§ 5-31.1-11 - Complaints.
SECTION 5-31.1-11
§ 5-31.1-11 Complaints. – Any person, firm, corporation, or public officer may submit a written complaintto the board charging the holder of a license to practice dentistry or dentalhygiene or a limited registrant with unprofessional conduct, specifying thegrounds for the charge. The board shall review all complaints and, in thoseinstances where no referral is made to an investigating committee, the board ofexaminers in dentistry shall make a written finding of facts with regard to thecomplaint. All complaints considered by the board or an investigating committeeof the board shall be reported within six (6) months of the receipt of thecomplaint unless the board on a case by case basis, for good cause shown, inwriting, extends the time for consideration; provided, that failure to reportdoes not divest the board of its jurisdiction to pursue the rights and remediesestablished in this chapter. If the board determines that the complaint meritsconsideration, or if the board, on its own initiative without a formalcomplaint, has reason to believe that any holder of a license or limitedregistration to practice dentistry or of a license to practice dental hygienemay be guilty of unprofessional conduct, the chairperson shall designate two(2) members of the board, at least one of whom is a public member, to serve asa committee to investigate, and report upon the charges to the board. If thecomplaint relates to a dentist one member of the committee shall be licensed asa dentist. If the complaint relates to a dental hygienist one member of thecommittee shall be licensed as a dental hygienist. Investigations shall remainconfidential and all initial hearings, investigatory hearings, and fullhearings before the board shall remain confidential. In the event that ahearing takes place before the hearing committee of the board, all decisions ofthe board shall present conclusions of fact and conclusions of law applicableto the decision, which it has rendered. The board shall make public alldecisions including findings of fact and conclusions of law, which call for anysanction against a license holder as prescribed in § 5-31.1-17. Followingthe investigation, the committee shall present its evaluations andrecommendations to the board. The board shall review the committee's findingsto determine whether to take further action, but no member of the board whoparticipated in the investigation may participate in this review or anysubsequent hearing or action taken by the board. The hearing committee shallconsist of the remaining members of the board. Four (4) members of the hearingcommittee constitute a quorum for the transaction of business. The chairpersonof the board shall preside over the hearing.