CHAPTER 93

STATE BOARD OF DENTAL EXAMINERS

AN ACT TO AMEND CHAPTER 30 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, RELATING TO STATE BOARD OF DENTAL EXAMINERS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 5 of said Chapter 30 of the Revised Code of the State of Delaware, 1935, being Code Section 969 of said Code be and the same is hereby amended by striking out all of said Section and substituting in lieu thereof the following Section to be known as 969, Sec. 5:

969. Sec. 5. Officers; Rules and Regulations; Meetings; Granting or Revoking Licenses; Concurrence of Majority Necessary:--The said Board of Dental Examiners shall organize by electing from its membership a President and a Secretary-Treasurer. The Board shall make and adopt such rules and regulations not inconsistent herewith, as it deems necessary; it shall meet upon call of the President and shall hold, at least, one meeting each year, in such place as may be designated by said Board, for the purpose of conducting examinations to determine the fitness of applicants for licenses to practice dentistry, and oral hygiene, respectively, under this Chapter, and the date of this meeting shall be published in the dental Journals at least thirty days before its occurrence; 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 Chapter.

Section 2. That Section 11 of said Chapter 30 of the Revised Code of the State of Delaware, 1935, being Code Section 975 of said Code, be and the same is hereby amended by striking out all of said Section and substituting in lieu thereof the following Section to be known as 975. Sec. 11:

has never been admitted to the lawful practice of dentistry and who desires to practice dentistry within the State of Delaware shall file with the Secretary-Treasurer of the Delaware State Board of Dental Examiners, at least fourteen days before the date set for the regular meeting of said Board, a written application for a license and furnish satisfactory proof that he is a citizen of a state or territory of the United States of America, is twenty-one years of age, of good moral character and reputation; that before matriculating in a dental college he has attended a college or university recognized by The Delaware State Board of Dental Examiners for at least two years and there taken such courses as the said Board shall prescribe; that he is a graduate of a dental college approved by the said Board and that during his four years in dental school he has maintained a scholastic standing in all of the prescribed courses of such rank as the said Board may from time to time prescribe; and provided further, that after the year 1943, the said applicant must show proof of having spent one year as a dental interne in school, institution, hospital, or public clinical work, or in lieu thereof five years of active dental practice in some other state or territory of the United States of America. Such application must be upon the form prescribed by the said Board, verified by oath before a Notary Public and accompanied by such fee as may be prescribed by said Board from time to time, together with a recent unmounted autographed photograph of the applicant. The said Board may reject any applications failing to comply with any or all of the provisions of this chapter without further consideration, provided that persons who on April 6, 1939, were and still are, bona fide matriculants in a dental college approved by the Board shall not be subject to the internship requirements set up in this Chapter.

Section 3. That Section 12 of said Chapter 30 of the Revised Code of the State of Delaware, 1935, being Code Section 976 of said Code, be and the same is hereby amended by striking out all of said Section and substituting in lieu thereof the following Section to be known as 976. Sec. 12:

Certificate:--An applicant for a license to practice dentistry shall appear before The Delaware State Board of Dental Examiners at its first meeting after the filing of his or her application accompanied by such fee as shall be prescribed by said Board from time to time, and pass a satisfactory examination consisting of practical demonstrations and written or oral tests, or both, in such subjects as the said Board may from time to time prescribe. Provided, that the Board may waive the theoretical examination in the case of an applicant who furnishes proof satisfactory to said Board that he is a citizen of a state or territory of the United States of America, and a graduate of a reputable dental college of a State or Territory of the United States, approved by said Board, or holds a license from a Dental Board with requirements equal to those of the State of Delaware; provided, that if the applicant's date of graduation from Dental School is after the year 1910 but before April 6, 1939, he must qualify as of his graduation year with the requirements of the New York Board of Regents for the practice of dentistry in New York State, for that year and that for five consecutive years next prior to filing his application, has been in the lawful and reputable practice of dentistry in a State or Territory of the United States from which he applies; and provided, that the laws of such State or Territory accord equal rights to a practitioner of dentistry of the State of Delaware who desires to practice his profession in such State or Territory of the United States. An applicant desiring to register in the State of Delaware under this section must furnish the Board of Dental Examiners with a letter from the Secretary-Treasurer 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. The Board may, in its discretion, refuse to grant a certificate to practice dentistry to any person found guilty of making a false statement, of cheating, or of fraud or deception, either in applying for such certificate or taking said examination.

said Code, be and the same is hereby amended by striking out all of said Section and substituting in lieu thereof the following Section to be known as 980, Section 16.

980. Sec. 16. Application for Certificate to Practice Oral Hygiene; Contests of Application; Education Qualifications; Fee:--Any female person of good moral character, and a citizen of a state or territory of the United States of America, being not less than 18 years of age, who desires to register as an oral hygienist in the State of Delaware and files with the Secretary-Treasurer of The Delaware State Board of Dental Examiners a written application for a license at least fourteen days before the time set for the examination and furnishes approved by the said Board and of a training school for oral hygienists requiring a course of not less than one academic year, and approved by the said Board, may make application to be registered as an oral hygienist in the State of Delaware upon the form prescribed by the said Board, verified by oath, and accompanied by such fee as may be prescribed by said Board from time to time, and a recent unmounted autographed photograph of the applicant. If the applicant shows satisfactory proof that she has spent at least one year in school, institutional, or public clinical work, then upon passing a satisfactory examination, she may be fully registered. Otherwise, any applicant, before receiving a final certificate of registration to practice oral hygiene within the meaning of this Chapter, must produce satisfactory evidence of having spent one year in school, institutional, or public clinical work.

Section 5. That Section 19 of said Chapter 30 of the Revised Code of the State of Delaware, 1935, being Code Section 983 of said Code, be and the same is hereby amended by striking out all of said Section and substituting in lieu thereof the following Section to be known as 983, Section 19:

983. Sec. 19. Oral Hygienist Registered in Other State May Be Registered in Delaware; Where; Fee:--Any oral hygienist of good moral character, and a citizen of a State or Territory of the United States of America, duly registered 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 State of Delaware, 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 State of Delaware a certificate from the examining board of the State or Territory in which she is registered, certifying to her professional qualifications and length of service, may, at the discretion of the Board, be registered in the State of Delaware, upon the payment of such fee as may be prescribed by said Board from time to time. Any person so applying, who has been registered in a State not maintaining an equal standard of laws with the State of Delaware, may be registered upon the payment of the fee above provided for, upon furnishing satisfactory evidence as to registration, good moral character, education and professional qualifications and passing such further examination as the Board of Dental Examiners shall deem necessary.

Section 6. That Section 22 of said Chapter 30 of the Revised Code of Delaware, 1935, being Code Section 986 of said Code, be and the same is hereby amended by striking out all of paragraph No. (6) of said Section 22 and substituting in lieu thereof the following paragraph to be known as (6) of said Section 22.

(6) That the holder thereof has advertised professional superiority or the performance of professional services in a superior manner, or advertised to perform painless operations of a dental or surgical nature, or advertised in any manner whatsoever.

Section 7. All acts or parts of acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Approved May 1, 1939.

NOTE: Omissions herein--so enrolled.