Vollan v. Wyoming Board of Dental Examiners

Summary

The Supreme Court of Wyoming affirmed summary judgment and an injunction against Gary W. Vollan, holding that his denturist practice constituted the practice of dentistry under Wyoming law. Because Vollan examined patients, created dentures, placed them in patients' mouths, and adjusted them without working at the direction of a licensed dentist, he was practicing dentistry without a license.

Holdings

1. A person practices dentistry under Wyo. Stat. Ann. § 33-15-114(a)(iii) when the person creates oral prosthetics, places them in the human mouth, or attempts to adjust them after placement. Vollan's admitted activities therefore constituted the practice of dentistry.
2. The exception in Wyo. Stat. Ann. § 33-15-114(a)(xii) did not apply because Vollan did not construct the oral prosthetics at the order of a licensed dentist.
3. Summary judgment for the Board and the injunction prohibiting Vollan from practicing dentistry without a license were proper.

Questions Presented

1. Whether Vollan's denturist activities constituted the practice of dentistry under Wyo. Stat. Ann. § 33-15-114.
2. Whether the statutory exception for dental laboratories or dental technicians applied to Vollan's practice.
3. Whether the district court properly granted summary judgment and enjoined Vollan from practicing dentistry without a license.

Disposition

affirmed