Chapter 679

 

      679.025

 

NOTES OF DECISIONS

 

      Paragraphs (2)(L) and (m) of ORS 679.140 are not repugnant to or irreconcilable with the definition of dentistry in this section. Bernard v. Bd. of Dental Examiners, 21 Or App 44, 533 P2d 833 (1975)

 

ATTY. GEN. OPINIONS: Practice of denturism by persons working under supervision of denturist, (1970) Vol 39, p 670

 

      679.140

 

NOTES OF DECISIONS

 

In general

 

      Prohibition against obtaining fee by fraud or misrepresentation is not limited to transactions between dentist and patient. Hurley v. Bd. of Dental Examiners, 29 Or App 223, 562 P2d 1229 (1977), Sup Ct review denied

 

      Board of Dental Examiners improperly revoked dentist’s license for “unprofessional conduct” for misrepresentation in obtaining malpractice insurance where dentist’s conduct was not covered by specification in this section or by rule adopted pursuant to ORS 679.250. Megdal v. Board of Dental Examiners, 288 Or 293, 605 P2d 273 (1980)

 

      Board of Dentistry is not required to adopt administrative rules defining unacceptable patient care before it can discipline dentists. Morgan v. Board of Dentistry, 118 Or App 626, 848 P2d 650 (1993), Sup Ct review denied

 

Improper advertising

 

      Paragraphs (2)(L) and (m) are not repugnant to or irreconcilable with the definition of dentistry in ORS 679.025. Bernard v. Bd. of Dental Examiners, 21 Or App 44, 533 P2d 833 (1975)

 

ATTY. GEN. OPINIONS: Contract by dentist with firm undertaking to advertise free referral service to local participating dentists by telephone directory, newspaper and mailing as constituting employment of “cappers” or “steerers”, (1981) Vol 41, p 520

 

      679.170

 

NOTES OF DECISIONS

 

      Response to Board of Dentistry’s demand for information must be made to board, not to another tribunal. Morgan v. Board of Dentistry, 118 Or App 626, 848 P2d 650 (1993), Sup Ct review denied

 

      Person fails to respond to written request for information from Board of Dentistry if person meets request with silence or provides nonresponsive reply. Angle v. Board of Dentistry, 294 Or App 470, 431 P3d 447 (2018)

 

      679.250

 

NOTES OF DECISIONS

 

      Board of Dental Examiners improperly revoked dentist’s license for “unprofessional conduct” for misrepresentation in obtaining malpractice insurance where dentist’s conduct was not covered by specification in ORS 679.140 or by rule adopted pursuant to this section. Megdal v. Board of Dental Examiners, 288 Or 293, 605 P2d 273 (1980)