Montana Attorney General Opinion 16-317

Opinion No. 317. Dentists-Advertising nlegally. HELD: The Montana Dentistry Regulation Act does not prohibit the placing of illegal professional adver- tisements in "Montana newspapers by non-resident dentists. July 8, 1936. Dr. T. T. Rider Secretary-Treasurer, Montana State Dental Association Missoula, Montana You have enclosed an advertise- ment of the Peerless Dentists of Spo- kane, Washington, in the Daily Mis- soulian of June 22, 1936, and request my opinion thereon. This advertisement not only ad- vertises prices but professional su- periority, or performance of profes- sional services in a superior manner, which are prohibited by Section 3115.13, R. C. M. 1935, Chapter 48, Laws of 1935. Since the penalty for such illegal advertising is suspension or revoca- tion of license to practice dentistry in this state, and since the advertising dentists are residents of Spokane, Washington, and do not practice den- tistry in this State, it is my opinion that nothing can be done. I do not find any law prohibiting such adver- tising and fixing a penalty therefor, except the section cited above. Be- cause there is no law prohibiting it, I do not think there is any legal ground for injunction against the newspaper from accepting such ad- vertising copy.