Delaware General Assembly

CHAPTER 48

STATE BOARD OF DENTAL EXAMINERS

AN ACT to Amend, Revise and Consolidate the Laws Regulating the Practice of Dentistry, Dental Surgery, and Oral Hygiene, in This State, and for This Purpose to Repeal Certain Existing Laws Relating Thereto, and to Substitute for the Same the Revision and Consolidation Set Forth in This Act, to Become and be Chapter 30 of Title Six of the Revised Code of Delaware.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That for the purpose of amending, revising and consolidating the laws regulating the practice of Dentistry, Dental Surgery, and Oral Hygiene, in this State, and placing the same under one complete law, all of Chapter 30 of Title Six of the Revised Code of Delaware, 1915, as the same has been heretofore, from time to time, amended, and all other laws in conflict with or superseded by this Act, are hereby repealed, and the laws hereinafter set forth in Section 2 of this Act are substituted and adopted and enacted in lieu thereof.

Nothing in this Act or in the repeal of said prior laws shall affect any act done prior to the approval of this Act; and all the provisions of said Laws shall be deemed to have remained in force from the time they began to take effect, so far as they may apply to any transaction or event or limitation or any right or obligation already affected by such Laws, notwithstanding this repeal of the same.

No offense committed or penalty or forfeiture heretofore incurred under any of said Laws shall be affected by said repeal; nor shall any suit or prosecution, pending at the present time, for any offense committed or for the recovery of any penalty or forfeiture, be affected by said repeal.

All unexpired certificates of authority or Licenses to practice Dentistry, Dental Surgery, or Oral Hygiene, heretofore issued shall be and continue valid and in full force and effect until the date of expiration fixed therein, and during such period shall be in lieu of any similar certificates or licenses under this Act ; and all fees, fines or charges due and payable under existing law prior to the date when this Act becomes a law, shall be payable and collected under the present existing Laws instead of under this Act.

Section 2. In lieu of the Laws repealed in Section 1 of this Act, the Laws regulating the practice of Dentistry, Dental Surgery, and Oral Hygiene, in this State are hereby revised and consolidated and amended and enacted as Chapter 30 of Title Six of the Revised Code of Delaware, 1915, in manner and form as follows

884. Sec. 1. That unless previously qualified, as provided by law, it shall be unlawful for any person not licensed as a dentist within the meaning of this Act to practice dentistry within the State of Delaware, and it shall likewise be unlawful for any person to follow the occupation of oral hygienist in the State of Delaware without having first complied with the provisions of this Act and having been registered as hereinafter provided.

885. Sec. 2. That the Delaware State Board of Dental Examiners heretofore created, be, and the same is hereby continued to consist of five (5) members, each of whom must have been for the five years next preceding his appointment a resident of and in the active and reputable practice of dentistry in the State of Delaware.

The present members of the said Board in office at the time of the passage of this Act shall continue in office until their respective terms expire, and until their successors are appointed and qualified.

886. Sec. 3. Members of the said Board shall be appointed by the Governor for a term of four years, or until their successors are appointed and qualified, from recommendations made by the Executive Council of The Delaware State Dental Society. Provided, however, that no person shall be eligible to appointment on said Board who is in any manner connected with or interested in any dental college or the dental department of any college or university, or the dental supply business.

The Governor shall be empowered to remove from office at any time any member of the said Board for continued neglect of duty required by this Act or for incompetency, or unprofessional or dishonorable conduct.

887. Sec. 4. Vacancies occurring in the said Board by reason of the death of any member, or of his incapacity, neglect or refusal to act, or in any other way, shall be filled by the Governor from recommendations made by the Executive Council of The Delaware State Dental Society, and such newly appointed member or members shall hold office for the remainder of the unexpired term or terms of said member or members. Any member of said Board, who, without adequate reason, shall be absent from two successive meetings of the said Board shall cease to be a member thereof.

888. Sec. 5. The said Board of Dental Examiners shall organize by electing from its membership a President and a Secretary Treasurer. The Board shall make and adopt such rules and regulations not inconsistent herewith, as it deems necessary ; it shall meet upon call of the President and shall hold biannual meetings each year, in such place as may be designated by said Board, for the purpose of conducting examinations to determine the fitness of applicants for licenses to practice dentistry, and oral hygiene, respectively, under this Act, and the date of these biannual meetings shall be published in the dental Journals at least thirty days before their occurrence ; provided, that the concurrence of a majority of said Board shall be necessary to grant or revoke, respectively, either a license as dentist or oral hygienist, under this Act.

889. Sec. 6. The members of said Board shall receive as compensation the sum of five ($5.00) dollars, for each day actually engaged in the duties of the office, and shall be reimbursed for all legitimate and necessary expenses incurred in attending the meetings of said Board ; provided, that the Secretary-Treasurer of the Board, for the purpose of enforcing the provisions of this Act, shall receive a salary to be fixed by the Board, not to exceed twenty-five ($25.00) dollars per month, instead of the per diem of five ($5.00) dollars.

890. Sec. 7. The Board of Dental Examiners shall have an official seal, and shall keep a record of its proceedings, a complete record of the credentials of each licensee, a register of persons licensed as dentists and registered as oral hygienists, and of licenses by it revoked. A transcript of an entry in such records, certified by the Secretary-Treasurer under seal of the Board, shall be evidence of the facts therein stated.

891. Sec. 8. The said Board shall have power to require the attendance of persons and the production of books and papers and to require such persons to testify in any and all matters within its jurisdiction. The President and Secretary-Treasurer of the Board shall have power to issue subpoenaes and each shall have authority to administer oaths. Upon the failure of any person to attend as a witness, when duly subpoenaed, or to produce documents when duly directed by said Board, the Board shall have power to refer the said matter to the Resident Associate Judge, resident in the County of the holder thereof, who may order the attendance of such witness, or the production of such books and papers, or require the said witness to testify, as the case may be, and upon the failure of the witness to attend, to testify, or to produce such books or papers, as the case may be, such witness may be punished for contempt of Court as for failure to obey a subpoena issued or to testify in a case pending before said Court.

892. Sec. 9. It shall be the duty of the Secretary-Treasurer of said Board to enforce the provision§ of all laws relating to the practice of dentistry and oral hygiene in the State of Delaware, and all violations of said laws shall be prosecuted in any court of the State by the Attorney-General or one of his Assistants.

892A. Sec. 10. The said Board of Dental Examiners, through its Secretary-Treasurer, shall make annual reports to the Governor and the Delaware State Dental Society, containing a statement of moneys received and disbursed, during the preceding year.

892B. Sec. 11. Any person who has never been admitted to the lawful practice of dentistry and who desires to practice dentistry within the State of Delaware shall file with the Secretary-Treasurer of The Delaware State Board of Dental Examiners, at least fourteen days before the date set for the regular meeting of said Board, a written application for a license and furnish satisfactory proof that he is twenty-one years of age, of good moral character and reputation ; that before matriculating in a dental college he has attended a college or university recognized by The Delaware State Board of Dental Examiners for at least one year and there taken such courses as the said Board shall prescribe; that he is a graduate of a dental college approved by the said Board and that during his four years in dental school he has maintained a scholastic standing in all of the prescribed courses of such rank as the said Board may from time to time prescribe ; and provided further, that after the year .1937, the said applicant must show proof of having attended a college or university approved by the said Board for at least two years before entering dental college. Such application must be upon the form prescribed by the said Board, verified by oath before a Notary Public, and accompanied by the required fee of twenty-five ($25.00) dollars, together with a recent unmounted autographed photograph of the applicant. The said Board may reject any applications failing to comply with any or all of the provisions of this Act without further consideration, provided that persons at the time of the passage of this Act who are bona fide matriculants in a dental college approved by the Board shall not be held liable to the preliminary educational requirements set up in this Act.

892C. Sec. 12. An applicant for a license to practice dentistry shall appear before The Delaware State Board of Dental Examiners at its first meeting after the filing of his or her application, and pass a satisfactory examination consisting of practical demonstrations and written or oral tests, or both, in such subjects as the said Board may from time to time prescribe. Provided, that the Board may waive the theoretical examination in the case of an applicant who furnishes proof satisfactory to said Board that he is a graduate of a reputable dental college of a State or Territory of the United States, approved by the said Board or holds a certificate from the National Board of Dental Examiners, or holds a license from a Dental Board with requirements equal to those of the State of Delaware ; provided, that if the applicant's date of graduation from Dental School is after the year 1910, he must qualify as of his graduation year with the requirements of the New York Board of Regents for the practice of dentistry in New York State, for that year, and that for five consecutive years next prior to filing his application, has been in the lawful and reputable practice of dentistry in the State or Territory of the United States from which he applies ; and provided, that the laws of such state or territory accord equal rights to a practitioner of dentistry of the State of Delaware who desires to practice his profession in such State or Territory of the United States. An applicant desiring to register in the State of Delaware under this section must hold a National Board of Dental Examiner's certificate, or furnish the Board of Dental Examiners with a letter from the Secretary-Treasurer of the Board of Dental Examiners under seal of the State or Territory of the United States from which he applies, which shall state that he has been in the lawful and reputable practice of dentistry in the State from which he applies for five years next prior to filing his application, and shall also attest to his moral character and professional qualifications. The Board, may, in its discretion, refuse to grant a certificate to practice dentistry to any person found guilty of making a false statement, of cheating, or of fraud or deception, either in applying for such certificate or taking said examination.

892D. Sec. 13. Any applicant who passes such examinations, demonstrations and tests as The Delaware State Board of Dental Examiners may prescribe and is of good moral character, shall receive a license from the said Board, attested by its seal, signed by all of its members, and registered with the Secretary-Treasurer of the said Board. Such license, after being registered with the Secretary-Treasurer of the said Board, shall be conclusive evidence of the right of the holder to practice dentistry in the State of Delaware.

892E. Sec. 14. If any license herein provided for is lost or destroyed so that the same cannot be exhibited as provided for in 892W. Sec. 32 of this Act, the person entitled thereto shall make written application to the Secretary-Treasurer of the Board for re-issuance of the same, under affidavit setting forth that such license is lost or destroyed and the circumstances under which such loss or destruction occurred, and upon receipt of such satisfactory application and affidavit, the Secretary-Treasurer shall issue to the said applicant a duplicate certificate, for which there shall be paid a fee of Ten ($10.00) dollars, in the case of a dental license, and Five ($5.00) dollars in the case of an oral hygiene license.

892F. Sec. 15. Any person of good moral character who is a legally registered and practicing dentist in this State for a period of five years preceding his or her application for a certificate hereinafter described, and who is known to The Delaware State Board of Dental Examiners, on the payment of a fee of Five ($5.00) dollars, shall be entitled to receive a certificate attested by the signature of the President and Secretary-Treasurer of said Board, which certificate shall state that the holder thereof is a person who has been duly qualified to practice dentistry in the State of Delaware; that he or she is a person of good moral character and professional attainments ; that he or she has been engaged in the practice of dentistry or dental surgery continuously for five (5) years prior to his or her application for such a certificate, and that he or she intends at the time of his or her application for such a certificate, to engage in the practice of dentistry in a state other than the State of Delaware ; provided, that all such certificates so issued shall be like in tenor and form ; and provided, further, that the refusal of any state or of its appropriate officers to honor fully such certificate shall constitute a forfeiture by such state of all courtesies and privileges extended under this Act.

892G. Sec. 16. Any female person of good moral character, being not less than 18 years of age, who desires to register as an Oral Hygienist in the State of Delaware and files with the Secretary-Treasurer of the Delaware State Board of Dental Examiners a written application for a license at least fourteen days before the time set for the examination and furnishes satisfactory proof that she is a graduate of a high school approved by the said Board and of a training school for Oral Hygienists requiring a course of not less than one academic year, and approved by the said Board, may make application to be registered as an Oral Hygienist in the State of Delaware upon the form prescribed by the said Board, verified by oath, and accompanied by the required fee of Ten ($10.00) dollars, and a recent unmounted autographed photograph of the applicant. If the application shows satisfactory proof that she has spent at least one year in school, institutional, or public clinical work, then upon passing a satisfactory examination, she may be fully registered. Otherwise, any applicant, before receiving a final certificate of registration to practice Oral Hygiene within the meaning of this Act, must produce satisfactory evidence of having spent one year in school, institutional, or public clinical work.

892H. Sec. 17. An applicant for a certificate of registration as an oral hygienist shall appear before the Board of Dental Examiners at its first meeting after the filing of her application and pass a satisfactory examination consisting of practical demonstrations and written or oral tests, or both, on such subjects as the Board may prescribe. If such applicant passes the examination and is of good moral character, she shall receive a certificate attesting that fact and after the completion of one year of practical work in an institution, school or public clinic, she shall be issued a certificate of registration by the Board of Dental Examiners, attested by its seal, signed by the members of the Board, which after being registered with the Secretary-Treasurer of the Board, shall be conclusive evidence of her right to practice as an oral hygienist in the State of Delaware according to the provisions of this Act.

892I. Sec. 18. Any licensed dentist, public institution, or school authority may employ such registered oral hygienists who may remove calcic deposits and stains from the exposed surfaces of the teeth, and make instrumental examinations of the teeth for cavities, but shall not perform any other operation on the teeth or tissues of the mouth. A registered oral hygienist may operate only under the general direction or supervision of a licensed dentist, in his office or in any public school or other institution. The Board of Dental Examiners may suspend or revoke, with power to reinstate, the license of any dentist who shall permit any oral hygenist, operating under his supervision, to perform any operation other than that permitted under the provisions of this section, and it also may suspend or revoke, with power to reinstatement, the certificate of registration of any oral hygienist violating the provisions of this Act ; the procedure to be followed in the case of such suspension, revocation, or reinstatement shall be the same as that prescribed by law in the case of suspension, revocation, or reinstatement of a licensed dentist.

892J. Sec. 19. Any oral hygienist of good moral character, duly registered to practice as such in any State or Territory of the United States, having and maintaining an equal standard of laws regulating the practice of oral hygiene with the laws of the State of Delaware, who has been in the lawful practice of oral hygiene for a period of not less than two years in such State or Territory, and who files with the Secretary-Treasurer of the Board of Dental Examiners of the State of Delaware a certificate from the examining board of the State or Territory in which she is registered, certifying to her professional qualifications and length of service, may, at the discretion of the Board, be registered in the State of Delaware, upon the payment of a fee of Ten ($10.00) dollars. Any person so applying, who has been registered in a State not maintaining an equal standard of laws with the State of Delaware, may be registered upon the payment of the fee above provided for, upon furnishing satisfactory evidence as to registration, good moral character, education and professional qualifications, and passing such further examination as the Board of Dental Examiners shall deem necessary.

892K. Sec. 20. Any person of good moral character who is a legally registered and practicing Oral Hygienist in this State for a period of two (2) years preceding her application for a certificate hereinafter described, and who is known to The Delaware State Board of Dental Examiners, on the payment of the fee of Five ($5.00) dollars, shall be entitled to receive a certificate attested by the signature of the President and Secretary-Treasurer of said Board, which certificate shall state that the holder thereof is a person who has been duly qualified to practice oral hygiene in the State of Delaware ; that she is a person of good moral character and professional attainments ; that she has been engaged in the practice of Oral Hygiene continuously for two (2) years prior to her application for such certificate, and that she intends at the time of her application for such a certificate to engage in the practice of oral hygiene in a State other than the State of Delaware; provided, that all such certificates so issued shall be like in tenor and form; and provided, further, that the refusal of any state or its appropriate officers to honor fully such certificate shall constitute a forfeiture by such State of all courtesies and privileges extended under this Act.

892L. Sec. 21. Any person filing or attempting to file as his own the diploma, certificate or license of another, or a forged, false affidavit of identification, or qualification, shall be deemed guilty of a felony, and upon conviction thereof shall be subject to such fine and imprisonment as are imposed by the statute for the crime of forgery, under the provisions of Section 3 of Chapter 151 of the Revised Code of Delaware.

892M. Sec. 22. The Delaware State Board of Dental Examiners may revoke or suspend the license of any dentist or any oral hygienist in the State of Delaware upon proof satisfactory to said Board:

1. That said license or registration was procured through fraud or misrepresentation.

2. That the holder thereof has been convicted of a felony or any offense involving moral turpitude.

3. That the holder thereof is guilty of chronic or persistent inebriety, or addiction to narcotic drugs, or afflicted with one or more of the specific infectious diseases.

4, That the holder thereof, through misleading advertising or otherwise, is guilty of conduct calculated or likely to deceive or defraud the public.

5. That the holder is guilty of conduct which, in the opinion of said Board, disqualifies him or her to practice with safety to the public.

6. That the holder thereof has advertised professional superiority or the performance of professional services in a superior manner, or advertised to perform painless operations of a dental or surgical nature.

7. That the holder thereof has advertised in any manner whatsoever or exposed to public view definite, fixed prices when the nature of the professional service rendered and the materials required must be variable.

8. That the holder thereof has advertised by means of large display, glaring, illuminated or flickering light signs, or has advertised with signs or printed advertisements, containing as a part thereof the representation of a tooth, teeth, dental restorations, any portion of the human head or neck, or photographs of any person.

9. That the holder thereof has employed or made use of advertising solicitors or free publicity press agents.

0. That the holder thereof has advertised either by sign or printed advertisements under the name of a corporation, company, association, parlor or trade name.

0. That the holder thereof has used or advertised to use any drug, nostrum, or patent proprietary medicine of any unknown formula, or any dangerous or unknown anesthetic which is not generally used by the dental profession, or uses or advertises to use any drugs, material, medicine, formula, system, or anesthetic which is either falsely advertised, misnamed, or not in reality used.

Any person convicted of violation of any of the offenses specified in this section, shall be fined for the first offense not less than one hundred ($100.00) dollars, nor more than two hundred ($200.00) dollars, and upon a second or any subsequent conviction thereof, shall be fined a sum not to exceed five hundred ($500.00) dollars, and upon conviction his license shall be revoked by the said Board.

892N. Sec. 23. It shall be unlawful for any person to repair, construct, adjust, or alter any appliance, denture, or dental restoration, except under the authorization and responsibility of a registered practitioner of dentistry, as defined by this Act.

892O. Sec. 24. For the purpose of correcting and revising the register of legal practitioners of dentistry, and of Oral Hygiene, as kept by the said State Board of Examiners, it shall be the duty of each person to whom a certificate to practice dentistry or Oral Hygiene in this State is granted, to procure from the Secretary-Treasurer of the said Board, on or before the thirtieth day of June, 1933, and on or before the thirtieth day of June annually thereafter, an annual certificate of registration ; such annual certificate of registration shall be issued by the Secretary-Treasurer of said Board upon payment of the fee of Two Dollars ($2.00). All annual certificates so issued shall be prima facie evidente of the right of the holders to practice dentistry or oral hygiene, as the certificates shall designate, in this State during the time for which they are issued, and the same shall be exposed to public view in the operating room of the holder. Any annual certificate to practice dentistry or oral hygiene heretofore granted or that may be hereafter granted by the said Board, shall be cancelled if the holder thereof fails to secure renewal of the annual certificate herein provided for within a period of sixty (60) days after the first day of May, 1933, and annually thereafter, provided that the certificate to practice or annual certificate thus cancelled may at the discretion of the said Board be restored upon payment of a fee of five ($5.00) dollars, with such further examination of the holder as to his or her competence and ability to practice, as the said Board may determine. It shall be the duty of the Secretary-Treasurer of the said Board to mail, on or before the first day of May, 1933, and on or before the same date annually thereafter, to each person whose name appears on the register of the said Board, a printed blank form, to be properly filled out by the holder of such certificate to practice, or annual certificate, and returned by such holder to the Secretary-Treasurer of the Board, together with a fee of Two ($2.00) dollars.

892P. Sec. 25. Any person who shall practice, or attempt to practice, dentistry or oral hygiene within the State of Delaware, without having been registered, or obtained a certificate to practice dentistry or oral hygiene or during the period of suspension or revocation of such certificate previously granted, or who shall violate any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars, or shall be imprisoned in the county jail not less than one month nor more than one year, or shall be punished by both such fine and imprisonment. Each act of practice or attempt to practice dentistry or oral hygiene under the disabilities described in this Section, shall be deemed a separate offense within the meaning of this Act; and each day on which any person shall hold himself or herself out as practicing under any name except his or her own, shall be deemed a separate offense.

892Q. Sec. 26. Any person shall be regarded as practicing dentistry within the meaning of this Act, who is a manager, proprietor, promoter, operator, or conductor of a place for performing dental operations, or who for a fee, salary, or other reward paid or to be paid either to himself or to another person, performs or advertises to perform dental operations of any kind, or who opens an office for the purpose of practicing dentistry and dental surgery and announces to the public in any way the readiness to do any act defined herein as practicing dentistry, or who diagnoses or treats diseases or lesions of human teeth, jaws, or oral tissues mechanically, medicinally, surgically, or by the use of radiograms, x-rays or fluoroscopic methods, or attempts to correct malpositions thereof, or takes impressions for the replacement of teeth, or who uses the word "dentist", "Dental Surgeon", the letters "D. D. S.", "D. M. D." or other letters or title in connection with his name which in any way represents him as being engaged in the practice of dentistry.

892R. Sec. 27. An applicant for limited registration under this section who shall furnish the Delaware State Board of Dental Examiners with proof entitling him to be examined for registration under this Act, and with satisfactory proof that he has been appointed a dental interne in a hospital or other institution maintained by the State or by a county or municipality thereof, or in a hospital or dental infirmary incorporated under the Laws of this State, may, upon payment of five ($5.00) dollars, be registered by the said Board as a dental interne for one year; but such limited registration shall entitle said applicant to practice dentistry only in the hospital or other institution designated on his registration, and only on bona fide patients of said hospital or institution and under the direction of a registered dentist employed therein, or on the staff thereof. Limited registration under this section may be revoked at any time by the Board for cause.

892S. Sec. 28. Upon presentation to the Delaware State Board of Dental Examiners of a certified copy of a court record showing that a practitioner of dentistry has been convicted of a felony or of a crime involving moral turpitude, or upon a finding by the board after notice and an opportunity to him to be heard that a practitioner of dentistry (a) has presented to the Board a false diploma, license, or certificate, or one obtained by fraud or illegal means, or (b) by reason of persistent inebriety or addiction to narcotic drugs is incompetent to continue in the practice of dentistry, or (c) has been guilty of using fraudulent or misleading advertisements as herein defined, or (d) has permitted directly or indirectly an unregistered or unlicensed person to practice dentistry or oral hygiene under his or her direction, or (e) has been guilty of dishonorable or grossly unprofessional conduct, or who has violated any of the other provisions of this Act not specifically provided for, the fact shall be noted by the Board upon the record of registration, and the registration and certificate of the practitioner so offending shall be cancelled and any person whose registration shall have been cancelled under the provisions of this section shall be deemed an unregistered person, and subject as such to the penalties prescribed for the practice of dentistry by persons that are not duly registered.

892T. Sec. 29. On and after the passage of this Act, it shall be unlawful for any person or persons to practice or offer to practice dentistry or dental surgery under any name except his proper name, which shall be the name used in his license granted to him as a dentist, as provided for in this Act, or to use the name of any company, association, corporation, office, parlor, trade name, business name or as successor thereto, in connection with the practice of dentistry as defined in this law. Any person convicted of violation of the provisions of this section shall be fined for the first offense not less than one hundred ($100.00) dollars, nor more than two hundred ($200.00) dollars, and upon a second or any subsequent conviction thereof, by a fine not to exceed five hundred ($500.00) dollars, and upon conviction his license shall be revoked by said Board.

892U. Sec. 30. Nothing in this Act shall apply to a bona fide student of dentistry in the clinical or teaching rooms of a dental college, recognized by the Delaware State Board of Dental Examiners, nor shall prevent a legally qualified physician or surgeon from extracting teeth or treating pathological conditions about the mouth, teeth, or oral tissues, or of radiographing such tissues, unless he practices dentistry as a specialty, nor shall it apply to a dental surgeon of the United States Army, Navy, Veterans' Bureau, or Public Health Service, in the discharge of his official duties, nor shall it prevent a lawful practitioner of dentistry in another State or Territory from making a clinical demonstration before a dental society, convention, association of dentists, or dental college, or performing his duties in connection with a specific case on which he may have been called to the State of Delaware by a legally qualified practitioner of dentistry of the said State of Delaware.

892V. Sec. 31. Legally licensed druggists of this State may fill prescriptions of legally qualified dentists of this State for any drug necessary in the practice of dentistry, dental surgery or oral surgery.

892W. Sec. 32. Whoever engages in the practice of dentistry and fails to keep displayed in the place where he practices, and in such manner as to be easily seen and read, the license granted him pursuant to the laws of the State of Delaware, shall be fined not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars.

892X. Sec. 33. Whoever sells or offers to sell a diploma conferring a dental degree, or a license or a certificate granted pursuant to this Act, or procures such diploma or license or certificate with intent to use the same as evidence of the right to practice dentistry as defined by Law, by a person other than the one to whom such diploma was issued, or to whom such license was granted, or any person who, with fraudulent intent, alters such diploma or license or certificate, or attempts to use the same, shall be fined not less than one hundred ($100.00) dollars nor more than two hundred ($200.00) dollars.

892Y. Sec. 34. Whoever employs a person who is not a licensed dentist to perform dental operations as defined by law, or permits such persons to practice dentistry in his office, or whoever practices dentistry under a false name, or assumes a title or appends or prefixes to his name letters which falsely represent him as having a degree from a chartered dental college, or makes use of the words "dental college" or "dental school" or equivalent words when not lawfully authorized so to do, or impersonates another at an examination held by the Board of Dental Examiners, or knowingly makes a false application or a false representation in connection with such examination, shall be fined not less than one hundred ($100.00) dollars nor more than two hundred ($200.00) dollars.

892Z. Sec. 35. Whoever violates any provision or law relating to the practice of dentistry or oral hygiene, or the application for examination and licensing of dentists and registration of oral hygienists, for which no specific penalty has been prescribed, shall be fined not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars.

892AA. Sec. 36. A second or subsequent conviction under any of the next four preceding sections shall be punished by the maximum penalties prescribed therein, or imprisonment in jail or workhouse not less than ten days nor more than sixty days, or by both such fine and imprisonment.

892BB. Sec. 37. Hereafter, regularly licensed and practicing dentists in this State shall be exempt from liability to be drawn upon any panel of grand or petit jurors returned to any court of this State.

892CC. Sec. 38. All laws and parts of laws inconsistent or in conflict with this Act are hereby repealed to the extent of such inconsistency or conflict only.

Approved April 6, 1933.