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![handle is hein.sstatutes/nanken0002 and id is 1 raw text is: CHAPTER 313
DENTISTS
Chapter
1878, C. 847, 1886, c. 1017, and 1893, c. 189,
all related to the practice of dentistry. Com.
v. Basham, 101 Ky. 170, 19 K. L. R. 336, 40 S. W.
253, held that the 1893 Act did not repeal the
two earlier Acts, and that all three were to be
considered the entire law on the subject. 1893,
e. 189, was compiled as §§ 2636 to 2643 of Car-
roll's Statutes (1894 ed.); it was amended by
1904, c. 32, and 1908, e. 48, the latter being
compiled as § 2641a and 2641b of Carroll's
Statutes (1909 ed.). 1904, c. 32, amended
§§ 2636, 2638, 2639 and 2641. All of these Acts
were impliedly repealed by 1912, c. 95.
*313.010 [2636-6a; 2636-11; 2636-18] 1938, e.
148, § 7; 1936, c. 89, § 7; 1938, c. 148, § 13; 1936,
c. 89, § 12; 1932, c. 34, § 11; 1912, c. 95, § 11;
1938, e. 148, § 17; 1936, c. 89, § 16; 1932, c. 34,
§ 18; 1912, c. 95, § 18.
Annotations
One who formerly practiced dentistry without
license, but had transferred business to licensed
dentist, and was employed by him as helper to
do laboratory work, collect accounts, make ap-
pointments, and do other things not within term
practicing dentistry, would not be injured
by injunction against practicing dentistry.
Jones v. Com., 222 Ky. 173, 300 S. W. 346.
*313.020 [2636-3; 2636-18] 1938, c. 148, § 3;
1936, c. 89, § 3; 1932, c. 34, § 3; 1912, c. 95, § 3;
1938, c. 148, § 17; 1936, c. 89, § 16; 1932, c. 34,
18; 1912, e. 95, § 18.
Annotations
The profession of dentistry and its practice
is subject to the police power of the state, and
the legislature may make reasonable regulations
in the interest of public health, safety, morals or
general welfare. Reynolds v. Walz, 278 Ky. 309,
128 S. W. (2d) 734.
No one has an inherent right to practice the
profession of medicine or dentistry, and the
legislature may regulate those professions on a
different basis than ordinary commercial busi-
nesses. Ibid.
The legislature may make regulations to pre-
vent undue or unseemly rivalry or competition
in the professions, and may prohibit practices
whose general effect is to deceive the public,
even though in particular instances there may be
no actual deception or misstatement. Ibid.
1886, c. 1017, [See now KRS 313.110(1)] re-
quiring dentist to register with named officials
Note
1912, c. 95, was superseded by 1932, c. 34.
Both 1912, c. 95, and 1932, e. 34, were im-
pliedly repealed by 1936, c. 89, as amended by
1938, c. 148. Neither the 1932 Act nor the
1936 Act specifically repealed any earlier dental
law.
2636-22 of Carroll's Statutes (1938, c. 148,
S 20; 1936, c. 89, § 19) was repealed by 1940, c.
191, because it was a severability clause.
§ 2636-23 of Carroll's Statutes (1938, c. 148,
S 21; 1936, c. 89, § 19) was repealed by 1940, c.
191, because it was a repeal clause.
and receive certificate, was constitutional.
Wilson v. Com., 119 Ky. 769, 82 S. W. 427.
Injunction was available to prevent unlaw-
ful and unlicensed practice of dentistry, not-
withstanding offender might be guilty of crime
and incur penalty. Ky. State 3d. Dental Ex-
aminers v. Payne, 213 Ky. 382, 281 S. W. 188.
Members of board, which was not created a
corporation, may maintain action to enjoin
person from continuing practice of dentistry
without license. Ibid.
Where injunction against practice of dentistry
without license, issued in former action, was still
in force, it was res adjudicata in subsequent ac-
tion for another injunction against same de-
fendant. The fact that the statute under which
the first injunction was issued had subsequently
been amended did not affect the status of the
injunction, where the amendment was merely a
continuation of the original provisions. Jones
v. Ky. State Bd. of Dental Examiners, 291 Ky.
136, 163 S. W. (2d) 297.
For right to practice under former statutes,
see Com. v. Basham, 101 Ky. 170, 40 S. W. 253.
*313.030 [2636-21] 1938, c. 148, § 20; 1936, e.
89, § 19; 1932, c. 34, § 21; 1912, c. 95, § 21.
*313.040 [2636-3; 2636-10] 1938, c. 148, § 3;
1936, c. 89, § 3; 1932, c. 34, § 3; 1912, e. 95, § 3;
1938, e. 148, §12; 1936, e. 89, §11; 1982, e. 94,
§ 10; 1912, c. 95, § 10; 1938, c. 148, § 18; 1936,
c. 89, § 17; 1932, c. 34, § 19; 1912, e. 95, § 19.
Annotations
State's police power authorizes State to pre-
scribe qualifications for dentists, and to treat
dental profession as a class. Hodgen v. Com.,
142 Ky. 722, 135 S. W. 311.
*313.050 [2636-3] 1938, c. 148, 3; 1936, c. 89,
§ 3; 1932, c. 34, § 3; 1912, c. 95, S 3.
1091](ViewImageLocal?handle=hein.sstatutes/nanken0002&div=1&collection=&method=preview&ext=.png&size=3)