The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1892-11-03
THE DENTAL LAW.
ATTORNEY GENERAL RICHARDS
CONSTITUTES 1T.
A Student Cannot Perform Operations
Except Under INN date Supsr-
vision of PreccptOr.
Nor Docs :he Occasional Pulling of Tooth
FIX mpt Physician From Il gular
Exam: ma ion-An Opinion IL Also
Giv,n On the Building apd LoA>
Association Law.

Attorney Genei Richards Tuesday
gave out two very important opinions.
One was on the construction oil tho dem
tai examination law passed last winter
and the other on the construction O. the
expense clause OF the building assoca-
ton law. Appended they are given
verbatim.
THE DENTAL Law.
Or. Grart Molyneaux. Secretary Board OF
iental Examiners. Cincinnati, y.
DEAR SIR Sometime ago communi-
cation Fl ON you to ex-Attorney General
Watson. submitting certain questions
with reference to the proper construc-
ton OF the act of April S, 1892 regulat-
ing the practice oi dentistry IN this
state reached this Office. Ihave delayed
answering the communication IN the
hope that might have personal talk
with you respecting its contents In
this hope, have been disappointed. but
give you the conclusions have reached
alter a careful reading oi the act.
first-'rhe words regularly, since
July 4. 1889; engaged in the practice OF
dentistry in this state, means steadily
or continuously engaged in such prac-
tice, and the practice OF dentistry does
no: include | take it. term oil pupil
age. There is q distinction between the
study and practice OF dentistry. just as
there is betwce the study and practice
of law, or the study ard practice OF
medicine. A person cannot he said to
be engaged in the practice Of dentistry
who is simply pupil and is not quail
al %. L.. Il T. 1fl
a dentist on his own responsibility. The
act itself (Sec. 699l) give a good defini-
ton Of what constitutes the practice of
dentistry. A person who has been Ell
gagged i'll the prac,ice OF dentistry. as
above indicated, since the 4th day OF
July. 1852, whether oi aye when he be-
gan the p.act:ce or not, comes with n |
the class oi those entitled TO certiti
cate on making the necessary prool and
paying the prescribed iee
Second--.A graduate OF medicine must
obtain the certificate oi your hoard be.
fore enca,:ing i'll the practice of
dentistry. The exemption set out in
section 699l applies to dental operations
performed by legally qualified ply ysicisns
AMI surgeons in connection with tho |
practice of their profession Of medicine |
and surgery The act recogn zes dis
tinction between such operations in
ci%enial to the pract ce o: medicine and |
dentistry requiring a certificate from
your board.
Third-A physician who, in the
practice OF his proc per ormed oc-
casional dental operations, cannot he
said to have been regularly engaged in
the practice OF dentistry. and hence il
not ent tied to a certificate to practice !
under the time exemption OF the act.
Fourth-The provision OF section 599l,
but nothing in tbs act shall be taker
to apply to acts OF hona fide students o.
dentistry done in pursuit OF clinica
advantages under the direct supervision
OF pr,ceptor who il d licensed dentist
in this state does not authorize such 7
students TO be sent out by their pre-
ceptors to perform dental operations
beyond lrs direct I"rsonal supervision.
The purpose OF the w is to protect tho
public against the work OF those un.
skilled in dentistry by requiring proof
ofskiil before power to practice DENTS.
try is acquired. 1t permits, however.
tlIt pei iSl vi otiltul tIJtIast tilS Dy
students so they may acquire skill which,
in time, on the certificate OF your lizard.
will admit them to practice, prov led
the skill requisite .or the protection o,
the patient is present in the person II
the licensed dentist overseeing the work.
Very respectfully,
}. X. RICHARDS,
Attorney General
TIE B. I. LAW.
flon. W. Fl. Kniier, Inspecto Of Building
and LIZ all Associations:
DEAR SlR-In response to your 'svo.
oi the Goth nst requesting my opinion
upon certain questions growing out of
the enforcement OF the act OF May 1891,
regulating building and loan assccia-
tons beg TO say:
First-in view o. the prov sion OF Sec
ton & of the act referred tc. that all ex-
penses Of such association shall be paid
out of the enlnin.s only, | am Of the
opinion that such an assoc alton cannot
properly pay expenses Iom its ge eral
I .nd~ without regard to the earnings oi
the association.
Secondly sccticn g. such association
Is required TO borrow money not ex
ceeding 70 per cent. O its assets. and is
sue its evid nee o; Indebtedness there
or and i: il lInnted urther, all ,uch
other powers a. are neces airy and proper
to enai lie such a>. ociat;on to carry out
the purpose OF its organization.
In the light OF these p,ov.sions. ] am
incl ned to think that such an nssocia,
ton may law ully incur or create an
Indebtedness in ante put on OF The col
lection OF the ,a!nings or the purpose
o paying its expenses lut the exp, nses
must be limited to the amount OF cam
ingS OF the current year Pending the
collections OF tine earnings, they niav be
ant c;rated but not exceeded for the
purTo Of paying the expenses neces-
sarl 10 enable the corporation to carry
out the purpose Of ,ts crsanza,i'n.
Very respect ully.
j. X. RthaRDS
Attorney s q, aral.