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, it seeks a response from the other party. It then determines if it needs additional information. A representative of the Board may contact the parties or witnesses to seek further information. 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. The Board as-a-whole can also only discuss complaints at its noticed, public meetings. The part of those meetings where complaints are discussed is a confidential executive session. Board members and their staff attend the executive sessions and the public does not. So, the existence of the complaints and their details are not made public at that point. The law goes on to explain that the confidentiality level changes if the Board finds discipline is warranted. If the Board decides that discipline is warranted, then the law requires that future discussions by the Board of the existence of the complaint and its non-sensitive details must be discussed in the public part of 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 Board the authority to decide if the dental professional should be disciplined for their conduct or have their license restricted or revoked. The courts have the power to rule on the monetary parts of such disputes. That means the Board does not have the authority to make consumers pay dental bills or to make dentists provide refunds. 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 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. Keep in mind, though, that the Board may not be able to honor such requests. The Board must follow Open Records laws, and those laws might require the Board to release names.
Anonymously filed complaints may also not comply with the law that explains that a “person may file a written and signed complaint” - NDCC 43-28-18.2. To the extent an anonymous complaint is filed, 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 impacted.
Confidentiality
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.
