Butler v. Board of Governors of the Registered Dentists

1980 OK 162, 619 P.2d 1262, 1980 Okla. LEXIS 368
CourtSupreme Court of Oklahoma
DecidedOctober 28, 1980
DocketNo. 52851
StatusPublished
Cited by6 cases

This text of 1980 OK 162 (Butler v. Board of Governors of the Registered Dentists) 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
Butler v. Board of Governors of the Registered Dentists, 1980 OK 162, 619 P.2d 1262, 1980 Okla. LEXIS 368 (Okla. 1980).

Opinion

BARNES, Justice:

In this case, we are asked to determine whether the Trial Court erred in enjoining the Appellant, Eugene Butler, a dental technician, from engaging in certain activities, including the performing of any act defined by statute as constituting the practice of dentistry, including: taking of impressions of teeth, jaws, or gums of members of the public; furnishing, supplying, constructing, reproducing or repairing or offering to furnish, supply, construct, reproduce, or repair prosthetic dentures (sometimes known as plates), bridges or other substitutes for natural teeth; adjusting or attempting to adjust any prosthetic denture, bridge, dental appliance, or other structure to be worn in the human mouth.

The action in which the restraining order was secured was filed by The Board of Governors of the Registered Dentists of Oklahoma.

In appealing from the issuance of the injunction, Appellant attacks the judgment below on the following grounds:

(1) That The Board of Governors of the Registered Dentists of Oklahoma lacked the capacity to sue because its organizing statutes constituted an unconstitutional deprivation of equal protection and due process.
(2) That The Board of Registered Dentists of Oklahoma lacked the capacity to sue because its organizing statutes constituted an unconstitutional delegation of public power to private individuals.
(3) That the Trial Court erred in interpreting 59 O.S. § 328.19(k) (1971) as prohibiting the cleaning of dentures.
(4)That the Trial Court’s order restraining Appellant from placing certain newspaper ads was a denial of the Appellant’s First Amendment right of free speech.

I.

We will first address Appellant’s proposition that The Board of Governors of Registered Dentists lacked the capacity to sue because its organizing statutes constitute an unconstitutional deprivation of equal protection and due process of law.

These same arguments were made against The Board of Governors of Registered Dentists in a case recently decided by this Court, Berry v. Board of Governors of Registered Dentists of Oklahoma, 611 P.2d 628 (Okl.1980). In that ease, we held that the Board was constitutionally composed. In so holding, we stated:

“The Board as constituted is not independent to the extent that it can impose limitations or regulations on the practice of prosthetic dentistry. The power to regulate the practice is imposed by statute and the Board’s authority extends only to its enforcement. Therefore, we find no unconstitutional deprivation of equal protection or due process of law.”

We see no reason to vary from our recent holding today. Therefore, we find no merit to Appellant’s contention that The Board of Governors of Registered Dentists, by virtue of its organizing statutes, constitutes an unconstitutional deprivation of equal protection and due process.

II.

We next address Appellant’s proposition that The Board of Governors of Registered Dentists lacks the capacity to sue for injunction because its organizing statutes constitute an unconstitutional delegation of public power to private individuals.

The same argument was made in Berry v. Board of Governors of Registered Dentists, supra. In holding that the statutes creat[1264]*1264ing the Board did not contain a grant of an unlawful delegation of public power to a private group, we stated:

“The denturists charged the injunction was improperly brought by the Board because the State Dental Act, 59 O.S.1971 §§ 328.1-328-52, grants an unlawful delegation of public power to a private group and that the Board was not the real party in interest. We do not agree. The Board is a statutory and constitutional entity, with the power to seek injunctive relief specifically granted by 59 O.S.1971 § 328.-49. The right of the Board of Governors, as well as that of ‘The Registered Dentists of Oklahoma,’ to bring an action for injunctive relief was acknowledged in Lamb v. Registered Dentists, 492 P.2d 1401, 1402 (Okl.1972).” [Footnote omitted]

As both The Board of Governors of Registered Dentists and The Registered Dentists of Oklahoma are duly constituted public entities, created by the Legislature, we find no merit to the Appellant-denturist’s position that the State Dental Act, supra, delegates public powers to private entities.

Accordingly, we hold that The Board of Governors of Registered Dentists of Oklahoma possesses the capacity to bring an action to seek injunctive relief.

III.

Having held that the Board had the capacity to bring suit seeking injunctive relief against Appellant, we next determine whether the Trial Court erred in issuing an injunction under the facts before it.

Other than his attack on The Board of Governors’ capacity to bring injunctive action, Appellant does not contend that the Trial Court erred in issuing an injunction, but, rather, contends that certain elements of the injunction were not proper. In granting injunctive relief, the Court stated:

“IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant, Eugene Butler, be and is hereby permanently and perpetually enjoined and restrained from practicing dentistry without a license within this county and the state of Oklahoma and from performing any acts defined by statute as constituting the practice of dentistry, which said prohibited acts specifically include the following: Taking impressions of the teeth, jaws, or gums of members of the public; furnishing, supplying, constructing, reproducing or repairing or offering to furnish, supply, construct, reproduce or repair prosthetic dentures (sometimes known as plates), bridges or other substitutes for natural teeth for the user or prospective user thereof; adjusting or attempting to or professing to adjust any prosthetic denture, bridge, dental appliance, or other structure to be worn in the human mouth; owning, maintaining, or operating an office or offices by holding a financial interest in same for the performance of said acts; or from holding yourself out in any way as one engaged in said acts or qualified to engage therein.
“IT IS FURTHER AND SPECIFICALLY ORDERED that you permanently and perpetually cease and desist doing or performing any of said acts personally or authorizing or permitting the same to be done through agents, servants, employees or others acting by or pursuant to your direction and control.” [Emphasis added]

During the course of the injunction hearing, when it became apparent that the Court would enter an injunction, defendant Butler requested the Court to make two specific findings. First, the defendant below asked the Court whether a certain newspaper ad run by him was, in the Court’s mind, a violation of the State statute. The Court found that the advertisement did violate the statute, as it would violate the provisions of 59 O.S. § 328.19, which defines the practicing of dentistry as, among other things, holding one’s self out, in any way, “... as being able to diagnose or profess to diagnose or examine clinical material and contract for the treatment thereof ....”

Secondly, the defendant below asked the Trial Court to make .a specific finding as to [1265]

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Bluebook (online)
1980 OK 162, 619 P.2d 1262, 1980 Okla. LEXIS 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-board-of-governors-of-the-registered-dentists-okla-1980.