Md. Code Regs. 10.44.07.06

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

Section 10.44.07.06 - Disposition of Complaint

A. Complaints shall be referred to the Board's Triage Committee.

B. To the extent practicable, filed complaints shall be presented to the Board's Triage Committee within 60 days of their receipt.

C. To the extent practicable, the Board's staff shall remove the respondent's name and address from complaint before the documents are reviewed by the Triage Committee.

D. The name and address of the respondent shall appear on documents that are referred from the:

(1) Triage Committee to the Discipline Review Committee; or

(2) Discipline Review Committee to the Board.

E. After review of the complaint, the Triage Committee shall make recommendations to the Board's Discipline Review Committee (DRC).

F. The Triage Committee may make the following recommendations to the DRC:

(1) Dismiss the complaint;

(2) Close the case with informal action;

(3) Issue an advisory letter or letter of education;

(4) Issue a cease and desist order;

(5) Mail or deliver to the respondent a request for:

(a) A response to the complaint and a request for patient records;

(b) A response to the complaint only; or

(c) Patient records only;

(6) Refer the case to peer review for mediation;

(7) Refer the matter to the:

(a) Dental Well-Being Committee; or

(b) Dental Hygiene Well-Being Committee;

(8) Refer the matter to another governmental agency or other regulatory agency;

(9) Refer the matter for further investigation;

(10) Refer the matter to an administrative prosecutor;

(11) Request any other information or documentation from any person that the committee deems relevant to the disposition of the complaint; or

(12) Any other recommendation that the Triage Committee may make to the Board.

G. Participation in the Triage Committee is not a basis for recusal of a Board member, Board counsel, or the administrative prosecutor from further proceedings in a case.

Md. Code Regs. 10.44.07.06

Regulations .06 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)
Regulations .06 adopted effective March 1, 2004 (31:4 Md. R. 317)