laws of this state then in force, shall be guilty of a misdemeanor, Penalty for
' c> -' tirst offense
and on conviction thereof shall be punished by a fine of not more ^'^P or iâ„¢-
'^ -^ prisonment;
than $2t5o, or imprisonment for six months for the first offense, ^°r sub-
, sequent
and on conviction of any subsequent ofifense, by a fine of not offense
â– ' ^ â– ' cither or
more than $500 or imprisonment for not less than one year, or j^^'i/'^
by both fine and imprisonment. Any person who shall practise amount
medicine under a false or assumed name, or who shall falsely False per-
' -' sonation a
personate another practitioner of a like or different name, shall felony
be guilty of a felony. When any prosecution under this article
is made on the complaint of any incorporated medical society of
the state, or any county medical society of such county entitled
to representation in a state society, the fines when collected
shall be paid to the society making the complaint, and any ex- Expenses
-^ ^ of society
cess of the amount of fines so paid over the expense incurred by securing
â– ^ _ -^ . prosecution
the said society in enforcing the medical laws of this state, shall Jo be paid
•^ ^ from fines
be paid at the end of the year to the county treasurer. \^As amended
by lazvs of 1895, ^^.398]
Practice of dentistry
Public health /aWj 1893, ch.66i, art.g as amended to June 1902
§ 160 Definitions. As used in this article, the terms University, Regents*^
Regents and physicians have respectively the meanings defined ^'^y^^'^'^^"
in article 8 of this chapter. Board, where not otherwise limited, ^°^'"'^
means the board of dental examiners of the State of New York.
Registered medical or dental school means a medical or dental Registered
o vj.v,ixi.tA.i. jnedical or
school, college or department of a university, registered by the f^hool
Regents as maintaining a proper educational standard and legally
incorporated. Examiner, where not otherwise qualified, means a Examiner
member of the board. State dental society means the Dental Society locilty ^"*^^
of the State of New York. [As amended by lazvs of 1895, ch.626,
1896, c/i.297, 1898, c/i.355 and 1901, c/i.215]
56
NEW YORK STATE EDUCATION DEPARTMENT
Composition
of State
Dental
Society
Annua!
meeting
Officers
Permanent
members
Honorary
members
Existing
district
dental
societies
continued
Formation
of new
societies
§ i6i State dental society. The Dental Society of the State of
New York is continued, and shall be composed of eight delegates
from each district society divided into four classes of two dele-
gates, each to be elected annually, and of two delegates from
each incorporated dental school of the state to be elected an-
nually. The state dental society shall annually meet on the
second Wednesday of May, or at such other time and at such
place as may be determined on in the bylaws of the society or by
resolution, at the preceding annual meeting. Twenty members
shall be a quorum. The society shall elect annually a president,
vice president, secretary and treasurer, who shall hold their
offices for one year, and until others shall be chosen in their
places, and may elect not more than i6 permanent members at
any annual meeting from among eminent dentists of the state,
who shall have all the privileges of delegate members. The
society may elect honorary members from any state or county
not eligible to regular membership, who shall not be entitled to
vote or hold any office in the society. [As amended by lams of
1901, ch.2i^]
§ 162 District dental societies. The existing district dental
societies are continued. In any judicial district in which a dis-
trict dental society is not now incorporated, 15 or more dentists
of such district authorized to practise dentistry- in this state may
become a district dental society of such district, by publishing
a call for a meeting of the dentists of the district to be held at a
time and place mentioned therein within the district, in at least
one newspaper in each county of the district, at least once a
week for at least four weeks immediately preceding the time
when such meeting is to be held, and by meeting at the time and
place specified in such notice with such dentists authorized to
practise dentistry in the district as may respond to such call,
and by making and filing with the secretary of the state dental
society a certificate, to be executed and acknowledged by the
dentists so meeting, or by at least 15 of them, which shall set
forth that such meeting has been held pursuant to such notice,
the corporate name of the society, which shall be the district
dental society of the judicial district where located, the names
and places of residence of the officers of the society for the first
year, or until the first annual meeting, which officers shall be
a president, vice president, secretary and treasurer, the time and
place of the annual meeting of the society, the general objects
and purposes of the association and the names of eight delegates
TT-IE UNIVERSITY LAW 57
to the state society divided into four classes of two delegates
each, to hold office until the first, second, third and fourth annual
meeting thereafter, respectively. And thereon the persons execut-
ing such certificate and all other dentists in good standing and
authorized to practise dentistry in such district, who shall subscribe
to its bylaws, shall be a corporation by the name expressed in such
certificate. [As amended by laws of 1901, ch.21^^
§ 163 Powers of dental societies. Every licensed and registered
dentist in the judicial district in which such society is formed,
shall be eligible to membership in the district society of the district
where he resides or practises dentistry. Every district society shall ^°^|J^ f"*^
at every annual meeting choose two delegates to the state dental ^^^^^
society, each to serve four years, and may fill all vacancies occur- societies
ring in their respective delegations in the state society. Every dis-
trict dental society shall at its annual meeting appoint not less than
three nor more than five censors to continue in office for one year
and until others are chosen, who shall constitute a district board
of censors. The dental societies of the respective districts of the
state shall have power to make all needful bylaws not inconsistent
with the laws of this state for the management of their affairs and
property and the admission and expulsion of members ; providing,
that no bylaw of any district society shall be repugnant to or incon-
sistent with the bylaws of the state society. Said societies may
purchase and hold real and personal estate for the purposes of their
incorporation ; provided that the property of a district society shall
not exceed in value $5000, and the property of the state society shall
not exceed in value $25,000. [As amended by lazvs of 1901, ch.2is]
§ 164 Licentiates. Only the following persons shall be deemed
licensed to practise dentistry :
1 Those duly licensed and resristered as dentists in this state What
■' ° , constitutes
prior to the first day of August, 1895, pursuant to the laws in force license to
at the time of their license and registration.
2 Those duly licensed and registered after the first day of August,
1895, pursuant to the provisions of this chapter. [As amended by
lazvs of 1895, ch.626 and 1901, ch.2is]
§ 165 State board of dental examiners. The existing division of
the State Board of Dental Examiners shall be divided into four ^°^^ ^^^^^^^^
classes and their terms of office shall continue except that said terms JxSnfners
shall expire on the 31st day of July in each year. Before the day^^f^''^^
when the official terms of the members of any of said classes shall
expire, the Regents shall appoint their successors, to serve for thej^^rg
58
NEW YORK STATE EDUCATION DEPARTMENT
Examiners
appointed
by Regents
from nom-
inees of
State Dental
Society
Regents to
fill vacan-
cies
Each ap-
pointee to be
from same
judicial
district as his
predecessor
Board to
meet on call
of Regents
Appointees
must hold
dental degree
and have
practised
dentistry in
this state
not less
than 5 years
Officer
in dental
college
ineligible
Examiner
may be
removed for
cause
Candidate
must sub-
mit satisfac-
tory evidence
as to:
age, char-
acter, pre-
liminary
education
Candidate
must hold
dental degree
M. D, or
foreign
license to
practise
term of four years from said day. Such appointment shall be made
from nominations in number twice the number of the outgoing class
made by such society to the Regents prior to the second Tuesday
in June of each year. In default of such nominations, the Regents
shall appoint such examiners from the legally qualified dentists in
the state belonging to the state dental society. The Regents, in
the same manner, shall also fill vacancies in the board that may
occur. All nominations and appointments shall be so made that
every vacancy in the board shall be filled by a resident of the same
judicial district in which the last incumbent of the office resided.
The board shall elect at its annual meeting from its members a presi-
dent and a secretary and shall hold one or more meetings each year
pursuant to call of the Regents. No person shall be appointed an
examiner unless he shall have received a dental degree from a body
lawfully entitled to confer the same, and in good standing at the
time of its conferment, and shall have been engaged within the state
during not less than five years prior to his appointment in the actual
and lawful practice of dentistry. Nor shall any person connected
with a dental school as professor, trustee or instructor be eligible
to such appointment. Cause being shown before them the Regents
may remove an examiner from office on proven charges of m-
efficiency, incompetency, immorality or unprofessional misconduct.
[As amended by lazvs of 1895, ch.626, 1896, ch.2gy, and 1901,
rA.215]
§ 166 Examinations. The Regents shall admit to examination
any candidate who shall pay the fee herein prescribed [see §i69a]
and submit satisfactory evidence, verified by oath if required, that
he: (i) is more than 21 years of age; (2) is of good moral char-
acter; (3) has a preliminary education equivalent to graduation
from a four year high school course registered by the Regents, or
an education accepted by the Regents as fully equivalent ; (4) sub-
sequently to receiving such preliminary education either has been
graduated in course, with a dental degree from a registered dental
school, or else, having been graduated in course from a registered
medical school with the degree of doctor of medicine, has pursued
thereafter a course of special study of dentistry for at least two
years in a registered dental school, and received therefrom its degree
of doctor of dental surgery, or else holds a diploma or license con-
ferring full right to practise dentistry in some foreign country and
granted by some registered authority. Provided that any person
who then being a bona fide student of dentistry in this state under
THE UNIVERSITY LAW 59
private preceptorship was entitled to file on or before the 31st day
of July 1895, with the secretary of the State Dental Society a cer-
tificate of study under private preceptorship may at any time prior
to the first day of January 1904, upon sworn proof of such fact file
such a certificate with the Regents and thereupon be admitted to
examination before the board. Any member of the board may in- ^ay^^veSi-
quire of any applicant for examination concerning his qualifications late's^cTuiii-
and may take testimony of any one in regard thereto, under oath, fications
which he is hereby empowered to administer. [As amended by laws
of 1895, ch.626, 1896, cA.297, 1901, ch.2i^ and 1902, ch.210]
§ 167 Degrees. No degree in dentistry shall be conferred in
this state except the degree of doctor of dental surgery. Said degree
shall not be conferred upon any one unless he shall have satis-
factorily completed a course of at least three years in a registered Requirements
dental school, or having been graduated in course from a registered degree
medical school v^'ith the degree of doctor of medicine shall have pur-
sued satisfactorily thereafter a course of special study of dentistry
for at least two years in a registered dental school ; nor shall said
degree be conferred upon any one, unless prior to matriculation in
the institution conferring his professional degree, or before begin-
ning the second course of lectures counted toward such degree he
shall have filed with said institution a Regents certificate that he has
received the required preliminary education evidenced as aforesaid ;
provided further, however, that the Regents may confer upon all per-
sons who shall have received the degree of master of dental surgery
imder the laws of this state, prior to the taking effect of this act, the
degree of doctor of dental surgery in lieu of said master's degree.
[As amended by laws of 1895, ch.626, 1896, (7/2.297 <^"^ 1901,
ch.2i^]
§ 168 Licenses. On certification by the Board of Dental Exam- candidate
iners that a candidate has successfully passed its examination and board^to ^
is competent to practise dentistry, the Regents shall issue to him [fcenll
their license so to practise pursuant to the rules established by them.
On the recommendation of the board, the Regents may also, with-
out the examination hereinbefore provided for, issue their license mivTicense
to any applicant therefor who shall furnish proof satisfactory to practft^oner
them that he has been duly graduated from a registered dental g^°™ °j.^®^
school and has been thereafter lawfully and reputably engaged in 5^°';^"j^g'
such practice for six years next preceding his application ; or who cations not
holds a license to practise dentistry in any other of the United States New\ork
granted by a state board of dental examiners, indorsed by the Dental fp^^ifd^nts
Society of the State of New York ; provided, that in either case b^board
6o
NEW YORK STATE EDUCATION DEPARTMENT
to have
qualifications
equivalent to
New York
requirements
License so
issued to
state reasons
on face
Unregistered
practising
dentists to
register
in county
clerk's office
May register
only on show-
ing proof of
legal right
to practise;
making
affidavit of
identity;
of compliance
with prelim-
inary re-
quirements,
and of ab-
sence of
fraud or
bribery in
procuring
license
County
clerk to
give certifi-
cate of regis-
tration
Certificate
and license
to be pre-
sumptive
evidence
Clerk's
fee $1
Practising
dentist may
register in
another
county on
proof of
existing
legal registra-
tion
Fee
his preliminary and professional education shall have been not lese
than that required in this state. Every license so issued shall state
on its face the grounds on which it is granted and the applicant may
be required to furnish his proofs on affidavit. [As amended by laws
of 1895, ch.626, 1896, cA.297, 1898, (:/f.355 and igoi, ch.21^]
§ 169 Registration. Every person practising dentistry in this
state and not lawfully registered before this section takes effect
shall register in the office of the clerk of the county where his
place of business is located, in a book kept by the clerk for such
purpose, his name, age, office and postoffice address, date and num-
ber of his license to practise dentistry and the date of such regis-
tration, which registration he shall be entitled to make only upon
showing to the county clerk his license or a duly authenticated
copy thereof, and making an affidavit stating name, age, birthplace,
the number of his license and the date of its issue; that he is the
identical person named in the license ; that before receiving the
same he complied with all the preliminary requirements of this
statute and the rules of the Regents and board as to the terms and
the amount of study and examination ; that no money, other than
the fees prescribed by this statute and said rules, was paid directly
or indirectly for such license, and that no fraud, misrepresentation
or mistake in a material regard was employed or occurred in order
that such license should be conferred. The county clerk shall pre-
serve such affidavit in a bound volume and shall issue to every
licentiate duly registering and making such affidavit a certificate
of registration in his county, which shall include a transcript of the
registration. Such transcript and the license may be offered as
presumptive evidence in all courts of the facts stated therein. The
county clerk's fee for taking such registration and affidavit and
issuing such certificate, shall be $1. A practising dentist having
registered a lawful authority to practise dentistry in one county
of the state and removing such practice or part thereof to another
county, or regularly engaging in practice or opening an office in
another county, shall show or send by registered mail to the clerk
of such other county his certificate of registration. If such certifi-
cate clearly shows that the original registration was of an authority
issued under seal by the Regents, or if the certificate itself is
indorsed by the Regents as entitled to registration, the clerk shall
thereupon register the applicant in the latter county, on receipt of
a fee of 25 cents, and shall stamp or indorse on such certificate, the
date and his name, preceded by the words, " registered also in , , ,
THE UNIVERSITY LAW 6l
county," and return the certificate to the applicant. Any person
who having lawfully registered as aforesaid shall thereafter change
his name in any lawful manner shall register the new name with
marginal note of the former name ; and shall note upon the
margin of the former registration the fact of such change and
a cross reference to the new registration. A county clerk who
knowingly shall make or suffer to be made upon the book of
registry of dentists kept in his office any other entry than is pro-
vided for in this section shall be liable to a penalty of $50 to be
recovered by the State Dental Society in a suit in any court
having jurisdiction. [As amended by laivs of 1895, ch.626, 1896,
ch.2gy and 1901, ch.21^]
^ § 169a Examination fees. Every applicant for license to prac- License
tise dentistry shall pay a fee of not more than $25. From the fees '^^ ^^
provided by this article the Regents may pay all proper expenses Regents to
incurred by them under its provisions, and any surplus at the fmmfee^^^^
end of any academic year shall be paid to the society nominat-
ing the examiners to defray its expenses incurred under the law.
[As amended by lazvs of 1895, ch.626, 1896, cli.2g'/ and 1901,
c/i.2is]
§ 169b Revocation of licenses. If any practitioner of dentistry Practitioner
be charged under oath before the board with unprofessional or under oath
immoral conduct, or with gross ignorance, or inefficiency in his ness, to be
profession, the board shall notify him to appear before it at an ap- by board
pointed time and place, with counsel, if he so desires, to answer
said charges, furnishing to him a copy thereof. Upon the report
of the board that the accused has been guilty of unprofessional if board
1 . . - . reports
or immoral conduct, or that he is grossly ignorant or mefficient charges
° -^ ^ true. Regents
in his profession, the Regents may suspend the person so charged may suspend
. . . or revoke
from the practice of dentistry for a limited season, or may revoke license
his license. Upon the revocation of any license, the fact shall be
noted upon the records of the Regents and the license shall be Registra-
marked as canceled, of- the date of its revocation. Upon pre- canceled
sentation of a certificate of such cancelation to the clerk of any of certificate
county wherein the licentiate may be registered, said clerk shall of license
note the date of the cancelation on the register of dentists and conviction
cancel the registration. A conviction of felony shall forfeit a forfel?"^
license to practise dentistry, and upon presentation to the Re- ^''^^"se
^ See also laws of 1905, chapter 700.
2 So in official condition.
62
NEW YORK STATE EDUCATION DEPARTMENT
Practise
of dentistry
after convic-
tion of felony
a misde-
meanor. If
conviction
reversed,
license again
Ulcerative
Law permits
practice on
models,
student
assistance,
and treatment
by licensed
physicians
No unlicensed
dental
operation
Unlicensed
practise a
misdemeanor
$50 fine for
first offense;
for later
offense $100
fine, or im-
prisonment
or both
gents or a county clerk by any public officer or officer of a den-
tal society of a certified copy of a court record showing that
a practitioner of dentistry had been convicted of felony, that
fact shall be noted on the record of license and clerk's register,
and the license and registration shall be marked canceled. Any
person who, after conviction of a felony shall practise dentistry
in this state, shall be subject to all the penalties prescribed for
the unlicensed practice of dentistry [see §i69d], providing that if
such conviction be subsequently reversed upon appeal and the
accused acciuitted or discharged, his license shall become again
operative from the date of such acquittal or discharge. [As amended
by lazvs of 1895, ch.626, 1896, ch.2gy and 1901, eh.2ic^]
§ 169c Construction of this article. This article shall not be
construed to prohibit an unlicensed person from performing merely
mechanical work upon inert matter in a dental office or labora-
tory, or the student of a licentiate from assisting the latter in
his performance of dental operations while in the presence and
under the personal supervision of his instructor ; or a student in
an incorporated dental school or college from performing opera-
tions for purposes of clinical study under the supervision and
instruction of preceptors ; or a duly licensed physician from
treating diseases of the mouth or performing operations in oral
surgery. But nothing in this article shall be construed to permit
the performance of independent dental operations by an unli-
censed person under cover of the name of a registered practi-
tioner or in his office. Nor shall anything in this article be
construed to require of students already matriculated in registered
dental or medical schools when this act shall take effect, or stu-
dents matriculated in such schools before the first day of Janu-
ary, 1905, any other or higher qualification for the dental license
or degree than was demanded by existing laws as interpreted by
the regulations of the Regents at the date of their matriculation.
[As amended by lazvs of 1895, ch.626 and 1901, f/7.215]
§ i69d Penalties, a A person who, in any county of this state,
practises or holds himself out to the public as practising den-
tistry, not being at the times of said practice or holding out a
dentist licensed to practise as such in this state and registered
in the office of the clerk of such county pursuant to the general
laws regulating the practice of dentistry, is guilty of a misde-
meanor, and punishable upon conviction of a first offense by a
fine of not less than $50, and upon conviction of a subsequent
THE UNIVKRSITY LAW 63
offense bv a fine of not less than $ioo, or by imprisonment for
not less than two months, or by both such fine and imprison-
ment. Any violation of this section by a person theretofore con- violation
,-',, ... -,. . .. by convicted
victed under the then existmg laws oi this state ot practising illegal prac-
dentistry without license or registration shall be included in the
term a subsequent offense.
Every conviction of unlawful practice or holding out subse-
quent to a first conviction thereof shall be a conviction of a
second offense. Every practitioner of dentistry must display in
a conspicuous place upon the house or in the office wherein he
practises his full name. If there are more chairs than one in any
office or dental parlor the name of the practitioner must be dis-
played on or by said chair in plain sight of the patient. Any per- Nondispiay
, 111 • 1 • • 1 1 • 1 • 1 • of name a
son who shall practise dentistry without aisplaymg his name misdemeanor
as herein prescribed ; and any proprietor, owner or manager of
a dental office, establishment or parlor who shall fail so to dis-
play or cause to be displayed the name of each person employed