand
niade by the secretary of the Virginia State board of dental ex-
aminers, in writing, sent by registered mail, addressed to any such
manager, proprietor, association or incorporation, at said rooms,
office, or dental parlors, to furnish to said secretary the names and
addresses of all persons practicing or assisting in the practice of
dentistry in his place of business, or under his control, together
with a sworn statement showing by what license or authority said
persons are practicing dentistry, shall be guilty of a misdemeanor,
and, upon conviction thereof, subject to penalties provided for in
this act; provided, however, that such sworn statement shall not
be used as evidence in any subsequent court proceedings.

Sec. 11. Every person, or persons or corporation who is the pro-
prietor of, or who controls any dental office or parlors, doing business
in this State, shall promptly report to the State board of dental
examiners the name or names of all registered dentists in his employ,
together with their place of residence, and when said registered
dentists shall leave the employ of such person, persons, or corpora-
tions aforesaid, said facts shall be promptly reported to the State
board of dental examiners.

Any failure to comply with this section shall be deemed a mis-
demeanor and subject to a fine of twenty-five dollars ($25) upon
conviction.

Sec. 12. The secretary of the board of dental examiners shall,
thirty (30) days before the annual meeting of the Virginia State
dental association, file with the president of the said association
an itemized statement of all moneys collected and expended by the
said board, and the said statement shall be laid before the said as-
sociation at the following annual meeting thereof.

Sec. 138. Be it further enacted by the general assembly of Vir-
ginia, that an act approved March fourteenth, nineteen hundred and
ten, entitled an act to define dentistry, to regulate the practice of the
same, and to provide penalties for the violations of the provisions
of this act, be, and the same is, hereby repealed.