Chapter 315. To amend an Act entitled “An Act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto,” approved June 6, 1892, and Acts amendatory thereof
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CHAP. 315.— An Act To amend an Act entitled “An Act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto,” approved June 6, 1892, and Acts amendatory thereof. June 7, 1924.[[S. 1785](/us/bill/68/s/1785).][[Public, No. 237](/us/68/pl/237).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That unlessDentistry, D. C.Practicing as dentist or oral hygienist unless licensed, etc., unlawful. previously qualified as provided by law it shall be unlawful for any person not licensed as a dentist within the meaning of this Act to practice dentistry within the District of Columbia, and it shall likewise be unlawful for any person to follow the occupation of oral hygienist in said District without having first complied with the provisions of this Act and having been registered as hereinafter provided.
Sec. 2. That no person shall be eligible for appointment upon theBoard of dental examiners.Qualifications. board of dental examiners who has not been for five years next preceding his appointment a resident of and in the active and reputable practice of dentistry in the District of Columbia.Appointment, etc. Appointments shall be for a term of five years or until their successors are appointed and qualified, and shall be from a list of three to seven eligibles submitted by the dental societies of the District of Columbia; and no officer or member of the faculty of any dental school orIneligibles. college shall be eligible for appointment upon said board.
Sec. 3. The board of dental examiners shall organize by electingOrganization, etc., of board. from its members a president and a secretary-treasurer, who shall give bond to the United States in the sum of $2,500. The board600shall make and adopt such rules and regulations, not inconsistent herewith, as it deems necessary; it shall hold in January and June of each year, in such place as may be designated by said board, examinations to determine the fitness of applicants for licenses as *Proviso*.Majority concurrence necessary.dentists and oral hygienists, respectively, under this Act: *Provided*, That the concurrence of a majority of said board shall be necessary to grant or revoke, respectively, either a license as dentist or oral hygienist, under this Act.
Sec. 4. Seal, record, registry. The board of dental examiners shall have an official seal, and shall keep a record of its proceedings, a complete record of the credentials of each licensee, a register of persons licensed as dentists and oral hygienists, and of licenses by it revoked. A transcript of an entry in such records, certified by the secretary-treasurer under seal of the board, shall be evidence of the facts therein stated. Sec. 5. Power to secure testimony. The said board shall have power to require the attendance of persons and the production of books and papers and to require such persons to testify in any and all matters within its jurisdiction.
The president and secretary-treasurer of the board shall have power to issue subpoenas and each shall have authority to administer oaths. Reference to justice of supreme court to compel attendance, etc.Upon the failure of any person to attend as a witness, when duly subpoenaed, or to produce documents when duly directed by said board, the board shall have power to refer the said matter to any justice of the Supreme Court of the District of Columbia, who may order the attendance of such witness, or the production of such books and papers, or require the said witness to testify, as the case Failure punished as contempt of court.may be, and upon the failure of the witness to attend, to testify, or to produce such books or papers, as the case may be, such witness may be punished for contempt of court as for failure to obey a subpœna issued or to testify in a case pending before said court.
Sec. 6. Powers of secretary-treasurer. It shall be the duty of the secretary-treasurer of the board of dental examiners to enforce the provisions of all laws relating to the practice of dentistry and dental hygiene in the District of Prosecutions in police court.Columbia, and all violations of said laws shall be prosecuted in the police court of the District of Columbia by the corporation counsel or one of his assistants. Sec. 7. Annual reports to commissioners. The board of dental examiners shall make annual reports to the District Commissioners, containing a statement of moneys received and disbursed, and a summary of its official acts during the preceding year.
Sec. 8. Applications for license to practice. Any person who desires to practice dentistry within the District of Columbia shall file with the secretary-treasurer of the board of dental examiners a written application for a license, and furnish satisfactory proof that he is a graduate of a dental college Form, etc., requirements.approved by the board. Such application must be upon the form prescribed by the board, verified by oath, and accompanied by the required fee and a recent unmounted autographed photograph of the applicant.
Sec. 9. Examinations before board. An applicant for a license to practice dentistry shall appear before the board of dental examiners at its first meeting after the filing of his application, and pass a satisfactory examination, consisting of practical demonstrations and written or oral test, or Subjects.both, in the following subjects: Anatomy, anesthetics, bacteriology, chemistry, histology, operative dentistry, oral hygiene, oral surgery, orthodontia, pathology, physiology, prosthetic dentistry, materia medica, metallurgy, and therapeutics, and such other subjects as *Provisos*.Examination waived if applicant holds license from similar State, etc., board, etc.the board may from time to time direct: *Provided*, That the board of dental examiners may waive the theoretical examination in the case of an applicant who furnishes proof satisfactory to said board that he is a graduate from a reputable dental college of a State or Territory of the United States, approved by the board, and601holds a license from a similar dental board, with requirements equal to those of the District of Columbia, and who, for five consecutivePrior practice necessary. years next prior to filing his application, has been in the lawful and reputable practice of dentistry in the State or Territory of the United States from which he applies: *Provided*, That the laws of suchSubject to according of equal rights to District licensees.
State or Territory accord equal rights to a dentist of the District of Columbia holding a license from the board of dental examiners of the District of Columbia, who desires to practice his profession in such State or Territory of the United States. An applicantEvidence, etc., required. desiring to register in the District of Columbia under this section must furnish the board of dental examiners with a letter from the secretary of the board of dental examiners under seal of the State or Territory of the United States from which he applies, which shall state that he has been in the lawful and reputable practice of dentistry in the State from which he applies for five years next prior to filing his application, and shall also attest to his moral character and professional qualifications.
Sec. 10. If such applicant passes the examination and is of goodIssue of license, and right conferred. moral character, he shall receive a license from the board of dental examiners, attested by its seal, signed by the members of the board, and registered with the health officer, which after being registered with the health officer shall be conclusive evidence of his right to practice dentistry in the District of Columbia. If the loss of aDuplicate issued if lost. license is satisfactorily shown, a duplicate thereof shall be issued by the board upon payment of the required fee.
Sec. 11. Any person of good moral character, being not less thanOral hygienist.Qualifications for registration as. eighteen years of age, who desires to register as an oral hygienist in the District of Columbia, and files with the secretary-treasurer of the board of dental examiners a written application for a license, and furnishes satisfactory proof that he is a graduate of a training school for oral hygienists requiring a course of not less than one academic year, and approved by the board of dental examiners, mayApplication. make application to be licensed as an oral hygienist in the District of Columbia upon the form prescribed by the board, verified by oath, and accompanied by the required fee ($10) and a recent unmounted autographed photograph of the applicant.
Sec. 12. An applicant for a license as oral hygienist shall appearExamination by dental board. before the board of dental examiners at its first examination after the filing of his application and pass a satisfactory examination consisting of practical demonstrations and written or oral tests on such subjects as the board may direct. If such applicant passes theLicense issued on passing. examination and is of good moral character, he shall receive a license from the board of dental examiners, attested by its seal, signed by the members of the board, which after being registered with the health officer shall be conclusive evidence of his right to practice as an oral hygienist in the District of Columbia according to the provisions of this Act.
Sec. 13. Any person of good moral character and not less thanApplications, if having two years experience under licensed dentists. eighteen years of age who within the period of three months immediately following the passage of this Act, shall register his name with the Board of Dental Examiners, upon showing two years actual experience under the direction of a licensed dentist and passing such examination as the board may direct, may be licensed as an oral hygienist in the District of Columbia.
Sec. 14. Any licensed dentist, public institution, or schoolEmployment allowed by dentists, etc. authority may employ such licensed oral hygienist, who may remove calcic deposits, accretions, and stains from the surfaces of the teeth, but shall not perform any other operation on the teeth or tissues of theConditions. mouth. A registered oral hygienist may operate only under the general direction or supervision of a licensed dentist, in his office602Revocation of license of dentist permitting other operation by oral hygienist.or in any public school or other institution.
The board of dental examiners may suspend or revoke, with power to reinstate, the license of any dentist who shall permit any oral hygienist, operating under his supervision, to perform any operation other than that permitted under the provisions of this section, and it also may suspend or revoke, with power of reinstatement, the license of any oral hygienist Procedure.violating the provisions of this Act; the procedure to be followed in the case of such suspension, revocation, or reinstatement shall be the same as that prescribed by law in the case of suspension, revocation, or reinstatement of a licensed dentist.
Sec. 15. Examination waived if applicant files certificate from similar State board, etc., as to qualifications, etc. Any oral hygienist of good moral character duly licensed to practice as such in any State or Territory of the United States, having and maintaining an equal standard of laws regulating the practice of oral hygiene with the laws of the District of Columbia, who has been in the lawful practice of oral hygiene for a period of not less than two years in such State or Territory and who files with the secretary-treasurer of the board of dental examiners of the District of Columbia a certificate from the examining board of the State or Territory in which he is licensed, certifying to his professional qualifications and length of service, may at the discretion of the board be licensed without further examination upon the payment Fee.Examination required if State does not maintain law of equal standard.of $10.
Any person so applying, who has been licensed in a State not maintaining an equal standard of laws with the District of Columbia, may be licensed upon the payment of the fee above provided for, upon furnishing satisfactory evidence as to licensing, good moral character, and professional qualifications, and passing such further examination as the board of dental examiners shall deem necessary. Sec. 16. Revocation or suspensions of licenses by The board of dental examiners may revoke or suspend the license of any dentist or any oral hygienist in the District of Columbia upon proof satisfactory to said board: 1.
Causes for. That said license or registration was procured through fraud or misrepresentation. 2. That the holder thereof has been convicted of an offense involving moral turpitude. 3. That the holder thereof is guilty of chronic or persistent inebriety, or addiction to drugs, or afflicted with a contagious or infectious disease. 4. That the holder thereof, through misleading advertising or otherwise, is guilty of conduct calculated or likely to deceive or defraud the public. 5.
That such holder is guilty of conduct which, in the opinion of said board, disqualifies him to practice with safety to the public. Sec. 17. Statement of charges to accused. No action to revoke or suspend a license shall be taken until the accused has been furnished a statement in writing of the charges against him, together with notice of the time and place of Hearings.hearing thereof. The accused may be present at the hearings in person by counsel, or both. The statement of charges and notice may be served personally upon such person or mailed to him at his last known address at least twenty days prior to the hearing.
Sec. 18. Action of board. If upon such hearing the board finds the charges sustained, it may revoke or suspend the license of any such dentist or oral hygienist. Such revocation shall take from the person named Reinstatement.in such license all rights and privileges acquired thereby. Any dentist whose license has been suspended or revoked may be reinstated and a new license issued to him when, in the judgment of the board of dental examiners, such action is warranted, provided such Payment of costs, etc.reinstated dentist shall pay all the costs of the proceedings resulting in his suspension and reinstatement and in addition thereto a fee of $25. 603 Sec. 19.
That in addition to the fees heretofore fixed herein eachFees. applicant for a license as dentist shall deposit with his application a fee of $20; with each application for a duplicate license a fee of $5 shall be paid to said board of dental examiners, and for each certificate issued by said board a fee of $1 shall be paid. That out ofExpenses to be paid from fees received. the fees paid to said board, as provided by this Act, there shall be defrayed all expenses incurred in carrying out the provisions herein contained, including the detection and prosecution of violations of this Act, together with a fee of $10 per diem for each member of said board for each day he may be actually engaged upon business pertaining to his official duties as such board member: *Provided*,*Provisos*.Not to exceed receipts.
That such expense shall in no event exceed the total of receipts: *And provided also*, That at the close of each fiscal year any fundsSurplus payable to credit of District. unexpended in excess of the sum of $1,000 shall be paid into the Treasury of the United States to the credit of the District of Columbia. Sec. 20. During the month of December of each year, everyYearly registration of dentists and oral hygienists. licensed dentist and oral hygienist shall register with the secretary treasurer of the board of dental examiners his name and office address and such other information as the board may deem necessary upon blanks obtainable from said secretary treasurer, and thereupon pay a registration fee of $1.
On or before the 1st day of NovemberBlanks to be mailed. of each year it shall be the duty of the secretary-treasurer of the board of dental examiners to mail to each dentist and oral hygienist licensed in the District of Columbia, at his last known address, blank form for registration. In the event of failure to register on orFine, etc., on falling to register. before the 31st day of December a fine of $5 will be imposed, and should the practitioner fail to register and pay the fine imposed and continues to practice his profession in the District of Columbia he shall at the end of ten days from said date be considered as practicing illegally and penalized as otherwise provided for in this Act.
If he suspends his practice he may be reinstated at any time upon registering and paying the prescribed fee of $5. On or before theAnnual register to be printed, etc. 1st day of February, annually, said board shall issue a printed register of the names and addresses so received, a copy of which shall be mailed or otherwise sent to each registrant thereon. Sec. 21. Any person shall be regarded as practicing dentistry whoPersons regarded as practicing dentistry. is a manager, proprietor, operator, or conductor of a place for performing dental operations, or who for a fee, salary, or other reward paid or to be paid either to himself or to another person, performs or advertises to perform dental operations of any kind, diagnoses or treats diseases or lesions of human teeth or jaw, mechanically, medicinally, or by the use of radiograms, or attempts to correct malpositions thereof, or who uses the word “dentist, “dental surgeon,” the letters “D.
D. S.,” or other letters or title in connection with his name which in any way represent him as being engaged in the practice of dentistry. Sec. 22. On and after the passage of this Act it shall be unlawfulPracticing under name other than used in license, unlawful. for any person or persons to practice or offer to practice dentistry or dental surgery under any name except his proper name, which shall be the name used in his license granted to him as a dentist, as provided for in this Act; and unlawful to use the name of anyUse of name of company, etc. unlawful. company, association, corporation, trade name, or business name in connection with the practice of dentistry as defined in this law.
Any person convicted of a violation of the provision of this sectionPenalty for violations. shall be fined for the first offense not less than $100 nor more than $200, and upon a second or any subsequent conviction thereof, by a fine not to exceed $500, and upon conviction his license may be suspended or revoked by said board. 604 Sec. 23. Act not applicable to specified students, practicing physicians, etc. Nothing in this Act shall apply to a bona fide student of dentistry in the clinic rooms of a reputable dental college, to a legally qualified physician or surgeon unless he practices dentistry as a specialty; to a dental surgeon of the United States Army, Navy, Public Health Service, or Veterans’ Bureau, in the discharge of his official duties, nor to a lawful practitioner of dentistry in another State or Territory making a clinical demonstration before a dental society, convention, association of dentists, or dental college, or performing his duties in connection with a specific case on which he may have been called to the District of Columbia.
Sec. 24. Penalty for failure to display license. Whoever engages in the practice of dentistry and fails to keep displayed in a conspicuous place in the operating room in which he practices, and in such manner as to be easily seen and read, the license granted him pursuant to the laws of the District of Columbia, shall be fined not less than $10 nor more than $50. Sec. 25. Penalty for fraudulent sale of diplomas, licenses, etc. Whoever sells or offers to sell a diploma conferring a dental degree, or a license granted pursuant to this Act, or procures such diploma or license with intent to use the same as evidence of the right to practice dentistry as defined by law. by a person other than the one upon whom such diploma was conferred, or to whom such license was granted, or any person who with fraudulent intent alters such diploma or license, or uses or attempts to use the same, shall be fined not less than $100 nor more than $200.
Sec. 26. Penalty for employing in office, persons not licensed to perform dental operations, etc. Whoever, being a manager, proprietor, operator, or conductor of a place performing dental operations, employs a person who is not a licensed dentist to perform dental operations as defined by law, or permits such persons to practice dentistry in his office, or whoever practices dentistry under a false name, or assumes a title, or appends or prefixes to his name letters which falsely represent him as having a degree from a chartered dental college, or makes use of the words “dental college ” or “school ” or equivalent words when not lawfully authorized so to do, or impersonates another at an examination held by the board of dental examiners, or knowingly makes a false application or a false representation in connection with such examination, shall be fined not less than $100 nor more than $200.
Sec. 27. Penalty for violating this law. Whoever violates any provision of law relating to the practice of dentistry and oral hygiene, or the application for examination and licensing of dentists and oral hygienists, for which no specific penalty has been prescribed shall be fined not less than $50 nor more than $100. Sec. 28. Punishment for subsequent convictions. A second or subsequent conviction under any of the next four preceding sections shall be punished by the maximum penalties prescribed therein, or imprisonment in jail or workhouse not less than ten days nor more than sixty days or by both such fine and imprisonment.
Sec. 29. Inconsistent laws repealed. All Acts or parts thereof heretofore enacted into law and inconsistent herewith are hereby repealed. Approved, June 7, 1924.