10 a felony involving moral turpitude; or chronic or persistent 11 inebriety or addiction to drugs; or if the person holding such 12 license shall advertise to practice dentistry without causing pain, 13 or shall in any other manner advertise with a view of deceiving or 14 defrauding the public, or advertise to use any drug, nostrum, 15 patent or other proprietary drug or medicine of any unknown 16 formula, or be guilty of any grossly unprofessional conduct likely 17 to deceive or defraud the people.

18-19 In all proceedings for a suspension or revocation of license the 20 holder thereof shall be given thirty days notice to prepare for a 21 hearing, and he shall be heard in person or by counsel or by both. 22 The president and secretary of the state board of dental exam23 iners shall have the power to administer oaths in the hearing of 24 all matters arising in the course of their duties, and in such trials 25 as are herein referred to the state board of dental examiners 26 may take such oral or written proof for or against the complain27 ant, as it may deem advisable in the premises. In all cases of re28 fusal to issue license, suspension or revocation, the applicant or 29 holder may appeal to the courts of the state within thirty days af30 ter such action by the state board of dental examiners.

Examination Fees and Compensation to Members of the Board.

(7). In order to provide the means for carrying out 2 and enforcing the provisions of this act, the said board shall 3 charge each person applying for an examination for a license to 4 practice dentistry in this state an examination fee of twenty-five 5 dollars, and in addition thereto a fee of two dollars for every li6 cense or duplicate license issued by said board. Said board shall 7 allow a reasonable salary to the secretary-treasurer for his ser8 vices. Said board shall make an annual report of its proceedings 9 to the governor on or before the thirty-first day of December each 10 year, showing all moneys received and disbursed by it pursuant to 11 this act.

Biennial Registration.

(8). In order to secure accurate registration lists of . 2 the dentists in the state of West Virginia, every person now regis3 tered as a dentist within this state shall, within six months after 4 this act takes effect, make application to the secretary of the board

5 of dental examiners for renewal of such license, and if the board 6 of dental examiners shall find that such applicant has been le7 gally registered within this state, it shall issue to him a renewal 8 of such license, and for such services shall be entitled to charge 9 and collect a sum of one dollar. Said renewal shall be valid for 10 the period of two years from date of issuance. Notification of 11 the biennial renewal shall be given by the secretary of the board 12 of dental examiners at least thirty days prior to the expiration of 13 same.

Penalty for Fraud in Obtaining Certificate of Registration.

(9). Any person filing or attempting to file as his own 2 the diploma or license of another, or a forged affidavit of identifica3 tion or qualification, shall be deemed guilty of a felony and be pun4 ishable, upon conviction, according to the law of the state covering 5 such offense.

Dentistry Defined.

(10). Any person shall be regarded as practicing dent2 istry, within the meaning of this act, who shall diagnose or pro3 fess to diagnose, or treat, or profess to treat, any of the diseases 4 or lesions of the oral cavity, teeth, gums, maxillary bones, 5 or shall prepare or fill cavities in human teeth, correct 6 malposition of teeth or jaws, or supply artificial teeth as substi7tutes for natural teeth, or administer anaesthetics, general or lo8 cal, or any other practice included in the curricula of recognized 9 dental colleges; provided, that nothing in this act shall be so con10 strued as to prevent regularly licensed physicians and surgeons 11 from extracting teeth or treating any disease coming within the 12 province of the practice of medicine; provided, further, that this 13 shall not be construed to prohibit an unlicensed person performing 14 merely mechanical work upon inert matter in a dental office or lab15 oratory, or extracting teeth.

Signature, Seal, Etc., on Licenses.

(11). All licenses issued by said board shall bear a serial 2 number, the full name of the applicant, the date of the issue, 3 the seal of the board, and be signed by a majority of the members 4 and attested by its president and secretary.

Unlawful to Practice Under the Name of a Company.

(12). It shall be unlawful for any person or persons 2 to practice or offer to practice dentistry or dental surgery under 3 the name of a company, association or corporation, except all mem4 bers of said company, association or corporation be legally licensed 5 dentists in West Virginia, and are individually responsible for 6 their own operations.

Dental Reciprocity.

(13). Said board may, at its discretion, after an oral 2 or clinical examination issue a license to practice dentistry, to a 3 legal and ethical practitioner of dentistry who removes to West 4 Virginia, and in which he or she conducted a legal practice of dent5 istry immediately preceding his or her removal; provided, 6 such applicant shall present a certificate from the den7 tal board, or a like board of the state or territory from which 8 he or she removes, certifying that he or she is a legal, competent 9 dentist, and of good moral character; and, provided, further, that 10 such certificate is presented to the West Virginia state board of 11 dental examiners within six months of the date of its issue and 12 that the board of such other state or territory shall permit in like 13 manner by law the recognition of licenses issued by the West Vir14 ginia state board of dental examiners when presented to such 15 other board by legal practitioners of dentistry from this state who 16 may wish to remove to or practice in such other state or terri17 tory.

Reciprocity on Leaving State.

(14). Any one who is a legal or competent practitioner 2 of dentistry in the state of West Virginia, and of good 3 moral character, and known to the board of dental examiners as 4 such, who shall desire to change his or her residence to another 5 state or territory or foreign country, shall, upon application to 6 said board of dental examiners, receive a special certificate over 7 the signature of the president and secretary of said board and 8 bearing its seal, which shall attest the facts above mentioned in 9 paragraph thirteen, and give the date upon which he or she was 10 registered and licensed.

Reciprocity Fees.

(15). The fee for issuing the license to a legal prac2 titioner from another state, as provided in paragraph thirteen, shall 3 be fifty dollars, and a fee for issuing a certificate to a legal practi4 tioner in this state, as provided in paragraph fourteen, shall be five 5 dollars, and in each case the fee shall be paid before the license or 6 certificate respectively shall be issued.

Penalty for Practicing Without License or Certificate.

(16). Any person who shall practice or attempt to prac2 tice dentistry in this state without having been licensed and 3 registered for that purpose, as herein provided, or shall violate any 4 of the provisions of this act for which no specific penalty has been 5 provided herein, shall be guilty of a misdemeanor and, on convic6 tion, subject to a fine of not less than twenty-five dollars, nor more 7 than one hundred dollars for each offense, and each act of dentistry 8 shall be deemed a separate offense and constitute a practice of dent9 istry within the meaning of this act, and each day that a person 10 may hold himself out as practicing in his own or any name, shall 11 be deemed a separate offense. The opening of an office for the 12 practice of dentistry, or to announce to the public in any way a 13 readiness to do any act defined herein as being dentistry, shall be 13-a deemed as engaging in the practice of dentistry within the mean14 ing of this act.

15 Nothing in this act shall apply to a bona fide student of dent16 istry in the clinic rooms of a reputable dental college, or under the 17 direct supervision of a preceptor who is a licensed dentist in this 18 state.

(17). Any failure, neglect or refusal on the part of 2 any person obtaining a license to practice dentistry from the state 3 board of dental examiners to register said license with the county 4 clerk of county or counties in which he or she is practicing within 5 six months from the date of issuance of such license, or failure to 6 comply with paragraph eight of this act, shall be a misdemeanor, 7 and upon conviction thereof the offender shall be fined the sum of 8 ten dollars.

Disposition of Fines and Fees.

(18). All fees collected under the provisions of this

2 act shall be paid to the secretary-treasurer of the West Virginia 3 board of dental examiners for the creation of a fund to assist in 4 the enforcement of this act.

Druggists May Fill Dentists' Prescriptions.

(19). Legally licensed druggists of this state may fill 2 prescriptions of legally licensed dentists of this state for any drug 3 necessary to the practice of dentistry.

(20). This act shall not prevent students from per2 forming dental operations under the supervision of competent in3 structors within a dental school, college or dental department of 4 a university recognized by the national association of dental ex5 aminers.

(21). The secretary of the state board of dental ex2 aminers shall file all records and transactions of the business of 3 said board for future reference, and all manuscripts used in any 4 examination shall be filed by said secretary with the secretary of 5 state for safe keeping for a period of one year.

(22). This act shall become effective on July the first,

2 one thousand nine hundred and fifteen.

3

All acts or parts of acts not included in this act are hereby 4 repealed.

CHAPTER 33

(Senate Bill No. 101.)

AN ACT to regulate the practice of veterinary surgery, veterinary medicine and veterinary dentistry, to create a veterinary examining board in the state of West Virginia, and prescribing its duties and penalty for the violation thereof.

[Passed February 10, 1915. In effect ninety days from passage. Approved by the Governor February 16, 1915.]