The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5580 October 11, 1979 PUBLIC HEALTH CODE: Dentists operating more than one dental office DENTISTS: Dentists operating more than one dental office The State Board of Dentistry may not limit the number of dental offices which a dentist may operate. Hon. David S. Holmes, Jr. The Senate The Capitol Lansing, Michigan You have asked my opinion as to whether the State Board of Dentistry has authority under the Public Health Code, 1978 PA 368; MCLA 333.1101 et seq; MSA 14.15(1101) et seq, to adopt a rule prohibiting a dentist from operating more than one dental office. Prior to the enactment of the Public Health Code, supra, section 16 of the Dentistry Act, 1939 PA 122; MCLA 338,201 et seq; MSA 14.629(1) et seq, provided in pertinent part as follows: 'No person or persons shall own, or be financially interested in, or manage more than 1 office for the practice of dentistry in any location or locations and operate them under his or their own name, with employed operators. No dentist or dentists shall be associated or connected with, in any manner, any offices or rooms where the profession of dentistry is practiced unless such dentist or dentists shall be actually engaged for the major portion of their time in the practice of dentistry at such office or rooms: Provided, however, That the provisions of this paragraph shall not apply where a licensed dentist, with the approval of the board, shall choose to practice dentistry, under his own name, 1 or more days of a given week in 1 location other than the location of his principal office.' 1939 PA 122, supra, was repealed by the Public Health Code, supra, Sec. 2501(a). The consequence of a repeal is to destroy the effectiveness of the repealed statute as if it never existed. Detroit Trust Co v Allinger, 271 Mich 600, 610; 261 NW 90 (1935); 1A Sutherland Statutory Construction (4th ed), Sec. 23.33, p 279. Thus, the repeal of 1939 PA 122, Sec. 16, supra, by the Public Health Code, supra, has removed the authority of the Board to restrict the number of dental offices a dentist may operate. Inasmuch as the Public Health Code, supra, does not provide authority to the Board to regulate the number of dental offices a dentist possesses, it is my opinion that there is no limitation on the number of offices that a dentist may operate. Frank J. Kelley Attorney General