# COMAR Title 10 — Maryland Department of Health

## Subtitle 44 — Board of Dental Examiners

### Chapter 07 — Rules of Procedure for the Disciplinary Process

#### Regulation .05 Filing of Complaints.

*COMAR 10.44.07.05*

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.