|
Pursuant
to Ohio Revised Code 4515-03(D), the Board shall investigate evidence
which appears to demonstrate that the Dental Practice Act has
been violated. Any person may report to the Board any information
which tends to show that the law has been violated. In the
absence of bad faith, any person who reports information to the
Board or who testifies before the Board in any disciplinary proceeding
is not liable for civil damages as a result of his/her report
(complaint) or testimony. (R.C. 4715.03(D)). Further, information
reported to the Board and the subsequent investigation thereto
is confidential.
Types
of Complaints Addressed by the Board
The
Ohio State Dental Board may discipline its licensees for violations
of the Dental Practice Act. These violations may include:
- Fraud
or material deception in applying for or obtaining a license
or certificate
- Obtaining
or attempting to obtain something of value by misrepresentation
or deception in the course of practice
- Inappropriate
advertising
- Conviction
of a felony
- Conviction
of a misdemeanor in the course of practice
- Engaging
in lewd or immoral conduct in connection with the provision
of dental services
- Prescribing
drugs in excessive amounts or without legitimate reason
- Providing
care that falls below the accepted standards for the profession
(incompetence)
- Impairment
of ability to practice because of drug or alcohol abuse, or
because of physical or mental illness
- Performing
duties beyond the scope of the license
- Failing
to comply with infection control requirements
- Failing
to meet continuing education requirements
Types
of Complaints Not Addressed by the Board
- Fee
disputes between you and your dentist
- Get
money back that you feel is owed to you
- Investigate/discipline
practitioners who are not licensed by the Dental Board (dentists
licensed in another state, or a person licensed by another state
agency)
The
Dental Board staff will assist you in determining if your complaint
can be handled by the Board. If the Board cannot handle your complaint,
the staff may refer you to another agency or organization for
assistance.
The
Dental Board can take action against a licensee's privileges to
practice, however, it cannot assist you in suing a practitioner
for money damages.
How
is a Complaint Filed
Complaints
are filed with the Board by mail. The staff accepts calls regarding
complaints (614-466-2580), but you will be asked to follow up
the call with a written complaint to the Board. If a staff member
is not available to assist you, please leave a message and your
call will be returned.
The
complaint form is available on our website by clicking on the
FORMS menu button option, or you may send a letter to the Ohio State Dental Board, 77 South High Street, 18th Floor, Columbus, Ohio 43215-6135. Be sure to include the practitioner's full name and business address with phone number, and a detail of the complaint. Please also include your full name, address and telephone number, and the names and addresses of any individuals you believe would assist the Board in investigating your complaint, so the Board may be able to follow up if additional information is needed.
Because
the Board's investigations are confidential by law, the Board
is not able to notify you of the step-by-step progress of the
investigation. However, you may inquire of the status of your
complaint by calling the Board office.
The
Complaint Process
To
maintain confidentiality and to ensure that every complaint brought
to the Board's attention is reviewed, each complaint is assigned
a case number. Your complaint is then reviewed by the Board Secretary
and Enforcement Supervisor to determine whether the Board has
the legal authority/jurisdiction to act on the complaint made.
The Board only has the legal authority to investigate cases that
indicate that the Dental Practice Act has been violated.
Although
all complaints are evaluated, many complaints do not result in
formal disciplinary action being imposed by the Board. After the
initial review of the case, if it is determined that the Board
does not have jurisdiction, the case will be closed, and you will
notified of this in writing.
If
the Board does have jurisdiction, the case will be assigned to
an investigator. The Board's investigators work throughout the
state, and their job is to gather all relevant information so
that the case can be assessed by the Board Secretary. The Board
Secretary oversees the investigations and serves as an advisor.
Outside experts may also be retained in investigating a complaint.
The
Board investigator may obtain records, seek information through
interviews with you and/or other individuals relevant to the complaint,
including the practitioner and any colleagues. Also, hospitals,
insurance companies and pharmacies may also be contacted, depending
on the nature of the complaint. The Board has subpoena power and
will utilize this power when warranted.
If
you choose to keep your name confidential, the Board will honor
your request; however, withholding the complainant's identity
may make it difficult or impossible to conduct a thorough investigation.
All information related to Board investigations is required by
law to remain confidential.
|