Batty v. Arizona State Dental Bd

In Batty v. Arizona State Dental Bd. (57 Ariz 239, 112 P2d 870 [1941]), the Supreme Court of Arizona beautifully articulated the nature of the fraud and deception, stating: "The purpose and the only justification of the various statutes regulating the practice of medicine in its different branches is to protect the public against those who are not properly qualified to engage in the healing art, and one who is not licensed under such statutes is conclusively presumed to be unqualified. When a patient employs a physician he has the right to assume the latter will advise him properly in all matters pertaining to his ailments, and this certainly includes advice as to who are properly qualified to assist in his treatment. Fraud may be committed by a failure to speak, when the duty of speaking is imposed, as much as by speaking falsely." (57 Ariz at 254, 112 P2d at 877; State Dental Council & Examining Bd. v. Pollock, 457 Pa 264, 274 n 6, 318 A2d 910, 916 n 6 [1974] ["(I)t is a fraud on members of the public who expect and pay for the services of a licensed dentist"].)