Chap. 178.—An ACT to define dentistry, to regulate the practice of the same
and to provide penalties for the violation of the provision of this act.

Approved March 14, 1910.

Recognizing that dentistry is a specialty of medicine and surgery;
therefore,

1. Be it enacted by the general assembly of Virginia, That after this
act goes into effect it shall be unlawful for any person to engage in the
practice of this specialty for compensation as either assistant or employee
or to receive a license from any commissioner of the revenue to practice
this specialty except he shall have passed the examinations provided for
by this act and received the certificates herein provided, and any person
practising this specialty in this State without having passed examina-
tions and received certificates as herein provided, shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than two hundred and fifty dollars
for the first offense, and for the second offense a fine of not less than
five hundred dollars, or imprisonment of from three to twelve months in
jail, or both, in the discretion of the jury. Nor shall such person receive
any compensation for services rendered by him: provided, that nothing
contained in this section shall prevent any authorized physician or sur-
geon from extracting teeth or any other person from extracting teeth
for anyone suffering from toothache, or to prevent a bona fide student in
regular attendance upon any dental college in this State from practicing
dentistry under the direct supervision of one of its teachers in the regular
infirmary of such college.

On the trial of any person charged with violation of any of the pro-
visions of this act it-shall be incumbent on the defendant to show that
he has authority under the law to practice this specialty in this State in
order to relieve himself from the penalties herein prescribed.

Any commissioner of the revenue who shall, in violation of section
one, issue a license to any person not authorized to practice this spe-
cialty by this act, shall, upon conviction thereof, be fined not less than
twenty dollars nor more than fifty dollars, and no license issued by any
commissioner in violation of this act shall be valid.

2. From and after January first, nineteen hundred and fourteen, anno
domini, the practice of this specialty in this State shall be a branch or
specialty of medicine and surgery, and no person, after this act goes into
effect, shall be given the examination or a certificate required by section
four of this act unless he shall first show to the satisfaction of the exam-
ining board provided herein that he has passed the examination pro-
vided by law for applicants to practice medicine or surgery and has re-
ceived from the Virginia State board of medical examiners the certificate
thereof as required by law to be given by them to such applicants.

3. There shall be for the Commonwealth of Virginia a board of dental
examiners, consisting of three practitioners of dentistry of acknowledged
ability in ‘the profession, to be appointed by the governor upon recom-
mendation of the Virginia State dental association. Such examiners
shall hold office for a term of three years.

The board shall continue to be divided into three classes with one
member 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 of office, for the term of three years. He shall make
the appointments in each case from two persons, who shall be nominated
by the Virginia State dental association and reside in different sections
of the State.

All vacancies for unexpired terms shall be filled by the governor on
nominations made by the board. If no such nomination be made, the
governor may appoint such persons he may deem fit.

4. It shall be the duty of this board to meet annually at a time and
place of meeting of the Virginia dental association, or at such time and
place as the board may agree upon, to conduct the examination of the ap-
plicants. They may also meet for the same purpose at the call of two
members of the board at such time and place as may be designated by
them. Thirty days’ notice of the meetings shall be given by advertising
in at least two of the daily papers published in the State. It shall be the
duty of the said board to grant a certificate to practice this specialty to all
applicants who undergo the State examination and receive at least two
votes, which certificates shall be signed by the members of the board and
be stamped with a suitable seal. It shall further be the duty of such
board to register the name and qualification, as far as practicable, of
every person to whom such certificate is granted in a book to be kept
for such purpose.

5. Any member of the board may, upon presentation by anv applicant
of the evidence of the necessary qualifications to practice this specialty
under this act, grant a temporary license to practice until the next meet-
ing of the board and no longer: provided, that no such temporary license
shall be granted to any person who has not passed the examination and
obtained the certificate of the Virginia State board of medical examiners.

6. The book provided for by section four shall be a book of record,
and transcripts from it, certified by the officer who has it in keeping,
with the seal of the board affixed, shall be evidence in any court of the
State.

7. Every person practicing this specialty in the Commonwealth of
Virginia at the time of the passage of this act shall annually register his
name and postoffice with the board of examiners before renewing his
license, and it shall be the duty of the board to issue to each person so
registered a certificate of registration stamped with the seal of the board
and signed by its secretary. Such person so registered may continue such
practice without incurring any of the liabilities imposed by this chapter
by annually causing his name and residence or place of business to be
registered by such board, who shall keep a book for that purpose. Such
registration may be made by furnishing proof of the fact of being then
so engaged in the manner prescribed by law. All persons holding a cer-
tificate of abilitv from said board shall annually register in like manner.
A certified list of the persons registered from each city or county shall be
furnished the clerk thereof, except that in the city of Richmond such list
shall he furnished the clerk of the chancery court of said city, and each
name on such list shall he at once recorded by such clerk in a book to be
kept for that purpose, for which he shall receive a fee of fifty cents for
each certificate of the person so recorded, to be paid by said board. Every
person who prior to the passage of this act was duly authorized by said
board to practice this specialty in this State, and whose certificate is duly
registered and recorded as herein prescribed, shall be allowed to con-
tinue to so pracetice. But n olicense to practice this specialty shall be
issued by any commissioner of the revenue to any person whose name is
not so recorded in the clerk’s office of the city or county as herein pre-
scribed, and any person who shall engage in the practice of this specialty
and fail to register with the board as herein prescribed, shall, after ninety
days’ notice in writing from said board of such neglect, be liable to the
penalties prescribed in this act.

8. Fees from applicants and registration.—Said board shall charge
each person who appears before them for examination a fee of two dol-
lars for each examination, and shall charge for each person registering one
dollar. From the funds received all proper and reasonable expenses of
the board and each of its members, incurred in carrying out and main-
taining and enforcing the provisions of this chapter, must be paid. No
part of such expense shall be paid out of the State treasury. Any excess
of receipts over disbursements shall be paid by the board to meet future
expenses of the board and members. The secretary of the board shall
have custody of its funds and may be required to give bond in such terms
as the board may direct. An itemized report of the proceedings of the
board, containing an account of all moneys received and disbursed pur-
suant to this chapter, shall be made to the governor on the first day of
February of each year.

9. This act shall be in force from and after the first day of January,
nineteen hundred and fourteen, anno domini.

10. All acts or parts of acts inconsistent with the provisions of this
act are hereby repealed.