Filing a Complaint with the Board
If you have knowledge of a potential or actual violation of Oregon law,
administrative rule, or doctor-patient relationship, you should contact the
Oregon Board of Dentistry (OBD) and request a complaint form. You are also
welcome to call if you have any questions. To a large degree the Board's
ability to "protect the public health and safety" is dependent upon
the willingness of patients and other licensees to contact the Board regarding
concerns of potential unacceptable patient care or unprofessional
conduct.
We ask that all complaints be submitted in writing, preferably on the form
provided by the Board. Using this form ensures that enough basic information is
received in order to initiate a proper investigation. It is also helpful to the
investigatory process that you use and sign the Board's form because it
assists the Board in accessing appropriate dental and medical records. A copy
of the Board's Complaint Form is provided below which is a fillable PDF
document which you can download, fill in, print and mail to the Board office.
Contact information is requested in case we need further information although
you can choose to remain anonymous. If you choose to remain anonymous please
make sure you provide enough information that we can follow through on the
complaint.
The Board does not have
jurisdiction over: fees, personality conflicts, rude behavior, or the
scheduling of appointments.
Confidentiality of Complaints
Complaints filed with the Board are confidential and not subject to public
disclosure. The fact that a complaint has been filed against any licensee is
not public information. The Board is required by law to keep confidential, to
the greatest extent possible, the identity of the complainant and the
respondent (licensee) involved. Every effort is made to abide by this
requirement, while at the same time conducting a fair and thorough
investigation.
Investigative Process
Complaints are assigned to an investigator and an initial summary of the
issues involved is reviewed by the Board at its next scheduled meeting. However, due to
the workload of the investigative staff and the complexity of many of the
complaints received, it is not always possible to begin the investigative
process immediately unless the issues involved constitute an immediate danger
to the public or to the respondent. Most case investigations are completed and
the Board makes a determination on the matter within approximately 10 months after the
initial complaint is received.
When a complaint is received, it is assigned a number and the person
submitting the complaint will receive a letter from the Board advising them of
the case number and that they will be contacted during the course of the active
investigation. A staff investigator sends a letter to the licensee (respondent)
who is the subject of the complaint requesting a copy of patient records where
appropriate and a response to the allegations in the complaint. Once the
information is received, the investigator reviews the records, interviews the
respondent, interviews the person filing the complaint, interviews any prior
and subsequent treating dentists, and interviews any other witnesses as may be
necessary to elicit sufficient information for a fair and accurate inquiry into
the issues raised. The Board also utilizes the services of expert consultants
in especially complex or specialized situations where independent evaluations
are necessary.
The investigative report describing the facts and findings of the
investigator is presented to the Board for consideration and action. ORS
676.165 and 676.175 specify that the information gathered during the
investigation and the investigative report are confidential and not subject to
public disclosure except that the Board may provide sufficient summary to the
complainant to explain the action the Board took in the matter.
Disposition of cases can result in finding of no violation, issuance of a
warning (Letter of Concern), or a determination that disciplinary action is
warranted. Approximately 18% of cases result in disciplinary action.
Notices of Proposed Disciplinary Action and final disciplinary actions
(Orders, Consent Orders, Stipulated Agreements, Emergency Suspensions) taken
against licensees are public record and available upon request.
Complaint Form
You may submit your complaint to the Board by printing the form and
providing the requested information. If this form does not print for you,
please call us at 971-673-3200 or e-mail to Information@obd.oregon.gov
Malpractice Report Form
ORS 742.400(2) within 30 days after receiving notice of a claim a reporter in ORS 742.400(1)(d)(a)(b)(c) and (D) shall report the disposition of the claim to the appropriate Board.