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Sections amended.

Dentistry,

when unlawful to practice.

Proviso.

Assumed name, etc.

Sigus, etc.

[No. 183.]

AN ACT to amend sections one, two, three, four, five, seven, eight and nine of act number three hundred thirty-eight of the Public Acts of nineteen hundred seven, entitled "An act to provide for the examination, regulation, licensing and registration of persons engaged in the practice of dentistry, and for the punishment of offenders against this act, and to repeal all acts and parts of acts in conflict herewith."

The People of the State of Michigan enact:

SECTION 1. Sections one, two, three, four, five, seven, eight and nine of act number three hundred thirty-eight of the Public Acts of nineteen hundred seven, entitled "An act to provide for the examination, regulation, licensing and registration of persons engaged in the practice of dentistry, and for the punishment of offenders against this act, and to repeal all acts and parts of acts in conflict herewith," are hereby amended to read as follows:

SEC. 1. It shall be unlawful for any person, not a registered dentist, within the meaning of this act, to operate or control as proprietor, manager or otherwise, any room or rooms, office or dental parlors, where dental work is done, provided or contracted for, or to practice dentistry or dental surgery in any of its departments in the State of Michigan, except as hereinafter provided: Provided, That, the use of any name or names used by any proprietor, manager or other person operating any dental parlor, office or rooms at the time this act becomes operative, including the firm name, assumed name or corporate name of any dental parlor, office or rooms used for dental purposes that are operating at the time this act shall take effect, shall not be prohibited to the present owners, their heirs or assigns, but no such proprietor, manager, or other person or their heirs or assigns operating any such dental office, parlor or rooms shall be permitted to open any office under such assumed or corporate name in any city other that the one in which he may maintain such office at the time this act takes effect.

It shall be unlawful for any person or persons, whether registered or not, to operate or run any dental office or parlors, where dentistry or dental surgery in any of its departments is practiced, under any name other than the name or names of the person or persons to whom the license provided for in this act is issued, as hereinabove provided.

It shall be unlawful for any person or persons operating or controlling any dental office or parlors or place where dentistry or dental surgery in any of its departments is practiced, to display on any card, sign, handbill, circular, in any newspaper, or through any other medium of advertise

ment the name of any person, firm or corporation other than the name or names of the person or persons to whom has been issued a license provided for in this act, as hereinabove provided.

dental

SEC. 2. The Governor shall appoint, by and with the advice Board of and consent of the senate, five resident electors of the State, examiners. who shall constitute a Board of Dental Examiners. Such appointments shall be made from a list of twenty names submitted to the Governor annually by the Michigan State Dental Society, which said list shall be selected in open meeting of the Michigan State Dental Society, and shall contain only the names of electors and reputable dentists, and graduates of a reputable dental college, who have resided in this State for at least five years, and have at least five years' experience in their profession: Provided, however, That the Proviso. Upper Peninsula of Michigan shall at all times have at least one member on said board: Provided further, That no mem- Further ber of a dental faculty shall be eligible to membership upon such board.

proviso.

certified.

Such list is to be certified under oath of the secretary of List of names the above named society, as to the qualifications as above set forth, of each person named therein, and filed in the office of the Secretary of State at Lansing, on or before the fifteenth day of September of the present year, and each and every year thereafter. In the event that the secretary shall for Vacancy. any cause neglect, omit, or refuse to file, as aforesaid, such list, then in that case the Governor shall appoint or fill the vacancies on said board without reference to such list, which the aforesaid society has for any cause neglected, omitted or refused to file with the Secretary of State, as herein mentioned but the qualifications of the persons appointed shall be the same as above set forth. The members of the Term of office. board holding office at the time of the passage of this act, shall be continued in office as members of the State Board of Dental Examiners, until the expiration of the term for which they have been appointed. On January first, nineteen hundred fourteen, and annually thereafter, the Governor shall appoint in the manner aforesaid, one member of said board, whose term of office shall be for a period of five years. The several members of said board shall hold office until their respective successors are appointed and qualified, and if any vacancy occurs in said board, another shall be appointed, as aforesaid, to fill the unexpired term thereof. The members of said board shall be electors and reputable dentists and graduates of a reputable dental college, who have resided in this State for at least five years, and have had at least five years' experience in their profession. Said board shall By-laws, etc. have full powers to make by-laws and necessary regulations for the proper fulfillment of their duties under this act. It shall choose one of its members president, and one secretary-treasurer, and shall hold two regular meetings each year,

Quorum.

at such dates and places as may be deemed best. Special meetings may also be held. A majority of the board shall constitute a quorum for the transaction of business. Said board shall keep a full record of its proceedings, and a full registry of all persons licensed and certified as dentists by said board, which shall be public records, and at all times open to inspection as such. A transcript of any of the entries in such record, certified by the secretary-treasurer under the seal of said board, shall at all times and places be competent evidence of the facts therein stated. The members of said board shall have the power to administer oaths and hear testimony in all matters relating to the duties Annual report. imposed upon it by law. Said board shall make an annual report of its proceedings to the Governor on or before the first day of January in each year, which report shall contain a full and complete record of all its official acts during the year immediately preceding, as well as an itemized statement of all receipts and disbursements. A sufficient number of copies of such reports shall be printed in the same manner as other reports of State officers and boards are now printed, under act number forty-four of the public acts of eighteen hundred ninety-nine, as amended, to supply the office of the Secretary of State with one hundred copies for future distribution, and as many copies for use and distribution under the direction of the said board as the said board may deem necessary; but the whole number of copies printed and published shall not exceed twenty-five hundred: Prorided, That not to exceed two hundred copies shall be bound in any other binding than paper: Provided further, That the cost of said printing and binding after audit and allowance by the Board of State Auditors shall be covered back into the State treasury, by the Board of Dental Examiners.

Number printed.

Proviso.

Further proviso.

Application for examination.

SEC. 3. All persons who desire to begin the practice of dentistry in this State after the passage of this act, and who shall have a license from the dental board of another state, requiring preliminary education before examination for license equal to the standard required of applicants for examination for registration in this State, or who shall have received a diploma from the faculty of some reputable dental college duly organized under the laws of this or any other State of the United States, or of any other country, shall have the right to apply to the dental board of this State for examination as to their proficiency; and all successful applicants shall be licensed and registered by said dental board: Provided, That nothing in this act shall deprive a candidate who has already appeared before the board and failed on examination from the privilege of re-examination. Dental college, Said dental board shall be authorized to ascertain and dequalifications termine what shall constitute a dental college or institution in good standing and repute; but no such dental institution

Proviso.

required.

shall be considered reputable unless the same shall possess the following qualifications:

First, It shall be chartered under the laws of the state in which it is located and operated, and shall be authorized by its charter to confer the degrees of Doctor of Dental Surgery or Doctor of Dental Medicine;

Second, It shall deliver annually a full course of lectures Lectures. and instructions by competent faculty, and corps of instructors in the following subjects: Anatomy, chemistry, physiology, histology, materia medica, therapeutics, dental metallurgy, pathology, bacteriology, operative dentistry, prosthetic dentistry, crown and bridge work, and oral surgery, orthodontia and oral hygiene, said course of instructions to consist of not less than three terms in separate academic years, and each term to be of not less than thirty-two weeks of six days for each week, and shall require its matriculates to have a preliminary education of at least four years in an accredited high school, college or university of equal standard;

etc.

Third, The apparatus and equipment of each dental col- Equipment, lege or institution shall be ample and sufficient for the ready and full teaching of the above named subjects, and every such college shall allow said State Board of Dental Examiners of this State the privilege of inspecting its work and equipment at any time.

when revoked.

SEC. 4. The Board of Dental Examiners provided for in Licenses, this act shall have power to revoke or suspend the license of any dentist for any of the following causes:

First, His conviction of a felony or misdemeanor involving moral turpitude, in which case a record of conviction or a certified copy thereof, certified by the clerk of the court or the judge in whose court the conviction is had, shall be conclusive evidence;

Second, For any violation of the provisions of this act; Third, For unprofessional conduct, or for gross ignorance or inefficiency in his profession;

Unprofessional conduct shall mean, employing what, are known as "cappers" or "steerers" to obtain business; or obtaining of any fee by fraud or misrepresentation; wilfully betraying professional secrets; employing directly or indirectly any student, or any suspended or unlicensed dentist to perform operations of any kind, or to treat lesions of the human teeth, or jaws, or to correct malposed formations thereof, except that an unlicensed person may perform merely mechanical work upon inert matter in a dental office or laboratory; the advertisement of dental business or treatment or devices in which untruthful or impossible statements are made, or habitual intemperance or gross immorality.

The proceeding of revoking or suspending any license un- Proceeding. der the first subdivision of this section must be taken by the board, on receipt of a certified copy of the record of conviction. The proceedings under the second subdivision of this

Hearing.

Counsel, may

employ.

Application for examination.

Fee.

Subjects.

section may be taken upon the information of another. All accusations must be in writing, verified by some party familiar with the facts therein charged, and three copies thereof must be filed with the secretary of the board. Upon receiving the accusation, the board shall, if it deems it sufficient, make an order setting the same for hearing, and requiring the accused to appear and answer thereto, at said hearing at a specified time and place, and the secretary shall cause a copy of the order, and of the accusations to be served upon the accused at least twenty days before the day appointed in the order for said hearing, either personally or by registered mail to his last known post office address. The accused must appear at the time appointed in the order, and answer the charges, and make his defense to the same, unless for sufficient cause the board assigns another day for that purpose. If he does not appear, the board may proceed, and determine the accusation in his absence. If the accused pleads guilty, or refuses to answer the charges, but upon the hear ing thereof the board shall find them, or any of them true, it may proceed to a judgment revoking his license, or suspending it. The board and the accused may have the benefit of counsel, and the board shall have power to administer oath, take the depositions of witnesses in the manner provided by law in civil cases, and to compel them to attend in person before it, the same as in civil cases, by subpoena, signed by the secretary of the board, and bearing the seal of the board, and in the name of the people of the State of Michigan. Upon the revocation of any license, the facts shall be noted upon the records of the Board of Dental Examiners, and the license shall be marked as cancelled upon the date of its revocation.

SEC. 5. All persons entitled to examination as provided in this act shall file application in writing, supported by affidavit, stating the facts which entitle him or her to such examination, and each applicant shall before taking said examination present to said board his or her license or diploma for verification as to its genuineness. All applicants for examination shall, at the time of making such application, pay to the secretary-treasurer of the dental board, a fee of twenty dollars, and each applicant shall present himself before the said dental board for examination at the first or second regular meeting after his application shall have been made, and in default thereof, said fee shall be forfeited to said dental board. The fee for any subsequent application for examination or re-examination shall be ten dollars. The examination may be written or oral, or both, at the option of said board, and shall include the following subjects: Anatomy, chemistry, physiology, histology, bacteriology, operative dentistry, prosthetic dentistry, crown and bridge work, oral surgery, oral hygiene and orthodontia. The examination paper of each applicant with his or her name appearing thereon, shall be preserved by said board for a period of six months

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