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2013 Alabama Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagal0315 and id is 1 raw text is: 201 3-001
STATE OF ALADAMA
OFFICE OF THE ATTORNEY GENERAL
LTHfER ST3AN0 8W WAMUTON AVNUK
AW--aYCANMUL                      October 2, 2012                    h   ....A=.M.
Honorable Susan Franklin Wilhelm
Executive Director and General Counsel
Alabama Board of Dental Examiners of Alabama
Stadium Parkway Office Center, Suite 112
5346 Stadium Trace Parkway
Hoover, Alabama 35244-4583
Dental Examiners, Board of - Dentists -
Boards of Directors
Section 34-9-40(a) of the Code of Alabama
requires a candidate for the Board of
Dental Examiners to be a dentist actively
engaged in the practice of dentistry for at
least five years next preceding the date of
his or her election. A retired dentist, who
is not otherwise actively engaged in the
practice of dentistry, is not statutorily
qualified to be a candidate for the Board of
Dental Examiners.    The question   of
whether a particular dentist is actually
engaged in the practice of dentistry is a
factual question.
Dear Ms. Wilhelm:
This opinion of the Attorney General is issued in response to your
request.
QUESTION
Is a dentist who is retired from the practice of
dentistry eligible for election to the Board of Dental
Examiners?

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