Board of Dentistry authority, complaint process, and disciplinary actions
What this domain tests
This domain tests the Board’s authority and the path from complaint to discipline. The key is distinguishing investigation, contested-case hearing, and appeal, and knowing the sanctions the Board may impose.
Core rules
- The Board of Dentistry regulates licensees, adopts rules, investigates complaints, subpoenas records and witnesses, and holds contested-case hearings under the Montana Administrative Procedure Act. It may issue emergency suspension when public safety requires it.
- A complaint should be written, specific, and sent to the Board; the Board screens it, may investigate, and may dismiss or pursue discipline. Investigations are not a court trial, but licensees have due-process rights: notice, an opportunity to respond, counsel, and a hearing.
- Sanctions include reprimand, probation with conditions, limitation or suspension of license, revocation, civil fines, CE, cost recovery, and practice monitoring. The Board may also resolve cases by settlement agreement.
- Final orders are subject to judicial review. The Board does not award damages for malpractice; that is a civil court remedy.
Worked example
A patient complains that a hygienist disclosed HIV status in the waiting room. The Board may investigate confidentiality and unprofessional conduct. If the facts are disputed, the matter can proceed to a contested-case hearing. The patient may separately sue for damages, but the Board’s focus is licensure and public protection.
Traps
Do not ignore a Board letter; failure to cooperate can itself be a violation. Do not assume a dismissed criminal case ends Board review-the standards differ. Do not confuse the Board’s public-protection role with patient compensation.