Parmley v. Missouri Dental Board

719 S.W.2d 745, 1986 Mo. LEXIS 339
CourtSupreme Court of Missouri
DecidedNovember 18, 1986
Docket67690
StatusPublished
Cited by11 cases

This text of 719 S.W.2d 745 (Parmley v. Missouri Dental Board) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parmley v. Missouri Dental Board, 719 S.W.2d 745, 1986 Mo. LEXIS 339 (Mo. 1986).

Opinions

DONNELLY, Judge.

Appellant Parmley filed a Complaint with the Administrative Hearing Commission seeking an order that would declare that he had satisfied the requirements for certification as a pedodontist without examination pursuant to § 332.171.1, RSMo Cum.Supp. 1984, and direct the Missouri Dental Board to issue him a specialty license. The license would enable him to advertise his specialty consistent with the provisions of § 332.321, RSMo Cum.Supp.1984. The Complaint was dismissed and plaintiff then sought judicial review of the Administrative Hearing Commission’s actions, and a declaratory judgment that the licensing statutes were unconstitutional. The Circuit Court of St. Louis County denied both counts for relief and dismissed the action. The cause was transferred to this Court to resolve issues involving the constitutionality of Missouri statutes. Mo. Const, art. V, § 3. We affirm.

The basic facts are undisputed. Appellant graduated in June 1960 from the St. Louis University School of Dentistry and was subsequently licensed as a dentist in this State. He then began to limit his practice exclusively to pedodontics. Pedo-dontics is a branch or specialized area of dentistry concerned with the dental care of children.

Within the structure of the American Dental Association (ADA), there are eight specialties,1 one of which is pedodontics. Each of those specialties that are recognized by the ADA has its own certification body, known as an “American board.” For example, the certifying body in this case would be the American Board of Pedodon-tics. To be a member or what is termed a “diplómate” of the board, an applicant must have completed two years of graduate training in pedodontics and passed an examination. In addition, each of the American boards must have a parent or sponsoring organization in order to be recognized by the ADA.

In 1960, the parent or sponsoring organization for the American Board of Pedo-dontics was the American Society of Dentistry for Children. The sponsorship was transferred to the American Academy of Pedodontics in 1963 because membership in the Academy more accurately reflected a true specialty organization. Apparently, any interested person could become a member of the Society, while the Academy required a member to be a specialist in that area.

At the time appellant began to limit his practice, he could ethically announce limitation of his practice only under certain conditions. Section 18 of the ADA Principles of Ethics stated that:

3. The dentist must be a diplómate of a certifying board approved by the American Dental Association for the indicated area of dentistry; or he must be a member of, or be eligible for membership in, a specialty society officially related to a certifying board approved by the American Dental Association for the indicated area of dentistry; or he must have a [747]*747state license in the indicated area of dentistry if he practices within a state which licenses dentists who engage in specialty practice.

In 1964, the ADA Council on Dental Education revised its rules to provide that after January 1, 1965, a dentist must complete two years of graduate education before he could ethically announce his limitation of practice. A grandfather clause allowed such an announcement by those dentists who were eligible for membership in the Academy and had limited their practice before January 1, 1965. Appellant then became a member of the American Academy of Pedodontics in October 1964 and was promoted to an active member of that organization in 1969. Thereby, under the ADA Principles of Ethics, appellant could ethically announce his limitation of practice.

On December 20,1967, the appellant was notified by the ADA that he no longer would be listed as a pedodontist in the American Dental Directory because he had not obtained a Missouri specialty license. Nearly thirteen years later, appellant applied for but was denied a specialty license by the Missouri Dental Board because he did not meet the statutory requirements.

Appellant first contends that there was insufficient evidence to support the dismissal of his cause of action by the Administrative Hearing Commission and the Circuit Court of the City of St. Louis in that he has satisfied the requirements of § 332.171.1 for licensure and certification without examination as a specialist in pedodontics. We disagree.

Section 332.171.1 states:
1. The board shall upon application and without examination issue a specialist’s certificate to any registered and currently licensed dentist in Missouri who has been certified in any specialty by an American board recognized by the American Dental Association; but any such application shall be accompanied by the required specialty fee.

The central issue then is whether the phrase, “American board recognized by the American Dental Association,” may be interpreted broadly enough to encompass appellant’s membership in the Academy. The primary rule of statutory construction is to ascertain the true intent of the legislature and to construe the statute accordingly. Collins v. Director of Revenue, 691 S,W.2d 246, 251 (Mo. banc 1985); King v. Laclede Gas Co., 648 S.W.2d 113, 115 (Mo. banc 1983). In doing so, the words or phrases should be considered in the light of their plain and ordinary meaning. State ex rel. D.M. v. Hoester, 681 S.W.2d 449, 450 (Mo. banc 1984).

The evidence below shows that the ADA recognizes only the American Board of Pe-dodontics as having certification power and not the Academy. The ADA has no direct control over the Academy whose sole function is to further that particular field of specialization. In fact, the Academy itself concedes that the only body with certification power is the American Board of Pedo-dontics and that membership in the Academy does not constitute certification as a specialist in the field of pedodontics.

Appellant’s argument that his membership in the American Academy of Pedodontics is sufficient to satisfy the statutory requirements for licensure is misplaced, and if adopted would reject the plain meaning of the statute as evidenced by the above facts. Therefore, we do not construe § 332.171 as broadly as appellant would like. The American boards recognized by the ADA in each area of specialization are the only organizations that satisfy the unambiguous language of the statute.2

[748]*748The clear intention of the legislature was to limit specialty licensure and certification to those dentists who have successfully completed an examination approved and administered either by the Missouri Dental Board or the ADA through its recognized American boards. A contrary interpretation by this Court would thwart this intent and allow simple membership in a specialty organization and a limited practice to circumvent the requirements imposed by the legislature to protect the citizenry of this State.

Appellant failed to show that he is a “diplómate” of the American Board of Pe-dodontics, so as to require the Missouri Dental Board to issue him a license. The judgment below to dismiss appellant’s Complaint is supported by substantial evidence. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

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719 S.W.2d 745, 1986 Mo. LEXIS 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parmley-v-missouri-dental-board-mo-1986.