An individual may file a complaint with the Board. Completing the comlaint form provided by the Board is strongly encouraged. Doing so assists the Board by quickly providing it with information it needs to efficiently investigate a matter. Those who submit complaints may include supporting documents such as patient records, images, insurance and billing statements, and other pertinent information.
After receiving a complaint, the Board seeks a response from the dentist, hygienist, or assistant that is being complained about. The Board will contact the parties if it needs additional information.
When processing complaints, the Board must follow state public records and meetings laws. That means it can only discuss complaints at its noticed, public meetings. Board meetings generally occur once every quarter.
To protect privacy of senstive data such as patient records, complaints are discussed in a confidential portion of Board meetings. The confidential session (often referred to as an "executive session") is attended by Board members and staff; the public does not attend executive sessoins. Once the Board decides that discipline is warranted, the existence of that complaint and its non-sensitive details can no longer be discussed in executive session. Instead those matters are discussed in the public part of Board meetings.
After the Board completes its investigation and reaches a decision, it provides a written notice to each party.
Please do not contact Board Members to discuss a complaint. If you have questions about a complaint, please reach out to the Board's staff.
Sometimes complaints that are received by the Board include disagreements about the costs of dental care. Examples are requests for refunds, requests for money to compensate a patient for harm, or requests that a patient pay their dental bill. The Board, however, generally does not have the authority to make financial or monetary awards. The Board cannot order consumers pay dental bills and cannot order dentists to provide refunds.
Those seeking payment, refunds, or reimbursements are encouraged to try to resolve that part of their dispute between themselves. They may also consult with attorneys about legal options.
The Board may not provide legal advice to patients, complainants, dentists, hygienists, assistants, or any other individuals.
The Board recognizes that some individuals who submit documents to the Board may wish to remain anonymous or have their submissions remain confidential and non-public. The Board, however, cannot assure anonymity and cannot always grant requests to keep matters from the public--because it must follow Open Records laws.
Anonymously filed complaints may also not comply with the law that explains that a “person may file a written and signed complaint." See NDCC 43-28-18.2. If anonymous materials are submitted, the Board’s ability to investigate and gather information may be substantially reduced, and the dental professional's right to a full and fair opportunity to defend themself may be negatively impacted.
