TITLE 24

Professions and Occupations

CHAPTER 11. DENTISTRY AND DENTAL HYGIENE

Subchapter IV. Violations and Penalties; Enforcement


(a) Any dentist who practices or offers to practice dentistry or dental surgery may use a trade name that is not false, misleading or deceptive provided that the proper name of 1 of the owners, all of whom must be dentists, is used in conjunction with the trade name.

(b) Advertisements in any medium shall include the name, as it appears on the current biennial renewal certificate, and the degree — D.D.S. or D.M.D. — of at least 1 licensed dentist who is an owner of the dental facility.

(c) A directory listing all of the names of the dentists practicing at that location shall be prominently displayed in the entrance or reception area of the dental facility.

(d) The names of dentists who have practiced under the trade name shall be maintained in the records of the dental facility for at least 5 years following their departure from the practice.

(e) The use of the name of a dentist no longer actively associated with the practice may not be continued for longer than 1 year.

(f) A trade name may not include the word "clinic" unless the name designates a public or nonprofit facility.

(g) A trade name may not include the word "institute" unless the name designates an educational or research facility.

(h) A trade name may not, by the use of plurals or otherwise, misrepresent the number of dentists practicing at a facility.

Code 1915, § 892T; 38 Del. Laws, c. 48, § 2; Code 1935, § 993; 24 Del. C. 1953, § 1171; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 463, § 36.;

Whoever employs a person who is not a licensed dentist to perform dental operations as defined in this chapter or permits such persons to practice dentistry in the employer's office; or whoever practices dentistry under a false name or assumes a title or appends or prefixes to that person's name letters which falsely represent the person as having a degree from a chartered dental college, or makes use of the words "dental college" or "dental school" or equivalent words when not lawfully authorized so to do, or impersonates another at an examination held by the Board, 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.

Code 1915, § 892Y; 38 Del. Laws, c. 48, § 2; Code 1935, § 998; 24 Del. C. 1953, § 1172; 70 Del. Laws, c. 186, § 1.;

Whoever engages in the practice of dentistry and fails to keep displayed in the place where the person practices, and in such manner as to be easily seen and read, the license granted pursuant to the laws of this State shall be fined not less than $10 nor more than $50.

Code 1915, § 892W; 38 Del. Laws, c. 48, § 2; Code 1935, § 996; 24 Del. C. 1953, § 1173; 70 Del. Laws, c. 186, § 1.;

Any person whose registration as a practitioner of dentistry has been cancelled under this chapter shall be deemed an unregistered person and subject as such to the penalties prescribed for the practice of dentistry by persons who are not duly registered.

Code 1915, § 892S; 38 Del. Laws, c. 48, § 2; Code 1935, § 992; 24 Del. C. 1953, § 1174.;

Whoever files or attempts to file as that person's own the diploma, certificate or license of another or a forged, false affidavit of identification or qualification is guilty of a felony and shall be fined not less than $1,000 nor more than $5,000 and imprisoned not more than 5 years.

Code 1915, § 892L; 38 Del. Laws, c. 48, § 2; Code 1935, § 985; 24 Del. C. 1953, § 1175; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 463, § 37.;

Repealed by 77 Del. Laws, c. 463, § 46, effective July 30, 2010.;

Whoever sells or offers to sell a diploma conferring a dental degree or a license or a certificate granted pursuant to this chapter or procures such diploma or license or certificate with intent to use the same as evidence of the right to practice dentistry as defined by law, by a person other than the 1 to whom such diploma was issued or to whom such license was granted or any person who, with fraudulent intent, alters such diploma or license or certificate or attempts to use the same shall be fined not less than $1,000 nor more than $5,000.

Code 1915, § 892X; 38 Del. Laws, c. 48, § 2; Code 1935, § 997; 24 Del. C. 1953, § 1177; 77 Del. Laws, c. 463, § 38.;

Whoever practices or attempts to practice dentistry or dental hygiene within this State without having been licensed to practice dentistry or dental hygiene or during the period of suspension or revocation of such license previously granted shall be fined not less than $500 nor more than $1,000, or imprisoned not less than 1 month nor more than 1 year, or both, and, upon a second or any subsequent offense, shall be fined not less than $1,000 nor more than $5,000 and imprisoned not less than 6 months nor more than 1 year.

Each act of practice or attempt to practice dentistry or dental hygiene in violation of this section shall be a separate offense.

Code 1915, § 892P; 38 Del. Laws, c. 48, § 2; Code 1935, § 989; 24 Del. C. 1953, § 1178; 49 Del. Laws, c. 287; 65 Del. Laws, c. 210, § 12; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 463, §§ 39-41.;

Whoever violates any provision or law relating to the practice of dentistry or dental hygiene or the application for examination and licensing of dentists and registration of dental hygienists, for which no specific penalty has been prescribed, shall be fined not less than $500 nor more than $1,000.

Code 1915, § 892Z; 38 Del. Laws, c. 48, § 2; Code 1935, § 999; 24 Del. C. 1953, § 1179; 65 Del. Laws, c. 210, § 12; 77 Del. Laws, c. 463, § 42.;

Whoever is convicted of a second or subsequent offense under § 1172, § 1173, § 1177 or § 1179 of this title shall be punished by the maximum fine prescribed in such section or by imprisonment for not less than 10 nor more than 60 days or by both such fine and imprisonment.

Code 1915, § 892AA; 38 Del. Laws, c. 48, § 2; Code 1935, § 1000; 24 Del. C. 1953, § 1180.;

(a) [Repealed.]

(b) All violations of the laws relating to the practice of dentistry and dental hygiene shall be prosecuted in courts of this State by the Attorney General or one of the Attorney General's deputies.

17 Del. Laws, c. 496, § 7; 21 Del. Laws, c. 242, § 4; Code 1915, § 892; 38 Del. Laws, c. 48, § 2; Code 1935, § 973; 24 Del. C. 1953, § 1181; 65 Del. Laws, c. 210, § 12; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 463, §§ 43, 44.;