Masters v. Board of Dental Examiners

TURRENTINE, J.,

pro tem.

The respondent was suspended and his dental license revoked by judgment of the Board of Dental Examiners of California. This judgment was annulled by the Superior Court of San Diego County on writ of review from which order the Board of Dental Examiners has appealed. Defendant was found guilty under the second and third counts.

The respondent challenges the sufficiency of the second count to state a cause for suspension and revocation of license. The superior court rendered judgment “that count two of the accusation against petitioner does not state facts sufficient to constitute unprofessional conduct or any offense under the dental law of California”. It reads as follows:

“That said E. G. Masters did, between March 1, 1934, and May 15, 1934, wilfully and unlawfully aid and abet an unlicensed person to practice dentistry unlawfully in the State of California, as follows:

“That between said dates said E. G. Masters permitted, authorized, allowed, aided and abetted an unlicensed person, to wit, Western Health and Hospital Corporation, Ltd.,

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a corporation, to practice dentistry unlawfully in that between said dates said Western Health and Hospital Corporation, Ltd., a corporation, at San Diego, County of San Diego, State of California, did, for a fee, salary or reward, paid directly to it, offer to perform operations and/or treat diseases or lesions of human teeth, alveolar process, gums or jaws and correct malimposed positions thereof and did indicate that it would perform, through its agents or servants, operations upon the human teeth, alveolar process; and gums and jaws, all to the knowledge of said E. G. Masters, and did engage the said E. G. Masters to perform such treatment and/or operations, and that at all times herein mentioned said Western Health and Hospital Corporation, Ltd., a corporation, was not and is not now licensed to practice dentistry in the State of California.

“That by reason of said acts on the part of said E. G. Masters, said E. G. Masters aided and abetted said Western Health and Hospital Corporation, Ltd., a corporation, to practice dentistry in the State of California unlawfully.”