Chap. 184.—An ACT to amend and re-enact sections 1640, 1641, 1642, 1643,
1644, 1645, 1646, 1647, 1648, 1649, 1650, 1651, 1652, 1653 and 1654 of
the Code of Virginia, relating to and regulating the practice of dentistry.

[S B 70]
Approved March 19, 1930

1. Be it enacted by the general assembly of Virginia, That sections
sixteen hundred and forty to sixteen hundred and fifty-four, of the
Code of Virginia, both inclusive, be amended and re-enacted so as. to
read as follows:

Section 1640. Any person shall be deemed to be practicing dentis-
try, who uses the words dentist, dental surgeon, the letters DDS, DMD,
or any other letters or title in connection with his or her name, which in
any way, represents him or her as engaged in the practice of dentistry,
or any branch thereof, or who advertises or permits to be advertised
by sign, card, circular, handbill, newspaper or otherwise that he or she
can or will attempt to perform dental operations of any kind, or who
shall diagnose, profess to diagnose, or treat or profess to treat any of
the diseases or lesions of the oral cavity, teeth, gums or the maxillary
bones or shall extract teeth, or shall correct malpositions of the teeth
or jaws, or shall take impressions, or shall supply artificial teeth as sub-
stitutes for natural teeth, or shall place in the mouth and adjust such
substitutes, or do any practice included in the curricula of recognized
dental colleges, or administer or prescribe such remedies, medicinal or
otherwise, as shall be needed in the treatment of dental or oral diseases,
or shall use an x-ray for dental treatment or dental diagnostic pur-
poses. Provided, however, that nothing in this section shall prevent
a dental assistant or x-ray technician from aiding or assisting a licensed
dentist in making radiograms or x-ray exposures, or from developing
the same, but it shall be unlawful for said assistant to make use of the
x-ray, except as herein provided, and nothing in this section shall inter-
fere with the performance of mechanical work, or inanimate objects
only, for licensed dentists, by any person employed in or operating a
dental laboratory ; nor prevent students from performing dental opera-
tions, under the supervision of competent instructors within a dental
school or college or dental department of a university or college recog-
nized by the Virginia State board of dental examiners, nor shall it
prevent a licensed dentist from another State or country from appear-
ing as a clinician for demonstrating certain methods of technical pro-
cedures 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 the State of. Virginia.

Section 1641. It shall be unlawful for any person to engage in the
practice of dentistry or any branch thereof, as either assistant or em-
ployee, or to receive a license from any commissioner of the revenue
to practice dentistry or any branch thereof, unless he or she shall
have passed the examination provided for by this chapter, and received
a certificate herein provided for, and any person practicing dentistry or
any of the branches thereof, in this State, without having passed the ex-
aminations and received the certificate 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 not less
than five hundred dollars, or imprisonment in jail for from three to
twelve months, or both, in the discretion of the court. Nor shall such
person receive any compensation for service rendered by him or her.
Nothing contained in this section shall prevent an office assistant from
performing the usual secretarial duties or from performing such other
assistance as hereinbefore provided for.

All persons licensed to practice dentistry or any of the branches
thereof and so registered, with the Virginia State board of dental ex-
aminers, on the date of the approval of the act, shall be entitled to
continue in the practice of the said profession or any of the branches
thereof, subject to the several provisions of this chapter. No person
shall be registered or granted a license under the provisions of this
chapter who is not twenty-one years of age, and of good moral charac-
ter; nor until he or she shall present to the Virginia State board of
dental examiners satisfactory evidence that he or she is a graduate of
a reputable dental college, university or dental department of a uni-
versity and shall have passed the examinations as provided by the said
Virginia State board of dental examiners, which board shall have full
powers to determine what constitutes a reputable dental school, college,
university or dental department of an university.

Section 1642. The Virginia State board of dental examiners shall
consist of six licensed practitioners of dentistry, of acknowledged ability
in the profession, to be appointed by the governor of this State. This
board shall be divided into three classes of two members each; one of
which classes shall go out of office each succeeding year, and the gover-
nor shall annually appoint the successors of each class as it goes out
of office for the term of three years. Nominations for such vacancies
may be made to the governor by the Virginia State dental association.
All vacancies for unexpired terms shall be filled by appointment by the
governor and nominations for such vacancies may be made to the gov-
ernor by the executive committee of the said Virginia State dental
association. All members nominated for the Virginia State board of
dental examiners, shall be members in good standing of the Virginia
State dental association, and not connected with or interested in any
dental school, college, university or dental department of a university,
or dental supply business and must have practiced dentistry or one of
its branches, in this State for a period of not less than three years.

_ Any member appointed to the Virginia State board of dental exam-
iners, may be nominated by the Virginia State dental association to
the governor, to succeed himself at the expiration of his current term.
Any member of the said Virginia State board of dental examiners may
be removed from office, at any time, by the governor for a cause which
he may deem sufficient and his successor appointed as hereinbefore
provided for. Upon failure of any member of the said Virginia State
board of dental examiners to attend a meeting thereof the members
of the board present, if so desired, may appoint a substitute to tem-
porarily fill the vacancy for that meeting, and for continued failure
or inability of a member of said board to attend two consecutive meet-
ings thereof, or in case of death, the said board may declare a vacancy
existing, such vacancy to be filled by appointment of the governor as
hereinbefore provided for.

Section 1643. The Virginia State board of dental examiners shall
annually choose a president and a secretary-treasurer, 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 the members of said board shall at all times, constitute a
quorum for the transaction of the business of the board, and the pro-
ceedings thereof shall at all reasonable times, be open to public inspec-
tion. ‘he board shall have full powers to make by-laws and necessary
regulations for the government of the said board and the proper ful-
fillment of their duties under this chapter.
Section 1644. The said board shall grant a certificate, of ability to
practice dentistry, to all applicants who undergo a satisfactory examina-
tion and receive at least four affirmative votes. ‘This certificate shall
be signed by the members of the board and be stamped with a suitable
seal which they may adopt. The said board shall keep a book, in
which shall be registered the name and qualifications of every person to
whom such a certificate is granted. The said board shall inquire into
the qualifications and truthfulness on registration 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.

Section 1645. The book provided for by the preceding section shall
be a book of record and transcriptions from it, certified by the officer
who has it in keeping, with the seal of the board affixed, shall be evi-
dence in any court in this State.

Section 1646. No person, unless previously licensed or registered
to practice dentistry in this State, shall begin the practice of dentistry,
or any branch thereof, without first applying for and obtaining a
license for such purposes, 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 thirty dollars. ‘The
applicant must be of good moral character, and twenty-one years of
age, or over, at the time of making the application. Application trom
a candidate who desires to procure a license, from the 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 an university or college, or has Leen engaged in
the actual legal and ethical practice of dentistry in some other State or
country for five consecutive years just prior to application. Examina-
tions may be made orally or in writing, in whole or in part, at the dis-
cretion of the board, and shall be of such character as to test the qualif-
cations 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. The board
may, at its discretion, arrange for reciprocity with the authorities of
other states and territories having requirements equal to those estab-
lished by this chapter. If the candidate who desires to procure a license,
from the said board, to practice dentistry in this State has been en-
gaged in the actual and ethical practice of dentistry in other States and
countries for five consecutive years, just prior to his application, certifi-
cates may be granted applicants to practice under such reciprocity on
payment of a fee of thirty dollars to the secretary of the Virginia State
board of dental examiners.

Section 1647. Any person licensed to practice dentistry in this
State, by the Virginia State board of dental examiners, as hereinbe-
fore provided shall, before he begins practice, and within ninety days
from date of issue, cause such license to be registered in the office
- 1930] ACTS OF ASSEMBLY 4§

of the clerk of the circuit court of such county or counties, or in the o!
fice of the clerk of the corporation court of such city or cities, in whic
such person desires to engage in the practice of dentistry, and shoul
such dentist remove to another city or county, he shall record his cert:
ficate in the clerk’s office of such county or city before beginning th
practice of dentistry. Such license or certificate, so recorded, shall b
evidence or authority of the person herein named to practice dentistr
in this State, provided such license or certificate is annually registere
with the Virginia State board of dental examiners, as provided for i
this act. Any certificate to practice dentistry, obtained through frau
of any nature, or by any false or fraudulent representation of practic:
shall be void, and the person found guilty of such fraud shall be refusec
the right to practice dentistry, or any branch thereof, in the State o
Virginia. .

Section 1648. It shall be the duty of the secretary of the board t
mail to each person, whose name appears upon the register of saic
board, on or before January first of each year, a printed blank forn
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, and shall receive therefor a registration certificate, stamped with
the seal of the board. Any commissioner of the 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 be deemed guilty of a misdemeanor, and upon conviction thereof,
be fined not less than twenty-five dollars, nor more than fifty dollars,
and no license issued by any commissioner of the revenue in violation
of this section shall be valid.

Section 1649. Whenever it shall appear to the Virginia State board
of dental examiners that any licensed dentist, practicing in this State,
nas been guilty of fraud, deceit or misrepresentation in obtaining a
license, or the presentation to the board of any diploma, license or cer-
ificate, illegally or fraudulently obtained, or one obtained from an
nstitution which is not reputable, or an unrecognized or irregular in-
stitution, or the commission of a criminal operation, or chronic or per-
istent inebriety, or addiction to drugs, to such an extent as to render
im unsafe or unreliable as a practitioner of dentistry, or being guilty
yf gross immorality that would tend to bring reproach upon the dental
srofession of the State, or if the person holding the certificate to
yractice dentistry in this State shall advertise to practice without
ausing pain, or shall in any other manner advertise, with a view of
leceiving or defrauding the public, or advertise to use any drug, nos-
rum, patent or other proprietary drug or medicine of any unknown
ormula, or be guilty of any unprofessional conduct likely to defraud
r to deceive the public, or of willful negligence in the practice of
lentistry, or of employing unlicensed persons to perform work which,
nder this chapter, can only be legally done by persons holding a license
> practice dentistry in this State, or of committing any crime or other
raud upon the public or individual patients in obtaining or attempting
» obtain practice, or of advertisement or of publication. or circulation
yf false claims or misleading statements of his art, skill or knowledge,
sr of advertisement of his methods of treatment or practice, the said
joard shall revoke the license of such person. |

Section 1650. An accusation may be filed with the secretary of
the Virginia State board of dental examiners charging any licensed
jentist with the commission of any of offenses enumerated in the pre-
ceding section. Such accusation shall be in writing, signed by the
accuser or accusers and verified under oath. Whenever such accusa-
Hion 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 relating to such accusation, at least ten days
before the day so fixed, and shall notify the accused that on the day
fixed for hearing he may appear and show cause, if any he can, why his
license to practice dentistry in the State shall not be revoked. For
the purpose of such hearing, the State board of dental examiners is
empowered to require the attendance of witnesses, administer oaths,
and hear testimony, either oral or documentary, for and against, the
accused. If, after such hearing of the accused, the 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 and found guilty.

Any person who may feel himselt agerieved at the revocation of
his license may, within thirty days appeal from the action of the State
board in revoking the same to the circuit court of the city of Rich-
mond where the matter shall be heard de novo. The person desiring
to appeal from the acticn of the State board shall, after five days’
notice in writing to the secretary of the State board, apply therefor by
presenting to the court, or the judge thereof, his affidavit 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 sup-
ported by the evidence adduced at the hearing. Whereupon the State
board shall certify to the court the accusation and other papers concern-
ing the matter and filed with the secretary of the State board.

Any person who may feel himself aggrieved by the judgment ot
the said court in revoking his license shall have the right of appeal to
the supreme court of appeals.

Section 1652. Hereafter it shall be the duty of every person prac-
ticing dentistry, or any branch thereof, within this State upon demand
in writing, made by the secretary-treasurer of the V irginia State board
of dental examiners to furnish within thirty days, after said demand, tc
said secretary-treasurer of said board, the name and address of eack
and every person practicing dentistry or assisting in any way in the
practice thereof, in the office of said person. For failure, to so do
the said person shall be liable to a penalty of twenty-five dollars, be
sides costs. Every person practicing dentistry in this State shall, a
all times, display his or her license certificate, for the current year, it
a conspicuous place, in his or her main operating room, where the sam
shall be in plain view of patients, and every person who shall practic
dentistry, within the meaning of this act, without having such certifi
cate on display, as herein required, shall be liable to a penalty of fifty
dollars besides costs. Every member and employee of said board o1
dental examiners, when identified as herein provided, shall be au:
thorized, during ordinary business hours, to enter and inspect any
dental office or dental laboratory for the purpose of enforcing the pro-
visions of this chapter. Each member or employee of the said boarc
shail, when inspecting any dental office or laboratory, carry on his per-
son 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 said board.

Any person under the meaning of this act shall be deemed to be
practicing dentistry who is a manager, proprietor, operator, or con-
ductor of a place for performing dental operations of any kind, ot
who for a fee, salary, or other reward paid or to be paid either to him-
self or to another person, performs or advertises to perform dental
operations of any kind, diagnoses or treats diseases or lesions of human
teeth or jaws, mechanically, medicinally, or by means of radiograms, or
attempts to correct malpositions thereof.

Section 1653. No corporation shall hereafter be formed, and no
foreign corporation shall be domesticated in the State, for the purpose
of practicing or offering or undertaking to practice dentistry, and no
charter shall hereafter be granted for said purposes or any of them, and
no foreign corporation shall be permitted to file its charter in this
State, so as to empower it to do business, if any of said powers are
included therein. No charter hereafter granted in this State shall au-
thorize or empower any person to practice dentistry as proprietor,
officer, agent or employee of a corporation except as herein provided
or authorize the employment for hire or other remuneration or gain,
of any person for the purpose of practicing dentistry.

No person shall practice or continue to practice dentistry, or offer
or undertake to practice, or hold himself out or continue to hold him-
self out as practicing dentistry, under any firm name or trade name or
under any other name than his own true name; provided, that nothing
herein contained shall prohibit the practice of dentistry by a partner-
ship under a firm name containing nothing but the name of every mem-
ber of said partnership; and provided further that nothing herein con-
tained shall be construed to prevent the continued use of the name of
any corporation heretofore legally chartered under the laws of this
State, and at present engaged in the proper conduct of its business
from continuing its said business in accordance with the provisions of
sections sixteen hundred and fifty-two and sixteen hundred and fifty-
three of the Code of Virginia, as they existed the day before the sec-
tions in this act take effect; and, provided, further, that nothing herein
contained shall prohibit a licensed dentist from practicing dentistry as
the employee of a licensed dentist, practicing under his own name or
under a firm name, containing only the names of each member of
such firm. Every person or corporation violating any of the fore-
going provisions of this section shall be subject to a penalty of three
hundred dollars for the first offense and six hundred dollars for the
second and each and every subsequent offense. Every person prac-
ticing dentistry under a firm name, as herein authorized, and every
person practicing dentistry as an employee of another licensed dentist
shall cause his name to be conspicuously displayed, and kept so dis-
played, in a conspicuous place, at the entrance of the place where such
practice shall be conducted, and any person who shall neglect to cause
his name to be displayed, as herein required, shall be subject to a
penalty of one hundred dollars for each and every offense. No person
shall practice dentistry within the meaning of this chapter, unless
licensed so to do.

No person shall employ or give aid, or assist any person not regu-
larly licensed to practice dentistry to perform any dental operation
upon human beings in this State. Any person who shall violate any
of the provisions of this section shall be subject to a penalty of three
hundred dollars for the first offense, and each subsequent offense, and
if the person violating this section be a licensed practitioner of dentis-
try his license shall be revoked. Any person, company or association
shall be guilty of a misdemeanor, and upon conviction thereof shall be
punished with a fine of not less than five hundred dollars, or by im-
prisonment for not less than six months or by both fine and imprison-
ment by the discretion of the court who,

First. Shall sell or barter, or offer to sell or barter, any diploma
or document, conferring or purporting to confer any dental degree or
certificate or transcript made or purporting to be made, pursuant to
the laws regulating the license and registration of dentists; or

Second. Shall with fraudulent intent, alter in material regard any
diploma, certificate or transcript; or

Third. Shall use or attempt to use any such diploma, certificate
or transcript which has been purchased, fraudulently issued, counter-
feited or materially altered, either as a license or color of license to
practice dentistry, or in order to procure registration as a dentist ; or

Fourth. Shall practice dentistry under a false or assumed name; or

Fifth. Any person who, in any affidavit or examination, required
of an applicant for examination, license or registration under the law
regulating the practice of dentistry, shall make wilfully a false state-
ment in a material regard.

Section 1654. The secretary of the State board of dental examiners
shall, thirty days before the annual meeting of the Virginia State
dental association, file with the president of said association a report
of its activities including an itemized statement of all moneys collectec
and disbursed by the said board and the said statement shall be laic
before the said association at the following annual meeting thereot.

All funds accruing under this chapter shall be paid into the State
treasury. The expenses of maintaining the Virginia State board of
dental examiners shall be paid from the State treasury, upon vouchet
signed by the president and secretary-treasurer of the said board, wher
properly approved in conformity to law, out of funds accruing to the
State treasury under the provisions of this chapter, or such funds as
are available for the payment of such accounts.

The said Virginia State board of dental examiners is hereby au-
thorized to engage a suitable person or persons, to assist the board in
any necessary investigation of complaints filed with the said board
against illegal practitioners or other violators of this chapter.

Nothing in this chapter shall prevent the issuance of a permit to
a graduate of a dental school or college or the dental department of
a college or university approved by the State board of dental examiners,
and otherwise qualified, to serve as a clinician for the State depart-
-ment of health upon the request of the State health commissioner and
the dental member of the State board of health until the next subse-
quent meeting of the Virginia State board of dental examiners.

Nothing in this chapter shall prevent a graduate of a dental school
or college or the dental department of a university, approved by the
Virginia State board of dental examiners, and otherwise qualified, to
serve as a teacher in the State dental school, upon request by the dean
of such school, made to the board of dental examiners—such permit to
apply only until the next following meeting of the State board of
dental examiners. The aforesaid perniits to the health department and
the State dental college are not renewable and the teachers or clinicians
to which they apply must appear before the board and take the exami-
nations required and comply in full with section sixteen hundred and
forty-six of the Code at the next following meeting of the Virginia
State board of dental examiners, following issuance of the aforesaid
permit. |

Nothing in this chapter shall apply to a legally qualified physician
or surgeon unless he practices dentistry as a specialty; nor to a dental
surgeon of the United States army, navy, public health service or vet-
erans’ bureau, in the discharge of his official duties. Legally licensed
pharmacists of this State are hereby authorized to and shall fill pre-
scriptions of legally licensed dentists in this State, for any drug to be
used in the practice of dentistry. It shall be the duty of the prose-
cuting attorneys for the Commonwealth to prosecute every violation
of this chapter, committed in their respective jurisdictions. All prose-
cutions under this chapter shall be instituted by indictment or informa-
tion, in the circuit or corporation court of the county or city in which
the offense occurs.

2. All other laws in conflict with the provisions of this act be,
and are hereby, repealed.