1. A complaint, as defined herein, may be
filed with the Secretary of the Board (through the Board's Executive Director)
by any one or more of the following individuals:
A. Any person or patient charging a licensed
dentist or dental hygienist with the commission of any of the offenses
enumerated in the Mississippi Dental Practice
Act,
B. Any member of
the Board, or
C. An Investigator of
the Board.
Upon receipt of a complaint indicating a possible violation
of the Mississippi Dental Practice Act, the Board or
designated member of the Board, shall review the complaint and determine if
there is substantial justification to conduct an investigation. An
investigation may be conducted by any member of the Board, its staff or
designated representative/agent (hereinafter "Investigative Staff"). An
investigation may be conducted although a formal written complaint has not been
received, if the Board has received information indicating non-compliance with,
or violation of the provisions of the Mississippi Dental Practice
Act.
2. If, as a result of the aforementioned
investigation, substantial justification exists to believe that the accused
dentist or dental hygienist has committed any of the offenses enumerated in the
Mississippi Dental Practice Act, the Board may either:
A. Initiate formal disciplinary proceedings
as provided in Rule 1.4. below.
B.
Resolve the matter through negotiation and execution of a consent order as
provided in Rule 1.10.6. below.
If, as a result of the investigation, it is determined that
insufficient cause exists to initiate disciplinary proceedings, the complaint
shall be dismissed or remanded to file.
3. During an investigation, the Investigative
Staff may interview and take the statements of witnesses and licensees.
Further, the Investigative Staff may inspect, copy and/or seize records,
documents and other matters as authorized by Board regulation or state and
federal law. During an interview of a licensee, the Investigative Staff shall
inform the licensee of the nature and purpose for the investigation and, if
requested, provide licensee with a copy of any written complaint which may have
prompted the investigation, provided, that if a complainant has requested
anonymity, all identifying data of the complainant shall be removed
therefrom.
