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Kentucky Board of Dentistry Kentucky Board of Dentistry

 


Complaint Process

Dental patients have a right to expect a professional standard of care from their dentist and dental hygienist.  As the agency responsible for regulating the dental profession and protecting the public in matters related to dentistry, the board will investigate complaints and take appropriate action.

The board does not become involved with fee disputes between patient and dentist.   

How Does the Complaint Process Work?

All dental complaints should be sent in writing to the board office.  Patient complaints received in writing at the board office will be assigned a case number. The complaint will be reviewed by the Law Enforcement Committee at its next scheduled meeting.  If it has been determined by the committee that no law has been broken, the complainant will receive notification from the board. If the Law Enforcement Committee believes a law may have been broken, an investigation will take place. 

If the board files formal charges against a dentist or a dental hygienist as a result of the investigation, an administrative hearing may be held. A formal hearing involves lawyers, a court reporter, hearing officer, and witnesses. If the board finds that the dentist or dental hygienist has not met the prescribed standard of care and conduct, it has the authority to impose penalties ranging from an agreed order to the suspension or loss of his or her license.

What Might I Expect as an Outcome of a Complaint?

The complaint process is a detailed and careful one and the complainant should expect some delay. In every case, the dentist or dental hygienist will be informed that a complaint has been filed, the name of the complainant, and the disposition of the complaint when the case is closed or charges have been filed.

Not every complaint results in disciplinary action by the board if the dentist or dental hygienist has not violated the laws governing dentistry. If charges are filed, an administrative hearing may be held similar to a court trial, which is open to the public.

Witnesses and complainants may be subpoened to provide testimony regarding the case. In this event, the assistant attorney general assigned to the board will provide assistance to witnesses and complainants in preparing for the hearing. If the board orders a specific sanction, the dentist or dental hygienist has the right to appeal, and the final decision may be delayed in the courts.

Decisions to dismiss or settle cases or propose disciplinary measures are solely the decision of the board and may be subject to review by the courts.

If the board files formal charges or takes formal action against a dentist or dental hygienist, those documents will become public record, which can be viewed by any individual upon request. The record may include the written complaint, transcripts or reports of interviews, letters, and other reports. All testimony and evidence admitted in a formal hearing also have the status of a public record. Patient records obtained in the process of the investigation are protected from disclosure as a public record.

Complainants may be kept informed throughout the various stages of the complaint process, and will be advised of the final outcome.  However, to protect the integretity of the investigative process, the board will not release any information or comment on any complaint until it has concluded its investigation.

Patient monetary compensation is not a responsibility of the board. If complainants are unable to reach an acceptable settlement with their dentist or dental hygienist and/or their representative, the complainant should seek legal advice of their own choosing.

 

How Do I File a Complaint?

Complete a detailed complaint form, providing all pertinent information. Also, sign and date an Authorization for Release of Medical and Dental Records form giving the board permission to look at the appropriate records, if necessary.

 Pencil on paper icon Complaint Form (PDF)


Pencil on paper icon Authorization for Release of Medical and Dental Records (PDF)

Complaints Should be Mailed to:

Kentucky Board of Dentistry
312 Whittington Parkway, Suite 101
Louisville, Kentucky 40222
Phone: (502) 429-7280
Fax: (502) 429-7282

 

Last Updated 8/26/2008
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