25.1178.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Vigesaa, B. Anderson, Beltz, Frelich, Hager
Senators Conley, Mathern, Walen
A BILL for an Act to amend and reenact section 43-28-18.2 of the North Dakota Century Code,
relating to an individual's ability to file a complaint.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 43-28-18.2 of the North Dakota Century Code is
amended and reenacted as follows:
43-28-18.2. Disciplinary procedure.
1.A person may file a written and signed complaint with the board alleging a dentist
engaged in conduct identified as grounds for disciplinary action under section
43-28-18. The board may also initiate a complaint and investigation on the board's
motion.
2.The board mayshall direct a complaint committee to investigate a complaint and
recommend whether the board should initiate a disciplinary action against the dentist.
3.The board or complaint committee shall notify the dentist of the complaint, and require
a written response from the dentist. If the complaint was initiated by an individual, that
individual must receive a copy of the dentist's response. The board or complaint
committee may examine and copy records, including patient records, examine
witnesses, obtain expert opinions, require the dentist to be physically or mentally
examined, or both, by qualified professionals selected by the board, and take any
other action necessary to investigate the complaint. A request by the board or
complaint committee is authorized to disclose patient information and records to the
board or complaint committee. Patient information and records disclosed to the board
or complaint committee are confidential. The dentist shall cooperate with the board or
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ENGROSSED HOUSE BILL NO. 1512
FIRST ENGROSSMENT
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22 Sixty-ninth
Legislative Assembly
the complaint committee in the investigation, including responding promptly and
completely to a request or requirement.
4.The complaint, response, and any record received by the board in investigating the
complaint are exempt records, as defined in section 44-04-17.1, until the board
determines to proceed with a disciplinary action.
5.The board shall determine if there is a reasonable basis to believe the dentist engaged
in conduct identified as grounds for disciplinary action under section 43-28-18. If the
board determines there is not a reasonable basis to believe, the board shall notify the
complainant and the dentist. If the board determines there is a reasonable basis to
believe, the board shall proceed with a disciplinary action in accordance with chapter
28-32.
6.The board, at any time, may offer or accept a proposal for informal resolution of the
complaint or disciplinary action.
7.The board may impose a fee on the dentist for all or part of the costs of an action
resulting in discipline, including administrative costs, investigation costs, attorney's
fees, witness fees, the cost of the office of administrative hearings' services, and court
costs.
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