The guidelines listed below are general steps after a complaint has been filed with the Arizona State Board of Dental Examiners. 1. Filing a Complaint When the Board receives a complaint form, the information is verified and a complaint number is assigned. An acknowledgment letter is sent to the Complainant (patient) and a subpoena for the patient’s records is sent to sources identified in the complaint. When the Respondent (dentist, dental hygienist, or denturist) submits the patient’s records, a copy of the complaint is then sent to him/her. The Board may terminate the complaint if it is not in its jurisdiction. 2. Mediation Upon agreement by both you and the respondent, the case may be referred to mediation for settlement. This mediation would be conducted at the Board’s office by an independent mediator. Once the parties reach an agreement and all terms are met, the Board would dismiss the case. Panel Review A panel, usually consisting of two dentists, will review your complaint, the dental records, and a written response from the respondent. The panel will then recommend one of the following options: A recommendation to the Board Members that there is insufficient evidence to support the complaint and it should therefore be terminated. A recommendation to the Board Members that there has been no violation of the law but the case should result in a Letter of Concern to the respondent. A Clinical Evaluation, this examination of the dental work provided to you is completed in a dental facility. The patient is examined by an impartial, Board-approved consultant. After the Clinical Evaluation, the case may proceed to an Investigative Interview. An Investigative Interview, if the panel does not think a Clinical Evaluation is needed. This meeting is designed to allow both sides to testify under oath regarding the complaint. Parties are encouraged to submit all information at or prior to the Investigative Interview. The Investigative Interview Panel usually consists of two dentists and one layperson. An Investigative Interview is an informal administrative hearing held at the Board’s Office. This is your opportunity to present your side of what happened (in other words, why you are filing a complaint) to an investigative, Board-approved panel. This panel, which includes one consumer member who is not a dental professional, is responsible for establishing the facts of the case and recommending any discipline, if necessary, to the Board. Investigative Interviews are tape-recorded. Findings of fact, conclusions of law, and recommendations developed by the Investigative Interview Panel are forwarded to the Board Members for their review and action. Board Meeting You will be noticed by mail of the Board meeting when your case will be heard. Three to five minutes are allowed to each party who wishes to address the Board. Board Members review all cases prior to the meeting, including recommendations from the panel. If the case has had an Investigative Interview, members of the Board vote at the Board meeting on the complaint’s findings of fact, conclusions of law, and the recommendations. All findings, x-rays, records, etc. are available to Board members to review before voting. Complainant and Respondent receive a document outlining the action the Board took on your complaint. This may include findings of fact, conclusions of law, orders, plus appeal rights. Tape Recordings A copy of the tape recording from any Investigative Interview or Board Meeting can be purchased by check or money order in the amount of $10.00 upon written request. |