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CHAPTER 139

(House Bill No. 45-Mr. Howard.)

AN ACT relating to mouth hygiene and the treatment of pupils in the public schools, the same to be section sixty-four-a of chapter two of the acts of nineteen hundred and nineteen, regular session.

[Passed April 8, 1921. In effect ninety days from passage. Governor April 20, 1921.]

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Approved by the

giene; may furnish treatment on request; expense paid out off building fund.

Be it enacted by the Legislature of West Virginia:

That chapter forty-five of the code, as amended by section sixtyfour of chapter two of the acts of one thousand nine hundred and nineteen, be amended and re-enacted by adding thereto section sixtyfour-a.

Section 64-a. The board of education in any school district may, 2 at its discretion, establish and maintain dental clinics or courses 3 for teaching mouth hygienė; and may provide for and furnish 4 treatment, if requested by the parent or guardian or deemed 5 necessary by the board of education, of such children who have 6 defective teeth or mouth conditions, and who shall be found by 7 such board of education, or persons deputized for that purpose, to 8 be unable otherwise to procure such treatment. Any expense 9 incurred in connection herewith shall be paid out of the mainte10 nance building fund of said district.

CHAPTER 140

(Committee Substitute for House Bill No. 485.)

(Committee on Medicine and Sanitation.)

AN ACT to provide for the licensing of dental hygienists and regulating the practice of same.

[Passed April 29, 1921. In effect ninety days from passage.

SEC.

Approved by the

Governor May 4, 1921.]

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1. Dental hygienists; may do certain dental work; be employed by and work under supervision of registered dentists; state board may revoke license, when.

2.

Same: examination of required;
fees for examination; certificate
to practice; qualifications.

2-b. Acting assistants eligible to ex-
amination, when.

Practicing as dental hygienists
unlawfully; penalties for.

3-b. Dental hygiene; definition of.
Inconsistent acts repealed.

4.

Be it enacted by the Legislature of West Virginia:

Section 1. Any registered or licensed dentists may employ 2 assistants who shall be known as dental hygienists. Such dental 3 hygienists may remove the lime deposits, accretions and stains 4 from the exposed surfaces of the teeth and directly beneath the 5 free margin of the gum, or administer preliminary or post opera6 tive treatment for any dento-surgical operation, or administer 7 prophylactic treatment to teeth and gums, but shall not perform 8 any other operation on the teeth or on any diseased tissues of the 9 mouth. They may practice in the office of any registered or 10 licensed dentists under his direct supervision or in any industrial 11 clinic, school clinic or state institutional clinic where they may 12 practice under the general supervision of a registered or licensed 13 dentist. The state board of dental examiners may revoke the 14 license of any dental hygienist who shall perform any operation 15 other than that permitted under the provisions of this section.

Sec. 2. No person shall enter practice.as a dental hygienist 2 in this state until he or she has passed an examination given. 3 them by the board of dental examiners of this state, under such 4 rules and regulations as it may deem fit and proper to formu5 late. The fee for said examination shall be ten dollars, ($10.00), 6 and any applicant failing to pass such examination shall be en7 titled to one additional examination without further cost. The 8 fee for such re-examination after the first shall be five dollars, 9 ($5.00). The said board of dental examiners shall issue certifi10 cates of ability to practice as dental hygienists in this state to 11 those who have passed such examination; provided, however, that 12 no person shall be entitled to such certificate unless they shall at 13 least be eighteen years of age, of good moral character, and shall 14 be a graduate of a class "A" high school or its equivalent and a 15 graduate of a training school for dental hygienists approved by 16 state board of dental examiners, or where the applicant is not per17 mitted to attend such school for dental hygienists which may be 18 approved by said board, then said certificates shall be issued as 19 herein provided, which shall entitle all those to practice as dental 20 hygienists in this state who may possess all other requirements 21 herein mentioned and pass the required examination.

Sec. 2-b. It is further provided that any person acting as an 2 assistant to any licensed dentists in this state for two consecu3 tive years or more previous to this bill becoming a law in effect

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est, convict and punish any person for cruelty, unnecessarily needlessly beating, torturing, mutilating, killing or over-loadand over-driving, or wilfully depriving of necessary sustence, any horse or other domestic animal; to arrest, convict and nish any person for gambling or keeping gaming tables, comonly called A, B, C, or E, O, table or faro bank or keno table, or table of like kind, under any denomination, whether the ame table be played with cards, dice or otherwise, or shall be a partner or concerned in interest, in the keeping or exhibiting such table or bank, or keeping or maintaining any gaming house or place, or betting or gambling for money or anything of value; to license, or prohibit, the operation of pool and billiard rooms and maintaining for hire of pool and billiard tables, and in event any such business is licensed in such town, to make and enforce reason9able ordinances regulating the same; to arrest, convict and punish

any person for carrying about his person any revolver or other pis1 tol, dirk, bowie-knife, razor, slung-shot, billy, metallic or other 12 false knuckles, or any other dangerous or other deadly weapon of 13 like kind or character; to provide penalties for the offenses and 11 violations of law mentioned herein an addition to the penalties 15 provided in section twenty-nine of this chapter but which shall not 46 exceed the penalties provided for like offenses and violations in 47 this chapter and in chapters one hundred and forty-eight, one 48 hundred and forty-nine and one hundred and fifty-one of the code 49 of West Virginia, of one thousand eight hundred and ninety50 nine; to abate or cause to be abated anything which, in the opinion 51 of a majority of the whole council, shall be a nuisance; to regu52 late the keeping of gun-powder and other combustibles; to acquire 53 by purchase, condemnation and otherwise, land in or near the 54 city, town or village for providing and maintaining proper 55 places for the burial of the dead and to regulate interments there56 in upon such terms and conditions as to price and otherwise as 57 may be determined; and in order to carry into effect 58 the foregoing provisions the council may acquire any cem59 etery or cemeteries already established to provide for the regu60 lar building of houses or other structures, and for making of 61 division fences by the owners of adjacent premises and the drain62 age of lots by the proper drains and ditches; to make regula63 lations guarding against danger or damage by fire; to prevent 6- the illegal sale of all intoxicating liquors, drinks, mixtures and

4 shall be eligible to examination for dental hygienist without 5 further requirements; provided, application for such examination 6 be made within six months after the passage of this act.

Sec. 2-c. The examination of applicants shall be both practi2 cal and theoretical, as follows:

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4 Each applicant must bring a patient upon whose teeth tartar 5 deposits can be distinctly seen. The patient must have at least 6 twenty-four (24) natural teeth present in the mouth. No attempt 7 must be made to cleanse the mouth previous to the examination. The examination will consist of (a) scaling and polishing the 9 teeth of this patient; (b) instructing the patient on the home 10 care of the mouth, including instruction in the use of the tooth 11 brush; (c) oral quizzing by the examiners.

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The applicant must come provided with suitable instruments 13 and accessories, including two tooth brushes, to perform the above14 mentioned operations.

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Chairs, tables and cuspidors only will be furnished by the board.

Theoretical Examination.

(1) anatomy; (2) physiology; (3) dental histology; (4) bac18 teriology and sterilization; (5) dental caries and malacclusion: 19 (6) oral prophylaxis.

Sec. 3. The board of dental examiners of this state may, at its 2 discretion, without the examination as herein provided, issue its 3 certificate to any applicant therefor who shall furnish proof satis4 factory to said board that they have been duly licensed to prac5 tice as a dental hygienist in another state after full compliance 6 with the requirements of its dental laws; provided, however, that 7 their professional and preliminary education shall not be less than 8 that required in this state, and that they have been in active prac9 tice at least two years previous to their application for certificate. 10 The board of dental examiners may revoke the registration and 11 license of any dental hygienist violating any provision of this act.

Sec. 3-a. Any person who shall practice as a dental hygienist 2 without first having complied with the provisions of this act shall 3 be guilty of a misdemeanor, and upon conviction thereof, shall be 4 fined not less than fifty dollars ($50.00) and not more than five5 hundred dollars ($500.00), and may be imprisoned not more

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