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§ 1171. | § 1172. | § 1173. | § 1174. | § 1175. | § 1176. | § 1177. | § 1178. | § 1179. | § 1180. | § 1181.

TITLE 24

Professions and Occupations

CHAPTER 11. DENTISTRY AND DENTAL HYGIENE

Subchapter IV. Violations and Penalties; Enforcement

§ 1171. Name used in practice of dentistry; penalty.

Whoever practices or offers to practice dentistry or dental surgery under any

name except the practitioner's proper name, which is the name in the license

granted to the practitioner as a dentist, as provided in this chapter; or

whoever uses the name of any company, association, corporation, office,

parlor, trade name, business name or a successor thereto, in connection with

the practice of dentistry as defined in this chapter; shall be fined for the

first offense not less than $100 nor more than $200 and for any subsequent

offense shall be fined not more than $500, and the license shall be revoked by

the Board.

(Code 1915, § 892T; 38 Del. Laws, c. 48, § 2; Code 1935, § 993; 24 Del. C.

1953, § 1171; 70 Del. Laws, c. 186, § 1.)

§ 1172. Unlawful acts; penalty.

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.)

§ 1173. Failure to display dentistry license; penalty.

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.)

§ 1174. Practice of dentistry after cancellation of registration.

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.)

§ 1175. Filing of false documents or forged affidavits; penalty.

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 $500 nor more than $2,000 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.)

§ 1176. Certain specific offenses; penalty.

Whoever commits any of the offenses specified in § 1131 of this title shall be

fined for the first offense not less than $100 nor more than $200 and for any

subsequent offense shall be fined not more than $500, and the person's

license shall be revoked by the Board.

(Code 1915, § 892M; 38 Del. Laws, c. 48, § 2; Code 1935, § 986; 24 Del. C.

1953, § 1176; 49 Del. Laws, c. 220, § 26; 70 Del. Laws, c. 186, § 1.)

§ 1177. Sale or offer to sell, procurement, alteration or use of diploma,

license or certificate; penalty.

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

one 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 $100 nor

more than $200.

(Code 1915, § 892X; 38 Del. Laws, c. 48, § 2; Code 1935, § 997; 24 Del. C.

1953, § 1177.)

§ 1178. Practice without registration or certificate; separate offenses;

penalty.

Whoever practices or attempts to practice dentistry or dental hygiene within

this State without having been registered, or without having obtained a

certificate to practice dentistry or dental hygiene or during the period of

suspension or revocation of such certificate previously granted shall be fined

not less than $100 nor more than $200, 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 $200 nor more than $500 and imprisoned not less

than 6 months nor more than 1 year.

Each act of practice or attempt to practice dentistry or dental hygiene under

the disabilities described in this section and each day on which any person

offers services as a practitioner under any name except the person's own 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.)

§ 1179. Penalty in absence of specific designation.

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 $50 nor more than $100.

(Code 1915, § 892Z; 38 Del. Laws, c. 48, § 2; Code 1935, § 999; 24 Del. C.

1953, § 1179; 65 Del. Laws, c. 210, § 12.)

§ 1180. Second or subsequent offenses.

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.)

§ 1181. Enforcement of chapter; prosecution for violations.

(a) The Secretary-Treasurer of the Board shall enforce the provisions of all

laws relating to the practice of dentistry and dental hygiene in this State.

(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 assistants.

(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.)

NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 421, effective August 21, 2008.

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