Brown v. Kansas State Board of Dental Examiners
Brown v. Kansas State Board of Dental Examiners
Opinion of the Court
The opinion of the court was delivered by
Brown sought to enjoin the board of dental examiners from revoking his certificate to practice dentistry. A demurrer to the petition was overruled, and the board of dental examiners appeals. - •
One J. M. Sheridan leased several rooms on the second floor of a building in Kansas City, and furnished them with five dental chairs and the necessary equipment for the practice of dentistry. He hires dentists to work for him on a salary, who have no interest in the compensation paid for the dental, work they perform. Brown, a duly licensed dentist, is one of Sheridan’s men. The place is kept
Plaintiff cites the case of State v. Brown, 37 Wash. 97, in which it was held the legislature was powerless to require a person to submit to examination and secure a license to “own, run or manage” a dental office, “as distinguished from the practice of dentistry.” We are dealing here with practice of dentistry, and with practice of dentistry under a reasonable regulation not embraced in the Washington statute. Plaintiff says Armour & Company might lawfully install a fully equipped dental office in its packing plant, and hire a dentist to treat the company’s employees. If something of that kind should occur, the court feels quite confident there would be no subterfuge about the arrangement. Armour & Company would neither undertake illicit practice of dentistry nor employ a dentist who forsakes his identity and practices under an assumed and misleading name.
The judgment of the district court is reversed, and the cause is remanded with direction to sustain the demurrer to the petition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.