Oklahoma § 59-328.43

§ 59-328.43.

Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.

§59-328.43a. Complaints - Review and investigative panels - Panel

authority.

A. 1. Upon the receipt of a complaint to the Board of

Dentistry alleging a violation of the State Dental Act or other

state or federal law by a licensee, permit holder or other

individual under the authority of the Board, the Board president

shall assign up to three Board members as the review and

investigative panel. The remaining Board members shall constitute

the Board member jury panel. In the event the complaint is

anesthesia-related, the Board president or acting president may, at

his or her discretion, add one or more members of the anesthesia

committee to the review and investigative panel.

2. The review and investigative panel, in its discretion, may

notify the respondent of the complaint at any time prior to its

dismissal of the complaint or making a recommendation to the Board.

B. The review and investigative panel shall confer and shall

conduct or cause to be conducted any investigation of the

allegations in the complaint as it reasonably determines may be

needed to establish, based on the evidence available to the panel,

whether it is more likely than not that:

1. A violation of the provisions of the State Dental Act or the

rules of the Board has occurred; and

2. The person named in the complaint has committed the

violation.

C. 1. In conducting its investigation, a review and

investigative panel may seek evidence, take statements, take and

hear evidence, and administer oaths and affirmations and shall have

Oklahoma Statutes - Title 59. Professions and Occupations

any other powers as defined by the Administrative Procedures Act. A

review and investigative panel may also use Board attorneys and

investigators appointed by the Board to seek evidence.

2. The review and investigative panel shall not have contact or

discussions regarding the investigation with the other Board members

that shall be on the jury panel during the investigative phase.

3. No Board member that is a dentist living in the same

district as a dentist that is the subject of a complaint shall serve

on a review and investigative panel or on the Board member jury

panel.

4. All records, documents, and other materials during the

review and investigative panel portion shall be considered

investigative files and not be subject to the Oklahoma Open Records

Act.

D. The Board president or other member of the Board shall act

as the presiding administrative judge during any proceeding. The

presiding administrative judge shall be allowed to seek advice from

judicial counsel or other legal counsel appointed by the Board.

E. The review and investigative panel shall have the authority

to:

1. Dismiss the complaint as unfounded;

2. Refer the case to mediation pursuant to the Oklahoma Dental

Mediation Act. The mediation panel shall report to the review and

investigative panel that a mediation was successful or refer the

matter back to the review and investigative panel at which time they

will reassume jurisdiction or dismiss the complaint;

3. Issue a private reprimand, settlement agreement, or

remediation agreement that shall not include any restriction upon

the licensee’s or permit holder’s license or permit;

4. Assess an administrative fine not to exceed One Thousand

Five Hundred Dollars ($1,500.00) per violation pursuant to a private

settlement agreement; and

5. Issue a formal complaint for a hearing of the Board member

jury panel pursuant to Article II of the Administrative Procedures

Act against the licensee or permit holder.

The review and investigative panel and the Board president shall

have the authority to authorize the Executive Director or the

Board’s attorney to file an injunction in district court for illegal

activity pursuant to the State Dental Act when needed.

F. In the event of a majority of members of the Board being

recused from the Board member jury panel, the Board president or

presiding administrative judge shall appoint one or more previous

Board members with a current active license in good standing to

serve as a jury panel member.

G. Any action as set forth in paragraphs 1 through 3 of

subsection E of this section shall remain part of the investigation

file, and may be disclosed or used against the respondent only if

Oklahoma Statutes - Title 59. Professions and Occupations

the respondent violates the settlement agreement or if ordered by a

court of competent jurisdiction.

H. The Board of Dentistry, its employees, independent

contractors, appointed committee members and other agents shall keep

confidential all information obtained in the following

circumstances:

1. During an investigation into allegations of violations of

the State Dental Act, including but not limited to:

a.

any review or investigation made to determine whether

to allow an applicant to take an examination, or

b.

whether the Board shall grant a license, certificate,

or permit;

2. In the course of conducting an investigation;

3. Reviewing investigative reports provided to the Board by a

registrant; and

4. Receiving and reviewing examination and test scores.

I. The president of the Board or presiding administrative judge

shall approve any private settlement agreement.

J. The review and investigative panel may make a recommendation

for an agreed settlement order to be approved by the Board. The

agreed settlement order may include any recommendation agreed upon

between the license holder including, but not limited to, any

penalty available to the Board pursuant to Section 328.44a of this

title.

K. A formal complaint issued by the review and investigative

panel shall specify the basic factual allegations and the provisions

of the State Dental Act, state law or rules that the license or

permit holder is alleged to have violated. The formal notice of a

complaint shall be served to the license or permit holder either in

person, to his or her attorney, by agreement of the individual, by

an investigator of the Board or a formal process server pursuant to

Section 2004 of Title 12 of the Oklahoma Statutes.

L. Any information obtained and all contents of any

investigation file shall be exempt from the provisions of the

Oklahoma Open Records Act.

Added by Laws 1996, c. 2, § 15, eff. Nov. 1, 1996. Amended by Laws

1997, c. 108, § 6, eff. Nov. 1, 1997; Laws 2003, c. 172, § 7, emerg.

eff. May 5, 2003; Laws 2005, c. 377, § 5, eff. Nov. 1, 2005; Laws

2012, c. 270, § 10, eff. Nov. 1, 2012; Laws 2015, c. 229, § 23, eff.

July 1, 2015; Laws 2018, c. 151, § 12, eff. Nov. 1, 2018; Laws 2024,

c. 46, § 9, eff. Nov. 1, 2024.

§59-328.43b. Patient fatalities - Adverse Outcomes Review and

Investigation Panel.

A. In any matter involving a fatality or near fatality of a

dental patient within forty-eight (48) hours of receiving anesthesia

or that is required to be reported to the Board pursuant to Section

Oklahoma Statutes - Title 59. Professions and Occupations

328.55 of this title, such matter shall be investigated by the

Adverse Outcomes Review and Investigation Panel.

B. The Adverse Outcomes Review and Investigation Panel shall

stand in the place of the Board's Review and Investigation Panel

pursuant to Section 328.43a of this title during the complaint and

review process.

C. Upon notification of a fatality to the Board, the President

of the Board shall assign four members of the Anesthesia Committee

pursuant to Section 328.17 of this title to review and investigate

the matter.

D. Two of the members shall hold the same license type, whether

general or specialty, as the licensee that is the subject of the

complaint and two shall hold different types of licenses.

E. All other procedures as defined in Section 328.43a of this

title regarding complaint and Board procedures shall be followed.

F. The Board may promulgate rules to implement the provisions

of this section.

Added by Laws 2015, c. 229, § 24, eff. July 1, 2015. Amended by

Laws 2018, c. 151, § 13, eff. Nov. 1, 2018.