THE ATTORNEY GENERAL
OF TEXAS
Aun-rmu. T-6 7137ll
April 19, 1977
The Honorable Carl C. Hardin, Jr. Opinion No. H-983
Executive Director
Texas State Board of Dental Re: Exemption of certain
Examiners dentists from annual
2101 MacArthur Blvd., No. 110 registration.
Irving, Texas 75061
Dear Mr. Hardin:
You have requested our opinion concerning the authority
of the Board of Dental Examiners to exempt from annual regis-
tration full-time professors at dental colleges, residents,
interns, and full-time employees of the United States Public
Health Service.
Article 4551b-1, V.T.C.S., exempts various persons from
the scope of the definition of dentistry, including:
1) members of the faculty of a reputable dental
college or school where such faculty members
perform their services for the sole benefit
of such school or college . . . 9) dental
interns, dental residents and dental assis-
tants as defined and regulated by the Texas
State Board of Dental Examiners in its rules
and regulations.
In Attorney General Opinion H-890 (1976) we said that a
licensing board could not enlarge upon exemptions created by
statute. Thus, in general, only those persons within article
4551b-1 may be exempted. Accordingly, professors are exempted
so long as they "perform their services for the sole benefit
of [their] . . . school or college." The Board is expressly
authorized to enact rules and regulations defining, regulating
and exempting dental interns and dental residents. Finally,
this office has previously held that employees of the United
States Public Health Service are exempted so long as they
p. 4092
The Honorable Carl C. Hardin, Jr..- page 2 (H-983)
perform services only for the Health Service. Attorney
General Opinion V-1045 (1950). -See 'Sperryv. Florida, 373
U.S. 379 (1963); Attorney General Opinion O-4764 (1942).
SUMMARY
Professors at dental colleges and schools
are exempted from annual registration with
the Board of Dental Examiners so long as
they perform their services for the sole
benefit of such college or school. Dental
interns and dental residents may be exempted
under rules and regulations of the Board
of Dental Examiners. Employees of the
United States Public Health Service are
exempt so long as they perform services only
for the Health Service.
Very truly yours,
8%
. HI L
Attorney General of Texas
APPROVED: 8
%&
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
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p. 4093