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Batty v. Arizona State Dental Board

Supreme Court of Arizona

April 28, 1941

HOWARD BATTY, Appellant,
v.
THE ARIZONA STATE DENTAL BOARD and P. H. BENNETT, R. A. McCALL, F. W. BOVILLE, B. A. GLENNIE and J. L. BORAH, as Members of the Arizona Dental Board, Appellees

APPEAL from a judgment of the Superior Court of the County of Maricopa, J. C. Niles, Judge. Judgment affirmed.

Mr. R. C. Stanford, Mr. R. C. Stanford, Jr., Mr. Harlow H. Akers and Mr. John W. Murphy, for Appellant.

Mr. Henderson Stockton, Mr. S. N. Karam, Mr. Eli Gorodezky and Mr. J. W. Cherry, Jr., for Appellees.

OPINION

Page 871

[57 Ariz. 241] LOCKWOOD, C.J.

This is an appeal by Howard Batty, plaintiff, from a judgment of the superior court of Maricopa county, upon a writ of certiorari brought by plaintiff against the Arizona State Dental Board, hereinafter called the board, and the individual members thereof, revoking the license of plaintiff to practice dentistry within the state of Arizona. The factual situation may be stated as follows.

[57 Ariz. 242] Plaintiff was admitted to the practice of dentistry in Arizona in 1929, and practiced his profession more or less continuously thereafter up to February 14, 1938. On that date he received a written order citing him to appear before the board and show cause why his license should not be revoked. The charges against him were stated as follows:

"I. That Dr. Howard Batty, D.D.S., is physically incompetent to practice dentistry in that he is now suffering from pulmonary tuberculosis.

Page 872

"II. That Dr. Howard Batty, D.D.S., has been guilty of misrepresentation in securing dental licenses in the state of Arizona in that he represented himself at the time of procuring dental licenses to be free from any malignant, infectious or contagious diseases, whereas in truth and in fact, said Dr. Howard Batty, D.D.S., was at the time of procuring a dental license under the Dental Act of 1935, and when he first procured a dental license in 1929, suffering from pulmonary tuberculosis.

"III. That Dr. Howard Batty, D.D.S., has been and is guilty of fraud in his practice of dentistry in that he practices dentistry under names not included in his license and he permits his office and facilities to be used in the practice of dentistry by persons not licensed to engage in the practice of dentistry; and in that he sends certain of his patients to a dental laboratory wherein dentistry is practiced by persons without a dental license, to have dental work performed upon his patients in such dental laboratory; and in that he authorizes and permits those not licensed as dentists, working in such dental laboratory, to charge patients for the services performed by himself as a dentist, and by unlicensed dentists working in such dental laboratory, and to collect therefor; and in that he employs unlicensed persons to perform work which can be done legally only by licensed persons."

A hearing was had on these charges before the board and five witnesses testified. The board, after such hearing, adopted the following resolution:

[57 Ariz. 243] "Resolved, That after hearing of the accusations against Dr. Howard Batty, D.D.S., it appears to the satisfaction of the board that the charges have been sustained; and

"Resolved, That the license of the accused shall be revoked unless the licensee, within thirty days from and after the date hereof and the service of a copy of this resolution upon the accused, Dr. Howard Batty, D.D.S., or his attorneys, John W. Murphy and Harlow H. Akers, shall sue out a Writ of Certiorari in the Superior Court of Maricopa County, Arizona, the county wherein the accused licensee, Dr. Howard Batty, D.D.S., maintains his office and practice of dentistry."

Thereafter plaintiff sued out a writ of certiorari in the superior court, which court considered the matter on the record and entered the following judgment:

"IT IS ORDERED, ADJUDGED AND DECREED that petitioner, Howard Batty, take nothing by his petition and that the proceedings, finding and judgment of the Arizona State Dental Board be affirmed and that respondent, Arizona State Dental Board, do have and recover of and from petitioner, Howard Batty, its costs, taxed herein in the sum of $ .

"The above and foregoing form of judgment is hereby settled and approved this the 8 ...


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