43-28-18. The board may also initiate a complaint and investigation on the board's
471 words·~2 min read·
/nd/title-43/chapter-43-28-dentists/43-28-18-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
motion. 2. The board may direct a complaint committee to investigate a complaint and
recommend whether the board should initiate a disciplinary action against the dentist. 3. The board or complaint committee shall notify the dentist of the complaint, and require
a written response from the dentist. The board or complaint committee may examine
and copy records, including patient records, examine witnesses, obtain expert
opinions, require the dentist to be physically or mentally examined, or both, by
qualified professionals selected by the board, and take any other action necessary to
investigate the complaint. A request by the board or complaint committee provides
sufficient authorization to disclose patient information and records to the board or
complaint committee. Patient information and records disclosed to the board or
complaint committee are confidential. The dentist shall cooperate with the board or the
complaint committee in the investigation, including responding promptly, truthfully, and
completely to a request or requirement. 4. The complaint, response, and any record received by the board during the
investigation of a complaint or other allegation are exempt records, as defined in
section 44-04-17.1, until the board determines to proceed with a disciplinary action. 5. The board shall determine if there is a reasonable basis to believe the dentist engaged
in conduct identified as grounds for disciplinary action under section 43-28-18. If the
board determines there is not a reasonable basis to believe, the board shall notify the
complainant and the dentist. If the board determines there is a reasonable basis to
believe, the board shall proceed with a disciplinary action in accordance with chapter
28-32. 6. The board, at any time, may offer or accept a proposal for informal resolution of the
complaint or disciplinary action. 7. The board may impose a fee on the dentist for all or part of the costs of an
investigation or action resulting in discipline, including administrative costs,
investigation costs, attorney's fees, witness fees, the cost of the office of administrative
hearings' services, and court costs.
8. In any agreement, order, or decision arising out of any disciplinary investigation or
action undertaken by the board, the board may direct the licensee or registrant to pay
the board a sum not to exceed the reasonable and actual costs, including reasonable
attorneys fees incurred by the board or investigative panels of the board in the
investigation or prosecution. The board may suspend a license or registration until
costs are paid to the board. Within thirty days of the issuance of an agreement, order,
or decision, a licensee or registrant may challenge the reasonableness of any cost
item by requesting a hearing under chapter 28-32. An administrative law judge may
approve, deny, or modify any cost item, and the determination of the judge is final. The
hearing must occur before the license or registration may be suspended for
nonpayment.