Md. Code Regs. 10.44.07.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 10.44.07.05 - Filing of Complaints

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) Received from an individual who is not a member of the Board; or

(2) Completed by the Board on its own initiative and signed by a member of the Board.

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

(1) Be completed on a Board-approved form;

(2) Be in writing;

(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) Contain a Release of Medical Records and a Release of Additional Information;

(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) Be signed by the complainant.

C. The Board may accept a complaint for filing that substantially fulfills the requirements of this regulation.

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.

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

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

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

(a) Be dismissed;

(b) Be referred to a Peer Review Committee;

(c) Result in an informal action; or

(d) Result in a final order.

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) The day the complainant actually discovered the facts that form the basis of the complaint; or

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

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

(1) Criminal convictions or sexual misconduct or other similar boundary violations;

(2) Reciprocal disciplinary matters;

(3) Ongoing substance abuse;

(4) Fraudulent concealment of material information; or

(5) Acts that occur while a patient is a minor.

H. The Board shall log in and assign a case number to complaints that meet the requirements of this chapter.

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.

Md. Code Regs. 10.44.07.05

Regulations .05 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 .05 adopted effective March 1, 2004 (31:4 Md. R. 317); amended effective 43:24 Md. R. 1350, eff. 12/8/2016