Montana Attorney General Opinion 17-101

Opinion No. 101. Dentistry-Admission to Practice- Citizenship Not a Requirement. Reciprocal Admission With Canadian Provinces. HELD: Section 3\15.6 does not permit reciprocal admission to practice dentistry with Canadian Provinces as 110 OPINIONS OF THE ATTORNEY GENERAL they are not a state or territory within the meaning of said section. Citizenship is not required for ad- mission to practice when made by written examination under the pro- visions of 3115.5. May 12, 1937. Dr. Leonard A. Jenkin Secretary, Montana State Board of Dental Examiners Great Falls, Montana Dear Dr. Jenkin: You have submitted the following: "The question of reciprocity, or the exchange of licenses to practice den- tistry, between the different states and graduates in dentistry of the Canadian provinces, has been a con- troversial problem in dental circles between the two nations for many years. Quite a number of our east- ern states admit Canadian graduates with dental degrees from such repu- table institutions as McGill U ni. Tor- onto Univ. etc. to their State Board examinations, without any proviso whatsoever. "The Montana State Board of Den- tal Examiners at their next annual meeting in June of this year, will sit for the examination, a Dr. A. M. Watson of Lethbridge, Alberta a graduate of McGill. The only' re- quirement we will expect from Dr. Watson, in addition to the require- ments of the Montana Dentistry Reg- ulation Act, will be American citizen- ship. The province of Alberta does not exact this much from our own American graduates, who may wish to practice dentistry in Alberta, and this letter is written you and your high office, to ascertain whether we as a board are within our rights to exact this much from Dr. Watson. Have we the authority to assume this much? There is no clause of course in our dental law, that deals with citizen- ship." The second paragraph of Section 31.15 .. 6 states the requirements for ad- mISSIOn to practice dentistry in the State of Montana, of "any dentist who has been lawfully licensed to practice in .another state or territory." The re- qUIrements therein given are the only ones imposed. Citizenship is not one of them, and in the absence of such requirement by statute, it is my opinion that the board may not add it to the specific requirements fixed by the legis- lature, provided a Canadian Province may, under our statute, be classified as a "state or territory" within the mean- ing of said section, which permits re- ciprocal relations with states or terri- tories. ~~ used in our statute, it is my op1l11On that the words "states" and "te~ritories" do not connote a foreign natIon or a legal subdivision thereof. The word "state" has a definite fixed legal a!1d technical meaning and is used to deSIgnate a member of the Union unless a broader construction is re- quired by the context of the statute and is necessary to effectuate its evident purpose (59 C. J. p. 15). Likewise the word "territory" is used to designate some part of the United States not in- cluded within the limits of any other state, and not yet admitted as a state into the Union, organized and exercis- ing governmental functions under Act of Congress (62 C. J. 783 Section I). In my opinion the co~text of the statute does not require·a broader con- struction of these words and if this is true, said statute, Sectior: 3115.6 would have no application to foreign c~untries or provinces thereof. If such was the legislative !ntent and policy, it was not expressed 111 the statute. It might be regrettable that the statute is not broad enough to include the reciprocal ex- change of favors between this state and the provinces of Canada with which our relations have always 'been mutual- ly friendly, but this is a question of legislative policy with which this office may not concern itself. In the absence of statute to the con- trary, we see no reason, however, why a person, who may be a citizen of Canada, may not, upon written exami- nation as provided by Section 3115.5 be permitted to practice dentistry in 'the Sta~e of Mont<l:na, as citizenship in the U11Ited States IS not required for such admission under this section.