Regulation .05 Filing of Complaints.
Regulation .05 Filing of Complaints.LinkCopy Citation
A.
The Board may commence proceedings or open an investigation under Health Occupations Article, §4-315, Annotated Code of Maryland, after the filing of a complaint:
(1)
Received from an individual who is not a member of the Board; or
(2)
Completed by the Board on its own initiative and signed by a member of the Board.
B.
If a person who is not a member of the Board files a complaint, the complaint shall:
(1)
Be completed on a Board-approved form;
(2)
Be in writing;
(3)
Allege facts such that the Board may determine whether the facts may constitute violations of the Maryland Dentistry Act or the regulations adopted by the Board;
(4)
Contain a Release of Medical Records and a Release of Additional Information;
(5)
Contain an affidavit indicating that the matters set forth in the complaint are true to the best of the knowledge, information, and belief of the complainant; and
(6)
Be signed by the complainant.
C.
The Board may accept a complaint for filing that substantially fulfills the requirements of this regulation.
D.
Absent extenuating circumstances, the Board shall send a letter to the complainant or the complainant’s representative acknowledging receipt of the complaint within 45 days of its filing.
E.
The letter referred to in §D of this regulation shall:
(1)
Contain a brief explanation of the Board’s complaint process; and
(2)
Advise the complainant that the complaint may ultimately:
(a)
Be dismissed;
(b)
Be referred to a Peer Review Committee;
(c)
Result in an informal action; or
(d)
Result in a final order.
F.
The Board may not bring disciplinary charges against a respondent based solely on events contained in a complaint the Board receives more than 6 years after:
(1)
The day the complainant actually discovered the facts that form the basis of the complaint; or
(2)
The day when a reasonable person exercising due diligence should have discovered the facts that form the basis of the complaint.
G.
The provisions of §F of this regulation may not apply to a complaint based on:
(1)
Criminal convictions or sexual misconduct or other similar boundary violations;
(2)
Reciprocal disciplinary matters;
(3)
Ongoing substance abuse;
(4)
Fraudulent concealment of material information; or
(5)
Acts that occur while a patient is a minor.
H.
The Board shall log in and assign a case number to complaints that meet the requirements of this chapter.
I.
Complaints that do not meet the requirements of this chapter shall be returned to the complainant with a brief explanation of why the complaint was returned.