1. A. Any person may file a written and signed complaint with the Board of Dentistry, alleging that another person has sought to practice or has illegally practiced dentistry or dental hygiene, or has otherwise violated the provisions of the State Dental Act or the rules of the Board, and the facts upon which the allegations are based. The complaint shall be directed by the president of the Board to two specific Board members for review.

2. B. The Board members who review a complaint shall constitute a review panel. A review panel may conduct or cause to be conducted any investigation of the allegations in the complaint as it reasonably determines may be needed to establish, based on the evidence available to the panel, whether it is more likely than not that:

   1. 1. A violation of the provisions of the State Dental Act or the rules of the Board has occurred; and
   2. 2. The person named in the complaint has committed the violation.
3. C. In conducting its investigation, a review panel may seek evidence, take statements, take and hear evidence, and administer oaths and affirmations. A review panel may also use Board attorneys and investigators appointed by the Board to seek evidence.

4. D.

   1. 1. If a review panel determines, based on the evidence available to the panel, that it is more likely than not that a violation of the provisions of the State Dental Act or the rules of the Board has occurred and that the person named in the complaint has more likely than not committed the violation, the review panel may recommend in writing to the Board that the Board initiate an individual proceeding, pursuant to Article II of the Administrative Procedures Act, against the person named in the complaint. The members of the review panel shall be excluded from participating as Board members in an individual proceeding initiated by the Board based upon their recommendation.

   2. 2. The review panel may elect not to recommend that the Board initiate an individual proceeding against the person named in the complaint and may secure a written and signed settlement agreement with such person. A settlement agreement:

      1. a. shall specify the provisions of the State Dental Act or the rules of the Board which such person is alleged to have violated,
      2. b. shall provide that such person agrees not to violate the provisions of the State Dental Act or the rules of the Board in the future,
      3. c. may contain any of the penalties specified in Section 328.44a of this title, and
      4. d. may contain any other provisions agreeable to the review panel and the person involved.

   3. 3. When a settlement agreement is entered into, it shall remain part of the investigation file, and may be used against the person involved only if the person involved violates the settlement agreement. Informal resolution of complaints is encouraged. All settlement agreements shall be reported to the Board. A settlement agreement must receive final review and approval by the Board if it contains any of the following penalties specified in Section 328.44a of this title:

      1. a. suspension of a licensee or permit issued by the Board,
      2. b. revocation of a license or permit issued by the Board,
      3. c. issuance of a censure,
      4. d. placement on probation, or
      5. e. restriction of the services that can be provided by a dentist or a dental hygienist.
5. E. If a review panel does not make the determination specified in subsection D of this section, the panel shall dismiss the complaint and direct the principal administrative officer of the Board to give written notification of the dismissal to the person who filed the complaint and to the person named in the complaint.
6. F. A review panel may act without complying with the Oklahoma Open Meeting Act.

Laws 1996, HB 1880, c. 2, § 15, eff. November 1, 1996; Amended by Laws 1997, HB 2090, c. 108, § 6, eff. November 1, 1997 (superseded document available); Amended by Laws 2003, HB 1445, c. 172, § 7, emerg. eff. May 5, 2003 (superseded document available).