CHAPTER 45

An Act to amend and reenact §§ 54-147, 54-167, and 54-187 of the Code
of Virginia, and to amend the Code of Virginia by adding a section
numbered 54-147.2, the amended and new sections relating to the
practice of dentistry, so as to provide for the employment of certain
qualified persons by dentists to do certain work, not to be defined as
the practice of dentistry.
Be it enacted by the General Assembly of Virginia: oo.

1, That §§ 54-147, 54-167, and 54-187 of the Code of Virginia be
amended and reenacted and that the Code of Virginia be amended by add-
ing a section numbered 54-147.2, as follows:

§ 54-147. Nothing in the preceding section shall prevent:

_(1) A dental assistant or X-ray technician from aiding or assisting
a licensed dentist in making radiograms or X-ray exposures, or from de-
veloping the same, but it shall be unlawful for such assistant to make use
of the X-ray, except as herein provided;

(2) The performance of mechanical work on inanimate objects only,
for licensed dentists, by any person employed in or operating a dental
laboratory in accordance with the provisions of § 54-147.2;

__ (3) Students from performing dental operations, under the super-
vision of competent instructors within a dental school or college or dental
department of a university or college recognized by the Virginia State
Board of Dental Examiners:

(4) A licensed dentist from another state or country from appearing
as a clinician for demonstrating certain methods of technical procedures
before a dental society or organization, convention, or dental college, or
performing his duties in connection with a specific case on which he may
have been called to this State.

§ 54-147.2. (1) Licensed dentists may employ or engage the services
of any person, firm or corporation to construct or repair, extraorally,
prosthetic dentures, bridges, or other replacements for a part of a tooth, a
tooth, or teeth. A person, firm or corporation, so employed or engaged,
when constructing or repairing such dentures, bridges, replacements or
orthodontic appliances, exclusively, directly and solely for licensed mem-
bers of the dental profession, and not for the public or any part thereof,
shall not be deemed or considered to be practicing dentistry as defined in
this act. It shall be unlawful for persons, firms or corporations so em-
ployed or engaged, to advertise in any manner the appliances constructed
or repairs, or the services rendered in the construction, repair or alter-
ation thereof, except, that persons, firms or corporations so employed
may announce in trade journals and professional publications which cir-
culate among members of the dental profession, their names, the locations
or places of their business, their office hours, telephone numbers, and the
fact that they are engaged in the construction, reproduction or repair of
such appliances, together with such display advertisements as disclose the
character and application of their work, and persons, firms or corpora-
tions so employed or engaged may furnish to licensed dentists informa-
tion regarding their products, materials, uses and prices therefor. An-
nouncement may also be made by business card, in business and telephone
directories, but announcements made by business card or in business and
telephone directories shall not contain any amount as a price or fee for the
services rendered, or to be rendered, or for any material or materials used
or to be used, or any picture or other reproduction of a human head, mouth,
denture or specimen of dental work or any other media calling attention of
the public to their business. Announcements in business and telephone dt-
rectories shall be limited to name and address and telephone number and
shall not occupy more than the number of lines necessary to disclose such
information.

(2) Any licensed dentist who employs or engages the services of any
person, firm or corporation not working in a dental office under the direct
supervision of and solely for the licensed dentist who maintains the office,
to construct or repair, extraorally, prosthetic dentures, bridges, or other
replacements for a part of a tooth, a tooth, or teeth, shall furnish such
person, firm or corporation with a written work order on forms prescribed
by the Board which shall contain: (a) the name and address of the person,
firm or corporation to which the work order is directed; (b) the patient's
name or initials or an identification number; (c) the date on which the
work order was written; (d) a description of the work to be done, includ-
ing diagrams if necessary; (e) a specification of the type and quality of
materials to be used; and (f) the signature and address of the dentist.

(3) The person, firm or corporation receiving a work order from a
licensed dentist shall retain the oriyinal work order and the dentist shall
retain a duplicate copy thereof for inspection at any reasonable time by
the Board or its duly authorized agents, for a period of three years in both
cases.

(4) If the person, firm or corporation receiving a written work order
from a licensed dentist engages another person, firm or corporation (here-
inafter referred to as “subcontractor’) to perform some of the services
relative to such work order, he or it shall furnish a written subwork order
with respect thereto on forms prescribed by the Board which shall con-
tain: (a) the name and address of the subcontractor; (b) a number identt-
fying the subwork order with the original work order, which number shall
be endorsed on the work order received from the licensed dentist; (c) the
date on which the subwork order was written; (d) a description of the
work to be done by the subcontractor, including diagrams if necessary;
(e) a specification of the type and quality of materials to be used; and
(f) the signature of the person, firm or corporation issuing the subwork
order. The subcontractor shall retain the subwork order and the issuer
thereof shall retain a duplicate copy, attached to the work order received
from the licensed dentist, for inspection by the Board or its duly author-
ized agents, for a period of three years in both cases.

(5) Any licensed dentist who: (a) employs or engages the services of
any person, firm or corporation to construct or repair, extraorally, pros-
thetic dentures, bridges, or other dental appliances without first providing
such person, firm or corporation with a written work order; or (b) fails
to retain a duplicate copy of the work order for three years; or (c) refuses
to allow the Board or its duly authorized agents, to inspect his files of
work orders shall be deemed guilty of a misdemeanor and the Board may
hl or suspend his license in accordance with the provisions of this
chapter.

(6) Any person, firm or corporation, who: (a) furnishes such serv-
aces to any licensed dentist without first obtaining a written work order
therefor from such dentist; or (b) acting as a subcontractor as described
in (4) above, furnishes such services to any person, firm or corporation,
without first obtaining a written subwork order from such person, firm or
corporation; or (c) fails to retain the original work order or subwork
order, as the case may be, for three years; or (d) refuses to allow the Board
or its duly authorized agents, to inspect his or its files of work orders or
subwork orders, shall be deemed guilty of a misdemeanor.

(7) None of the provisions of this section shall apply to a work order
for the construction or repair, extraorally, of prosthetic dentures, bridges,
or other replacements for a part of a tooth, a tooth, or teeth, done by a
person, firm or corporation pursuant to a written work order received from
a licensed dentist who is a resident of and practicing in another state or
in the District of Columbia unless there shall be in effect in said state or
District of Columbia a law substantially the same as the provisions of
this section.

§ 54-167. Every member and employee of the Board, when identified
as herein provided, shall be authorized, during ordinary business hours, to
enter and inspect any dental office or dental laboratory for the purpose of
enforcing the provisions of this chapter. Each member or employee of the
Board shall, when inspecting any dental office or laboratory, carry on his
person and exhibit, when properly requested, a card stating his name and
connection with the Board, verified by the signature of the president and
secretary-treasurer and the seal of the Board; provided, however, in any
instance wherein a dental laboratory is the subject of an inspection pur-
suant to the provisions of this section or of § 54-147.2, the inspection shall
be conducted by two or more members or employees of the Board, at least
one of whom shall be a laboratory operator or technician, to be selected
by the Board from a roster of eight names submitted annually to the Board
by Virginia State Dental Laboratories Association, and such person or
persons shall concur in or object to any report submitted to the Board as
a result of such inspection. If no roster shall be submitted by January
fifteen in any year, or if submitted and, after reasonable notice to him, no
laboratory operator or technician from said roster will voluntarily assist
in making the inspection, the Board may proceed with its inspection with-
out the presence of a laboratory operator or technician.

§ 54-187. The Board may revoke or suspend the certificate and license
of any licensed dentist for any one or more of the following causes:

1. Fraud, deceit or misrepresentation in obtaining a license, or the
presentation to the Board of any diploma, license or certificate, illegally or
fraudulently obtained; or

2. The commission of a criminal operation, or the conviction of a
felony; or

Chronic or persistent inebriety, or addiction to drugs, to such an
extent as to render him unsafe or unreliable as a practitioner of dentistry,
or such gross immorality as tends to bring reproach upon the dental pro-
fession; or

Any unprofessional conduct likely to defraud or to deceive the
public or the commission of any fraud upon the public or individual
patients in obtaining or attempting to obtain practice; or

Willful negligence in the practice of dentistry; or

6. The employment of unlicensed persons, or of persons whose cer-
tificate and license have been finally suspended or revoked, to perform
work which under this chapter can only be legally done by persons holding
a license to practice dentistry in this State, provided, however, that a
person whose certificate and license has been finally suspended or revoked
may be employed pending an appeal if he has given bond as provided in
§ 54-192; or

7. Advertising to practice without causing pain or advertising pro-
fessional superiority or the performance of professional services in a
superior manner, or advertising prices, terms, or fees for professional
services or advertising by means of large display, glaring light signs, or
containing as a part thereof the representation of a tooth, teeth, bridge
work or any portion of the human head, or employing or making use of
advertising solicitors or free publicity press agents, or advertising any
free dental work or free examination, or advertising to guarantee any
Jental service, or advertising to use any drug, nostrum, patent or pro-
orietary drug or medicine of an unknown formula, or advertising or pub-
ishing or circulating false claims or misleading statement of art, skill or
mowledge, or advertising the methods of treatment or practice, or adver-
ising in any other manner which tends to deceive or defraud the public; or

Accepting employment by or working in the office of any individual,
firm or corporation that is violating any of the provisions of this section
for which the certificate and license of any licensed dentist may be revoked
or suspended, and failing to sever such relationship after notice in writing
80 to do from the Board; or

9. Knowingly taking the impressions for or using the services of any
person, firm or corporation violating any of the provisions of § 54-147.2.