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 Board of Dental Examiners. In order to process any complaint it must first be presented to the Board in writing using a complaint form downloaded from the web site or requested by calling or writing the Board office. Complaint forms must be completed including the authorization for release of medical records. 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 individual submitting the complaint for further information. Other than during a meeting of the Board, members of the Board may not discuss the complaint with complainants or any other parties of interest. The party against whom the complaint is written will receive a copy of the complaint and must respond to the Board in writing. After the Board's Complaint Committee has completed its investigation a written notice regarding the conclusion or decision reached by the Board is provided to both parties.
If the Board determines that a complaint is not within its jurisdiction to act upon, or determines that no law or administrative rule has been violated, the dismissed complaint may be forwarded to the Peer Review Committee of the North Dakota Dental Association for further review.
The North Dakota State Board of Dental Examiners is not a subsidary of the North Dakota Dental Association. However, the ND Dental Association's mediation process offers the consumer another option for resolving an issue, such as a fee dispute where the Board of Dental Examiners has no jurisdiction.
The Board cannot represent citizens who seek to recover fees paid or remedies for injuries. In addition, the Board cannot provide specific legal advice to individuals about their rights or represent them in any action. A legal action to recover monetary damages from a practitioner is independent from a Board proceeding. You may consult a private attorney about your legal rights and remedies.
Confidentiality: It is important to remember that by filing a complaint and submitting the signed and notarized complaint form, that patient/doctor relationship is no longer private. Discussion about the complaint occurs at meetings of the Board. Board meetings and minutes of Board meetings are open to the public. The Board or Complaint Committee may examine and copy records, including patient records, examine witnesses, obtain expert opinions, and take any other action necessary to investigte the complaint. Patient information and records disclosed to the Board or Complaint Committee remain confidential. The Board will not discuss health history or health information in public.
When the Board receives a complaint and determines that no laws have been violated (for example in a dispute over dental fees), the complaint is dismissed. Tthe Board may resort to referring the case to the North Dakota Dental Association. The dispute resolution process serves the public by providing an alternate means of mediating disputes. The North Dakota Dental Association's format for addressing Peer Review is not a court and has no disciplinary function. Peer review provides an alternative dispute resolution mechanism, at no cost to either party. Alternatively, you may consult an attorney and pursue the matter through the court system. The North Dakota Dental Association is not associated with, affiliated with, or a subsidiary of the Board of Dental Examiners.
North Dakota Dental Association