CHAPTER 54. DENTISTRY. Section numbers to notes refer to the Revised Statutes of 1914 and sections herein. The state board of dental examiners in determining that an appellant is not entitled to a certificate to practice dentistry under this section, acts as an administrative body rather than a judicial tribunal. Indiana State Board of Dental Examiners v. Davis, - App., 121 N. E. 142. 6105. Examiners, appointment, terms. The appellate court is not required to determine the validity of a requirement under this section and section 6106, that the applicant for a reciprocal recognition of certificate presented to board of dental examiners shall be a member of the state dental society in such reciprocal state. Indiana State Board of Dental Examiners v. Davis, App. -, 121 N. E. 142. Under this section and sections 6106, 6118, relating to license for practice of dentistry, the appellate court will not determine the validity of a requirement of a rule established by the board of dental examiners relating to reciprocal relations established with other states. Indiana State Board of Dental Examiners v. Davis, App. 117 N. E. 883. 6106. Certificate, fee, appeal. See notes to sections 6105, 6121. Under this section and section 671, an appeal lies from the judgment of the circuit or superior court on the appeal from the board of dental examiners. Indiana State Board of Dental Examiners v. Davis, App. 117 N. E. 883. Under this section and sections 6115, 6121, the board of dental examiners is a party to an appeal from its action and to a judgment in favor of the applicant, and also a party to a further appeal from such judgment, and may take an appeal therefrom. Indiana State Board of Dental Examiners v. Davis, App., 117 N. E. 883. The court on appeal from the action of the state board of dental examiners in refusing a certificate to practice dentistry has authority to determine only whether the applicant has had a fair and reasonable examination. Indiana State Board of Dental Examiners v. Davis, App. - 117 N. E. 883. An appeal lies from a judgment of the circuit or superior court on an appeal from the board of dental examiners under this section and section 671. Indiana State Board of Dental Examiners v. Davis, App. - 121 N. E. 142. The appellate court in an appeal from action of the state board of dental examiners under this section can not determine applicant's right to practice as an original proposition. Indiana State Board of Dental Examiners v. Davis, App., 121 N. E. 142. [Acts 1917, p. 661. In force May 31, 1917.] 6114. Meetings, organization, record.-11. The board of dental examiners shall hold not less than two (2) regular meetings in each year at such place as may be fixed by the board, on a definite date to be fixed by the board, and as often in addition as may be necessary for the transaction of such business as may properly come under the provisions of this act, and it shall have power to make all necessary rules and regulations on accordance with this act. Special meetings may be called at any time by any three (3) members of the board to be held at such time and place as may be designated in the call. The board shall elect a president and a secretary, and the secretary shall be ex-officio treasurer of the board. For their services the members shall receive the sum of ten dollars ($10) per day and their expenses necessarily incurred. It shall be the duty of the board to keep a record of all applications for certificates, and such records shall contain all of the facts set forth in said application, including the action of the board thereon, and it shall also retain all examination papers for a period of one (1) year from the date upon which the examination is held; and said board may employ a clerk and such other person, or persons, as may be necessary to enable said board to properly carry out and enforce the provisions of this act and said board shall allow and pay out of its own funds a reasonable compensation for such work. The secretary of the board shall receive a reasonable salary to be fixed by the board. This section amends section 6114 Revision of 1914. 6115. Enforcing act. See note to section 6106. [Acts 1917, p. 661. In force May 31, 1917.] 6116. Minimum requirements.-13. The board shall from time to time establish and record, in a record kept by them for that purpose, a schedule of the minimum requirements which must be complied with by applicants for certificates to practice dentistry before they shall be entitled to receive a certificate. The board shall also in like manner, establish and cause to be recorded in such record a schedule of the minimum requirements and rules for the recognition of dental colleges, so as to keep these requirements not lower than the average standard of dental education in other states. No change shall be made in such schedule of requirements in any year after the month of January of such year. Nor shall any change be made to have any retroactive effect nor that shall affect students theretofore matriculated. Such records shall at all times be open to examination by the public. The board shall have power to make and establish all necessary rules and regulations for reciprocal recognition of certificates issued by other states, and to prevent unjust and arbitrary examinations by other states of graduates in dentistry from dental colleges in this state who have fulfilled its requirements. This section amends section 6116 Revision of 1914. 6117. Reports as to persons practicing in offices.-14. That from and after the passage of this act it shall be the duty of every person practicing dentistry within this state, upon demand in writing made by the secretary of said board, to furnish in writing, within twenty (20) days after said demand, to said secretary of said board, the name and address of each and every person practicing dentistry in the office of said person. For failure so to do, the said person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars ($50), or shall be imprisoned in the county jail for a period of not less than thirty (30) days, or shall be both so fined and imprisoned, in the discretion of the court. This section amends section 6117 Revision of 1914. 6118. Posting license in office.-15. Every practitioner of dentistry within the meaning of this act shall post, and keep conspicuously displayed, his name, license and registration certificate in the dental office wherein he practices, in plain sight of his patients, and if there are more dentists than one (1) practicing or employed in any dental office, the manager or proprietor of such office shall post and display, or cause to be posted and displayed, in like manner, the name, license and registration certificate of each dentist so practicing and so employed therein. Any person practicing dentistry, within the meaning of this act, who shall fail so to post and display, or cause to be posted and displayed, the name, license and registration certificate of himself and any person practicing or employed to practice as a dentist in his dental office, or in a dental office under, his management or control, shall be guilty of a misdemeanor, and upon conviction thereof, he shall, for each offense, be subject to a fine of not less than fifty dollars ($50) nor more than one hundred and fifty dollars ($150), or by imprisonment for a period of not more than thirty (30) days, or by both such fine and imprisonment in the discretion of the court, and for every subsequent offense he shall be subject to a fine of not less than one hundred dollars ($100) nor more than two hundred and fifty dollars ($250), or by imprisonment for a period of not less than sixty (60) days, or by both such fine and imprisonment in the discretion of the court. This section amends section 6118 Revision of 1914. 6119. Refusal of license, causes.-16. The state board of dental examiners may refuse to issue licenses, or if a license has been granted, have the right to review the evidence upon which a license has been obtained, and then suspend or revoke the same for any of the following causes: 1. The presentation to the board of any diploma, license or certificate obtained from an institution which is not reputable, or an unrecognized or irregular institution or state board, or obtained by using any illegality, fraud or deception. 2. Insanity of the applicant or license holder, as adjudicated by the regularly constituted authorities. 3. The commission of a criminal operation, or the conviction of a felony involving moral turpitude, or chronic or persistent inebriety or addiction to drugs. This section amends section 6119 Revision of 1914. 6121. Attorney-general, prosecutor, duties, fee. See note to section 6106. In appeals from a decision of the board of dental examiners under this section and sections 6106, 6115, the board is a party to the appeal although the attorneygeneral or a prosecuting attorney represent the board in the appeal. Indiana State Board of Dental Examiners v. Davis, App., 121 N. E. 142. [Acts 1917, p. 661. In force May 31, 1917.] 6123. Practicing dentistry defined.-20. Any person shall be said to be practicing dentistry, within the meaning of this act, who uses the words "Dentist," "Dental Surgeon," the letters "D. D. S." or other letters or titles in connection with his name, which in any way represents him as engaged in the practice of dentistry, or owns or operates a dental office, or is the manager or conductor of the same, or advertises or permits to be advertised, by sign, card, circular, hand bill, newspaper or otherwise, that he can or will attempt to perform dental operations of any kind; or diagnoses or professes to diagnose, or treats or professes to treat, any of the diseases or lesions of the oral cavity, teeth, gums, maxillary bones, or extracts teeth or prepares or fills cavities in human teeth, corrects malposition of teeth or jaws, or supplies artificial teeth as substitutes for natural teeth, administers anæsthetics, general or local, or engages in practices included in the curricula of recognized dental colleges: Provided, That nothing in this act shall interfere with the performance of mechanical work on inanimate objects by any person employed in or operating a dental laboratory; and, Provided, This act shall not prevent students from performing dental operations under the supervision of competent instructors within the dental school or college or the dental department of a university recognized by the Indiana state board of dental ex |