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Trial a Bit Closer for Dentists, Hygienists

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The legal dispute between California dental hygienists and dentists moved a step closer toward trial Monday in Santa Monica Superior Court.

Judge Irving A. Shimer denied a motion to dismiss the California Dental Hygienists Assn.’s counter-complaint against the California Dental Assn., ruling that the hygienists’ group had shown cause to continue the case.

The hygienists filed a countersuit in early 1988 alleging that the dentists’ association had violated the state’s antitrust laws by trying to eliminate possible competition by licensed hygienists in providing dental services in California.

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The dentists had charged in a case filed in December, 1987, that the hygienists had engaged in illegal price-fixing by exchanging salary information. Shimer dismissed the dentists’ suit in February. His decision is being appealed.

Behind the legal contest is a battle over the role of hygienists in providing dental services. The dentists’ association has insisted that patients may be abused if hygienists are allowed to operate without supervision.

Kay Lucas-Wallace, the San Francisco attorney who represents the hygienists, said the organization plans to proceed to trial.

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