(1) (a) Any person may submit a complaint relating to the conduct of a dentist, dental therapist, or dental hygienist, which complaint must be in writing and signed by the person. The board, on its own motion, may initiate a complaint. The board shall notify the dentist, dental therapist, or dental hygienist of the complaint against the dentist, dental therapist, or dental hygienist. (b) (I) For complaints related to the standard of care delivered to a patient that are submitted by a person other than the patient, the person submitting the complaint shall notify the patient of the complaint before filing the complaint with the board. (II) The requirements of this subsection (1)(b) do not apply when a complaint is submitted to the board by a state department or agency. (2) (a) Except as provided in subsection (2)(b) of this section, investigations, examinations, hearings, meetings, and other proceedings of the board conducted pursuant to this section or section 12-220-202, 12-220-204, 12-220-205, or 12-220-206 are exempt from the provisions of any law requiring that proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to this section or those sections are open to public inspection. (b) The final action of the board taken pursuant to this section is open to the public. (3) The discipline of a licensee by another state, territory, or country is deemed the equivalent of unprofessional conduct under this article 220; except that this subsection (3) applies only to discipline that is based upon an act or omission in the other state, territory, or country that is defined substantially the same as unprofessional conduct pursuant to this article 220. (4) (a) Nothing in this section: (I) Deprives a dental patient of the right to choose or replace any professionally recognized restorative material; or (II) Permits disciplinary action against a dentist solely for removing or placing any professionally recognized restorative material. (b) Nothing in subsection (4)(a) of this section prevents disciplinary action against a dentist for practicing dentistry in violation of this article 220.
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