Filing a Complaint | Legal Advice | Dispute Resolution
An individual may elect to file a complaint and proceed through the investigatory and adjudicative process with the North Dakota State Board of Dental Examiners. To process any complaint, it must first be presented to the Board in writing; ideally using the Board's complaint form. The form can be printed or you may request a form by calling or emailing the Board office to have a form sent to you. The form must be signed and notarized. Most banks or libraries have a notary public on staff. Complaints must include the authorization for release of medical records. Incomplete complaint forms will be returned for completion. Please include supporting documents such as insurance claims, billing statements, x-rays, diagnostic photographs, or other pertinent information.
After the Board receives a complaint, a representative of the Board may contact the parties or witnesses to seek further information. During its investigations, the Board may seek patient, financial and other records, interview witnesses, seek expert opinions, and take other investigatory steps allowable by law. To reinforce compliance with state public records and meetings laws, members of the Board do not discuss the complaint with complainants or any other parties of interest outside of Board meetings. Please do not contact or approach Board members to discuss your complaint or allegations.
As a part of the complaint process, the party against whom the complaint is filed will receive a copy and be given an opportunity to respond to the Board in writing. After the Board has completed its investigation, a written notice regarding the conclusion or decision reached by the Board is provided to each party.
Sometimes complaints filed with the Board include both problems about the dental care and disagreements about the costs of the care. The state legislature separated out powers for how such disputes are decided. They have given the Board the authority to decide if the dental professional should be disciplined for their conduct or have their license restricted or revoked. They have given the courts the power to rule on the monetary parts of such disputes. That means the Board does not have the authority to make monetary awards, provide refunds, or require one party to pay money to another. This separation ensures fair treatment for everyone involved because the courts have been given the resources to fully assess all aspects of monetary disputes. If any party to a matter being investigated by the Board seeks a form of payment, refund, or reimbursement, the Board encourages the parties to try to resolve that dispute between themselves or consult with lawyers about legal options.
The Board may not provide legal advice to patients, complainants, licensees, registrants, or any other individuals.
The Board recognizes that some individuals filing complaints may wish to remain anonymous. If you are considering filing an anonymous complaint, it is important to keep in mind that state law explains that a “person may file a written and signed complaint” - NDCC 43-28-18.2. Anonymously filed complaints may not comply with that law. Also, submitting a complaint anonymously can significantly limit the Board’s ability to investigate and gather information, reduce the Board ability to obtain needed dental and other records, and prevent the licensee from having a full and fair opportunity to defend themself.
Pursuant to state law, once a complaint or allegation is filed with the Board, it, and the related materials, including the patient/doctor relationship, are no longer fully private. Specifically, the Board is allowed to discuss complaints and allegations in a non-public portion of their meetings and is allowed to keep the related documents non-public—but only up until the point the Board decides discipline is warranted. If the Board decides discipline is warranted, the Board’s ability to keep this information private is limited in various ways.
