AGO 81-059.

• Case Date: June 15, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-059. OPINION 81-59Date Issued: June 15, 1981 (AGO 81-59) Requested by: Dr. Al Schmiess, Administrative Assistant, North Dakota State Board of Dental Examiners- QUESTION PRESENTED - Whether the term "medical" as used in section 13-01-14 of the North Dakota Century Code applies to persons engaged in the practice of dentistry.- ATTORNEY GENERAL'S OPINION - It is my opinion that the term "medical" as used in section 13-01-14, N.D.C.C., is not restricted in its application to medical doctors and applies to persons engaged in the practice of dentistry. - ANALYSIS - House Bill No. 1210, which was passed by the 1981 Legislative Assembly and is now codified as sections 13-01-14 and 13-01-15, N.D.C.C., reads, in part, as follows:

SECTION 1. LATE PAYMENT CHARGE ON ACCOUNTS RECEIVABLE. . . .The provisions of this section shall not apply to money due on retail installment contracts, as defined in chapter 51-13; money due on revolving charge accounts, as defined in chapter 51-14; and money due on medical, hospital, and residential utility bills.

This law provides, in general, for a late payment charge to be placed on accounts receivable for certain types of debts. A review of committee minutes regarding this legislation does not answer the question raised. Such review did indicate that it was the committee's wish not to apply the late charge to medical bills. The definition of the practice of dentistry, as contained in section 43-28-01, N.D.C.C., reads: 43-28-01. DEFINITIONS.

1. For the purposes of this chapter, the term "practice of dentistry" shall mean and include examination, diagnosis, treatment, repair, administration of local or general anesthetics, prescriptions, or surgery of or for any disease, disorder, deficiency, deformity, condition, lesion, injury, or pain of the human oral cavity, teeth, gingivae and soft tissues, and the diagnosis, the surgical and adjunctive treatment of the diseases, injuries, and defects of the human jaw and associated structures.

Section 43-17-01, N.D.C.C., contains the definition of "practice of medicine" and states, in part, as follows:

43-17-01. DEFINITIONS.

2. "Practice of medicine" shall include the practice of medicine, surgery, and obstetrics. The following persons shall be regarded as practicing medicine:

One who holds himself out to the

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