Section 36-6A-22 - Complaints filed with board--Records maintained--Investigation--Dismissal--Appeal--Disciplinary procedure.
36-6A-22. Complaints filed with board--Records maintained--Investigation--Dismissal--Appeal--Disciplinary procedure. The Board of Dentistry shall receive complaints from its members, dentists, dental groups, third party carriers providing financial reimbursement for dental services, or the public concerning a practitioner's professional practices. Each complaint received shall be logged by the secretary-treasurer recording the practitioner's name, name of the complaining party, date of the complaint, a brief statement of the complaint and its ultimate disposition. An investigation shall be conducted by a member or an appointee of the board to determine whether an alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, either with or without the consultation of the board, that no violation has been committed or the member may transfer the complaint to a peer review committee duly appointed by a state or local professional society comprised of dentists licensed to practice their profession in the State of South Dakota, or the member may request the board to fix a date for hearing on the complaint. If the investigator is an appointee of the board, dismissal of the complaint or transferal to peer review may only be made by the president. Any agreed disposition made between the investigator and the practitioner shall be made known to and approved by the board. The complaining party shall be notified promptly of the dismissal or the agreed disposition. The complaining party may appeal the dismissal to the board. The decision of the board may be appealed to the circuit court in accordance with chapter 1-26. A license shall remain in effect during the pendency of an appeal unless suspended under § 36-6A-24. All disciplinary proceedings held under the authority of this chapter shall be conducted in accordance with chapter 1-26.
Source: SL 1981, ch 275, § 27; SL 1986, ch 305, § 2; SL 1992, ch 269, § 56.