Bd. of Governors of Registered Dentists v. Crouch

1963 OK 292, 391 P.2d 796, 1963 Okla. LEXIS 582
CourtSupreme Court of Oklahoma
DecidedDecember 17, 1963
DocketNos. 40223, 40609
StatusPublished
Cited by2 cases

This text of 1963 OK 292 (Bd. of Governors of Registered Dentists v. Crouch) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bd. of Governors of Registered Dentists v. Crouch, 1963 OK 292, 391 P.2d 796, 1963 Okla. LEXIS 582 (Okla. 1963).

Opinion

BLACKBIRD, Chief Justice.

There are two district court actions involved in this appeal, namely: Cause No. 10706 of the District Court in and for Tillman County, entitled “The Board of Governors of the Registered Dentists of Oklahoma, plaintiff, v. Bob Rushing, defendant”, and Cause No. 26145 of the District Court in and for Pottawatomie County, entitled “The Board of Governors of the Registered Dentists of Oklahoma, plaintiff v. B. R. Crouch, defendant.”

In each of the above cited cases, the petitions of the common plaintiff charged the respective defendants, who apparently are dental laboratory operators and/or technicians, not licensed as dentists, with violating provisions of The State Dental Act (Tit. 59 O.S.1961 §§ 327.1-327.52, both inclusive) prohibiting the practice of dentistry without a license. Said petitions sought an injunction against said defendants’ continuance of their alleged unlawful practices.

In Cause No. 10706, supra, the plaintiff’s petition alleged that the defendant’s unlawful practice was repairing dentures, while in Cause No. 26145, supra, the alleged unlawful practice was making false teeth, or dentures, on the basis of oral impressions taken by the defendant Crouch (instead of pursuant to a work order from a licensed dentist). In the Tillman County action, the court overruled the defendant’s motion to dismiss, and demurrer to plaintiff’s evidence, and, upon his election to stand thereon, entered judgment granting plaintiff the injunction it sought. In the Pottawatomie County action, the court sustained the defendant’s demurrer to the plaintiff’s petition, and, upon its election to stand on said petition, entered judgment dismissing the action. After Rushing’s appeal from the Tillman County judgment was docketed in this court as Cause No. 40609, entitled “Bob Rushing, Plaintiff in Error, vs. The Board of Govern-nors Of the Registered Dentists of Oklahoma”, and the Board’s appeal from the Pottawatomie County judgment was docketed as this court’s Cause No. 40233, entitled “The Board of Governors of the Registered Dentists of Oklahoma, Plaintiff in Error, vs. B. R. Crouch, Defendant in Error”, this court, on motion of Crouch, representing that the judgments challenged in the two appeals were conflicting on essentially the same issues of law and fact, and, with consent of all parties involved, consolidated the two appeals for the purposes of briefing, consideration and disposition, under Cause No. 40233, supra.

As Crouch is the plaintiff in error in one of these consolidated appeals, and Rushing [799]*799is the defendant in error in the other, they will hereinafter be referred to either by individual surname, or collectively as “defendants” or the “Technicians.” The Board of Governors of the Registered Dentists of Oaklahoma will hereinafter he referred to as the “Board”.

Though other matters are discussed in the briefs, it seems to he tacitly, if not expressly, agreed, that the crucial issue raised by the demurrers in both of the injunction actions, supra, was whether or not such actions of equitable cognizance could be maintained in view of the fact that the Board had not pursued the “administrative”, or “legal”, remedy which defendants claim is prescribed by the above-cited Dental Act for such cases. Both defendants took the position, in presenting their demurrers to the trial court, that, since the Board alleged their respective acts constituted the practice of dentistry — a profession or occupation the Act gives the Board the power to regulate — its exclusive remedy was to exercise its claimed exclusive original jurisdiction as a necessary forerunner, and prerequisite, to the district court’s exercise of its jurisdiction, which is appellate only in such matters, as shown by more than one section of said Dental Act. These sections contain certain provisions, expressed in general terms, which, when considered out of the context of the Act as a whole, and without relation to other parts of the Act (with which they must be connected as an integral part of the whole) would seem to lend support to the Technicians’ position that the Board’s effort to prevent them from doing that which (under the Act) constitutes practicing dentistry, must originate in a proceeding before the Board itself, and can only come into the district court by way of appeal from the decision of the Board.

The underlying weakness in the Technicians’ argument is that the Dental Act contains no specific provision purporting to bestow upon the Board the effective power of a court of law to forceably prevent a dental laboratory technician, or operator, from engaging in activities beyond the scope of his permit. Its preventive power, as a judicial, or quasi-judicial, body extends no further than the coercion it is authorized by the Act to exert in connection with the issuance, revocation, suspension, or reproval of licenses, or permits.

The defendants are neither dentists, which as the term “Dentist” is defined in sec. 327.3(f) of Tit. 59, supra, means one, who, among other things, is a graduate of an accredited dental school; nor are they members of the “Organization”, which as said term is used in The Act (sec. 327.3(a)) means “The Registered Dentists of Oklahoma” ; nor are they dental hygienists possessing “certificates of ability.” But assuming, without deciding, that the procedure prescribed by The Dental Act, for revocation, suspension, reproval, or reinstatement of authorizations of persons in those categories, applies to the defendants, or their permits, it has not been suggested that either revocation, suspension, or reproval would accomplish the Board’s purpose (in these actions) of effectively stopping the defendants’ violations of the Act. Though more than one section of the Act contains a provision similar, or identical, to the last one in section 327.41, Tit. 59, supra, making the writ of injunction available to the Board (without bond) for the enforcement of the Act, this does not mean that the Board itself has injunctive powers. Neither the dental laboratory operator’s necessity for having a permit in order to be in compliance with the Dental Act, nor the penalties provided in said Law for its violation, furnish complete or adequate means for its enforcement in all circumstances. The inadequacy of criminal prosecution to prevent violations of such laws was made manifest by the expressions from Kentucky State Board of Dental Examiners v. Payne, 213 Ky. 382, 261 S.W. 168, 199, we quoted in Board of Examiners of Veterinary Medicine v. Tubbs, 307 P.2d 830, 832, as follows:

“The board could make little progress towards enforcing the act, if it was confined to prosecutions to recover the [800]*800small penalties. If an arrest was made and the highest penalty administered, the practice could be resumed, and, perhaps many times the amount of the penalty could be collected from ignorant and confiding patrons until the second violation was discovered, if at all, and in the meantime the mischief intended to be prevented would continue unabated.”

In view of the foregoing, we have concluded that the provisions of the Dental Act for trials or hearings before the Board, and appeals to the district court from the Board’s decisions, do not furnish an “adequate remedy at law” as contended by the Technicians, and constitute no obstacle, on that ground, to the Board’s seeking injunc-tive relief originally from a court of equitable cognizance, such as the district court.

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Related

Lamb v. Registered Dentists
1972 OK 4 (Supreme Court of Oklahoma, 1972)
Board of Governors of the Registered Dentists v. Melton
1967 OK 113 (Supreme Court of Oklahoma, 1967)

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Bluebook (online)
1963 OK 292, 391 P.2d 796, 1963 Okla. LEXIS 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-governors-of-registered-dentists-v-crouch-okla-1963.