1. A. The Board may commence proceedings or open an investigation under Health Occupations Article, §4-315, Annotated Code of Maryland, after the filing of a complaint:

   1. (1) Received from an individual who is not a member of the Board; or
   2. (2) Completed by the Board on its own initiative and signed by a member of the Board.

2. B. If a person who is not a member of the Board files a complaint, the complaint shall:

   1. (1) Be completed on a Board-approved form;
   2. (2) Be in writing;
   3. (3) Allege facts such that the Board may determine whether the facts may constitute violations of the Maryland Dentistry Act or the regulations adopted by the Board;
   4. (4) Contain a Release of Medical Records and a Release of Additional Information;
   5. (5) Contain an affidavit indicating that the matters set forth in the complaint are true to the best of the knowledge, information, and belief of the complainant; and
   6. (6) Be signed by the complainant.
3. C. The Board may accept a complaint for filing that substantially fulfills the requirements of this regulation.
4. D. Absent extenuating circumstances, the Board shall send a letter to the complainant or the complainant’s representative acknowledging receipt of the complaint within 45 days of its filing.

5. E. The letter referred to in §D of this regulation shall:

   1. (1) Contain a brief explanation of the Board’s complaint process; and

   2. (2) Advise the complainant that the complaint may ultimately:

      1. (a) Be dismissed;
      2. (b) Be referred to a Peer Review Committee;
      3. (c) Result in an informal action; or
      4. (d) Result in a final order.

6. F. The Board may not bring disciplinary charges against a respondent based solely on events contained in a complaint the Board receives more than 6 years after:

   1. (1) The day the complainant actually discovered the facts that form the basis of the complaint; or
   2. (2) The day when a reasonable person exercising due diligence should have discovered the facts that form the basis of the complaint.

7. G. The provisions of §F of this regulation may not apply to a complaint based on:

   1. (1) Criminal convictions or sexual misconduct or other similar boundary violations;
   2. (2) Reciprocal disciplinary matters;
   3. (3) Ongoing substance abuse;
   4. (4) Fraudulent concealment of material information; or
   5. (5) Acts that occur while a patient is a minor.
8. H. The Board shall log in and assign a case number to complaints that meet the requirements of this chapter.
9. I. Complaints that do not meet the requirements of this chapter shall be returned to the complainant with a brief explanation of why the complaint was returned.

Authority: Health Occupations Article, §§1-603, 4-205, 4-316, and 4-318, Annotated Code of Maryland

Effective date:

Regulations .01 — .09 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1989); emergency status expired February 14, 1981; adopted permanently effective March 6, 1981 (8:5 Md. R. 475)

Regulation .05A amended effective November 20, 1994 (21:23 Md. R. 1933)

Regulations .01—.09 repealed and new Regulations .01 — .31 adopted effective March 1, 2004 (31:4 Md. R. 317)

chapter revised effective March 5, 2012 (39:4 Md. R. 337)

Regulation .05A amended effective December 8, 2016 (43:24 Md. R. 1350)