Section R4-11-1503. Initial Complaint Review

A.      The Board’s procedures for complaint notification are:

1.        Board personnel shall notify the complainant and licensee, certificate holder, business entity or mobile den- tal permit holder by certified U.S. Mail when the follow- ing occurs:

a.         A formal interview is scheduled,

b.        The complaint is tabled,

c.         A postponement or continuance is granted, and

d.        A subpoena, notice, or order is issued.

2.        Board personnel shall provide the licensee, certificate holder, business entity, or mobile dental permit holder with a copy of the complaint.

3.        If a complaint alleges a violation of the state or federal criminal code, the Board shall refer the complaint to the proper law enforcement agency.

B.       The Board’s procedures for complaints referred to clinical evaluation are:

1.        Except as provided in subsection (B)(1)(a), the presi- dent’s designee shall appoint one or more dental consul- tants to perform a clinical evaluation. If there is more

than one dental consultant, the dental consultants do not need to be present at the same time.

a.         If the complaint involves a dental hygienist, dentur- ist, or dentist who is a recognized specialist in one of the areas listed in R4-11-1102(B), the president’s designee shall appoint a dental consultant from that area of practice or specialty.

b.        The Board shall not disclose the identity of the licensee to a dental consultant performing a clinical examination before the Board receives the dental consultant’s report.

2.        The dental consultant shall prepare and submit a clinical evaluation report. The president’s designee shall provide a copy of the clinical evaluation report to the licensee or certificate holder. The licensee or certificate holder may submit a written response to the clinical evaluation report.

Historical Note

New Section R4-11-1503 adopted by final rulemaking at 5 A.A.R. 580, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 11 A.A.R. 793, effective April 2, 2005 (Supp. 05-1). Amended by final rulemaking

at 19 A.A.R. 334, effective April 6, 2013 (Supp. 13-1).