Board of Dentistry authority, complaint process, and administrative hearings
This domain tests how the Kentucky Board of Dentistry exercises authority: its composition, investigation, hearing, and appeal framework.
Board authority
The Board consists of nine members appointed by the Governor: six dentists, one dental hygienist, one dental assistant, and one consumer member. It licenses, renews, sets CE requirements, inspects or investigates as authorized, and disciplines licensees. It may issue regulations under KRS Chapter 313 and the administrative procedure statutes.
Complaint process
A complaint may come from a patient, another licensee, an agency, or the Board itself. Board staff screen and investigate; the licensee must cooperate. If probable cause exists, the Board issues an administrative complaint. The Board may offer a agreed order or consent decree. If immediate danger to the public exists, the Board may seek an emergency suspension.
Hearings and appeals
Contested cases proceed under KRS Chapter 13B before the Board or a hearing officer. The licensee receives notice, an opportunity to present evidence and cross-examine, and a written decision. The Board may impose reprimand, probation, suspension, revocation, restrictions, civil penalties, or CE conditions. Judicial review generally goes to circuit court and then the appellate courts.
Worked example
A complaint alleges poor sterilization. Reasoning: the Board investigates and may inspect records. If patients are at immediate risk, it can move for emergency action; otherwise it must give notice and a hearing. The Board decides licensure consequences, not malpractice damages; the patient’s civil suit is separate.
Traps that cost marks
- Treating a Board complaint as a malpractice lawsuit.
- Assuming the Board must wait for a criminal conviction.
- Forgetting the duty to cooperate; silence can itself be a violation.
- Missing appeal deadlines or the limited scope of judicial review.