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Taber v. State Board of Registration and Examination

Decided: May 13, 1948.

SYDNEY A. TABER, PROSECUTOR-RESPONDENT,
v.
STATE BOARD OF REGISTRATION AND EXAMINATION IN DENTISTRY OF NEW JERSEY, DEFENDANT-APPELLANT



On appeal from the Supreme Court, whose opinion is reported in 135 N.J.L. 255.

For the prosecutor-respondent, Brogan, Hague & Malone (Thomas J. Brogan).

For the defendant-appellant, Walter D. Van Riper, Attorney-General, and Joseph A. Murphy, Assistant Deputy Attorney-General.

Case

The opinion of the court was delivered by

CASE, CHIEF JUSTICE. Sydney A. Taber, a licensed dentist of the State of New Jersey, was, after hearing by the State Board of Registration and Examination in Dentistry of this state, found guilty of violating section 45:6-7 subdivision (h) of title 45 of the Revised Statutes (as amended Pamph. L. 1941, ch. 316; Pamph. L. 1945, ch. 193) on the ground inter alia that he was employed by an unlicensed manager, proprietor, operator and conductor as defined in section 45:6-19, title 45 of the Revised Statutes; and his license was suspended for six months. We have particularized that specific finding as a basis for remarks that follow. The cited statute, in subdivision (h), provides in part as follows:

"Any license to practice dentistry may be revoked or suspended by the board upon proof to its satisfaction that the licensee:

* * *

"h. Has been employed by an unlicensed manager, proprietor, operator or conductor as defined in section 45:6-19 of this Title * * *."

There are other, but severable, provisions in subdivision "h." We find it unnecessary, for the purposes of this decision, to pass upon their constitutionality. R.S. 45:6-19 (as amended Pamph. L. 1941, ch. 316; Pamph. L. 1942, ch. 38), referred to in the above enactment, provides:

"The terms manager, proprietor, operator or conductor as used in this chapter shall be deemed to include any person who

"(1) Employs operators or assistants; or

"(2) Places in the possession of any operator, assistant, or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for ...


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