2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 11 - Dentists, Dental Hygienists, and Dental Assistants
Article 1 - General Provisions
§ 43-11-2. Creation of and Composition of Board; Qualifications and Voting Rights of Members; Terms of Office; Vacancies; Enjoining Violations

1. A board to be known as the Georgia Board of Dentistry is created. The board shall consist of 11 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section.
2. 1. Nine members of the board shall be dentists and shall be appointed as follows: The members of the board who are dentists serving on July 1, 1981, shall continue to serve out their respective terms of office. As each such member's term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dentist licensed by this state. The Georgia Dental Association may, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term; and, from each group of four dentists so nominated, the Governor may appoint one as the new member of said board.
   2. One member of the board shall be a dental hygienist who is not a dentist, who is a resident of this state, and who is a practicing dental hygienist in this state and shall be appointed by the Governor. No one shall be eligible as a dental hygienist member of the board unless he or she is a citizen of this state and has lawfully practiced as a dental hygienist for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college or dental hygiene school. If such a member ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed vacated. The Georgia Dental Hygienists Association may nominate four reputable dental hygienists who are not dentists for each expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board.
   3. One member of the board shall be a citizen of this state who is not a dentist or a dental hygienist and shall be appointed by the Governor.
   4. Except as otherwise provided in paragraphs (6) and (7) of this subsection, the term of office of each member of the board shall be for five years and until the appointment and qualification of a successor.
   5. Each vacancy on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment.
   6. The term of the initial member appointed pursuant to paragraph (2) of this subsection shall be for a term of two years beginning July 1, 1978, and ending June 30, 1980.
   7. The term of the initial member appointed pursuant to paragraph (3) of this subsection shall be for a term of four years beginning July 1, 1978, and ending June 30, 1982.
3. No one shall be eligible as a dentist member of the board unless he or she is a citizen of this state and has lawfully engaged in the practice of dentistry for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college.
4. 1. The dental hygienist member of the board may vote only on matters relating to dental hygiene, administration, and policy which do not directly relate to practical or scientific examination of dentists for licensing in this state.
   2. The citizen member of the board who is not a dentist or dental hygienist may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of dentists and dental hygienists for licensing in this state.
5. The board may bring an action to enjoin any person, firm, partnership, corporation, or other entity who without being licensed or registered to do so by the board engages in or practices the profession of dentistry. The proceeding shall be filed in the county in which such person resides or, in the case of a firm, partnership, corporation, or other entity where the firm, partnership, corporation, or other entity maintains its principal office. Unless it shall be made to appear that such person, firm, partnership, corporation, or other entity so engaging in or practicing dentistry is licensed or registered, the injunction shall be issued, and such person, firm, partnership, corporation, or other entity shall be perpetually enjoined from such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the board allege and prove that there is no adequate remedy at law. It is declared that such unlicensed activities as are mentioned in this chapter are a menace and a nuisance dangerous to the public health, safety, and welfare.

(Ga. L. 1920, p. 132, § 1; Ga. L. 1921, p. 179, § 1; Code 1933, § 84-702; Ga. L. 1949, p. 1367, § 2; Ga. L. 1956, p. 25, § 1; Ga. L. 1972, p. 815, § 1; Ga. L. 1976, p. 484, § 1; Ga. L. 1978, p. 240, § 1; Ga. L. 1981, p. 610, § 1; Ga. L. 1998, p. 590, § 1; Ga. L. 1999, p. 234, § 2.)

- For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners (now Georgia Composite Medical Board) be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

Constitutionality of statute. See Hortman v. Yarbrough, 214 Ga. 693, 107 S.E.2d 202 (1959) (see O.C.G.A. § 43-11-2).

This law is a general and not a special law and does not offend Ga. Const. 1945, Art. I, Sec. IV, Para. I (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV). Hortman v. Yarbrough, 214 Ga. 693, 107 S.E.2d 202 (1959).

- Legislature, by giving to voluntary associations of dentists the right to nominate members of various state agencies, made the association an agency of the State of Georgia to that extent. By excluding black dentists from the association's membership it thereby deprives black dentists of the right to vote in connection with the nomination of dentists to fill places in the agencies. The result of such action is that only dentists approved by those of the white race can be elected to such offices and black dentists can have no voice in their selection. This seems to be a clear violation of U.S. Const., amend. 14. Bell v. Georgia Dental Ass'n, 231 F. Supp. 299 (N.D. Ga. 1964).

- Respondent's testimony admitting that the respondent had performed services for witnesses in making and repairing appliances to be used as teeth, and that the appliances had not been ordered by, or returned to, a licensed dentist, and stating that the respondent had not charged a sufficient amount for services to realize any profit over and above material that went into the work, and an amount to take care of overhead expense since the respondent was enjoined in 1957 from practicing dentistry, showed that the respondent had practiced dentistry under the definition of the law, and the judgment of the trial judge finding the respondent in contempt of court was amply supported by evidence. Hortman v. Georgia Bd. of Dental Exmrs., 214 Ga. 560, 105 S.E.2d 732 (1958).

OPINIONS OF THE ATTORNEY GENERAL

Voting rights of consumer and dental hygienist board members.

- Consumer member of the Georgia Board of Dentistry may vote on all matters except those which relate directly to practical and scientific examination for licensing of dental hygienists and dentists; the dental hygienist member may vote on all matters except those which relate directly to practical and scientific examination for licensure of dentists. 1978 Op. Att'y Gen. No. 78-72. (But see 2004 Op. Att'y Gen. No. 04-2).

Consumer member for the Georgia Board of Dentistry may vote on any matter coming before the board without restriction; to the extent that the amendment of O.C.G.A. § 43-1-18 in 2000 changed the voting authority of the consumer member, the views expressed in 1978 Op. Att'y Gen. 78-72 are modified. Voting rights of the dental hygienist member are unaffected by the statutory change and remain as expressed in the prior opinion. 2004 Op. Att'y Gen. No. 04-2.

RESEARCH REFERENCES

C.J.S.

- 66 C.J.S., Nuisances, §§ 7 et seq., 15, 65, 68, 71, 74, 86, 89, 91, 92, 103, 104, 108.

- Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.