Overview

The Arizona state board of dental examiners (“Arizona Dental Board”) is an Arizona administrative entity overseeing the licenses of practicing Arizona dentists and entities (dentists include, cosmetic dentists, implant specialists, pediatric dentists, orthodontists, oral surgeons, endodontists, periodontists, prosthodontists as well as non-dentists personnel including dental assistants, dental hygienists, dental technicians, and dental therapists).

The Arizona Dental Board has the statutory authority to review and hear administrative complaints made by claimants against dentists, dental related positions and dental offices authorized to practice dentistry in Arizona.  It is important to understand that the Arizona Dental Board is not a court of law but rather is a state administrative entity.  For example, the Arizona Dental Board, assuming there are grounds for discipline against a dentist, does not have the authority to award pain and suffering, lost wages, punitive or other damages against a dentist.  Rather, the statutory remedies available to the Arizona Dental Board, assuming there are grounds for discipline, include an award directing restitution of the money the claimant paid to the subject dentist, censure, suspension and/or revocation of the subject dentist’s license. 

In addition, it is important to note that the findings of the Arizona Dental Board are not binding upon any legal action in a court of law.  In other words, if the Arizona Dental Board makes finding that the subject dentist or entity did not fall below the applicable standard of care or engage in unprofessional conduct, that finding does not somehow preclude the claimant from asserting a claim based upon the same facts in a civil action in an Arizona court of law. 

The Arizona Dental Board’s website also provides detailed information regarding its authority and responsibilities: www.azdentalboard.org

Dental Complaint Process

A patient intending to asset a claim against a dentist or dental entity based upon treatment the claimant has received from the Arizona dentist can initiate the process with the Arizona Dental Board by filing a claim.  The claim form can be found on the Arizona Dental Board website.  If the patient/claimant intends to assert a claim against more than one Arizona dentist, he or she may need to complete and file separate complaints against the subject Arizona dentists as the Arizona Dental Board commonly only reviews one complaint against one dentist or entity.  Once the Arizona Dental Board receives the complaint, it will assign a case number to the case and subpoena the applicable records from the subject dentist or entity identified in the complaint.  Upon receipt of the records, the Arizona Dental Board will then provide a copy of the complaint to the responding dentist. 

Upon receipt of the records, the Arizona Dental Board will assign the matter to a two-member panel, consisting of two independent Arizona Dental Board approved dentists.  The panel will review the records and any response from the subject dentist and make a determination as to proceed.  Based upon the panel’s review, the panel may: (1) make a formal recommendation to the entire Arizona Dental Board to dismiss the complaint based upon insufficient evidence; (2) recommend to the Arizona Dental Board that a letter of concern be issued with a specific finding that there has not been any violation of law; (3) set the matter for a clinical evaluation of the claimant’s current dental condition by an independent third-party dentist for report to the panel to be discussed at the panel’s investigative interview; and/or (4) investigative interview.   An investigative interview is a hearing held by the panel where sworn testimony can be given by the claimant and the responding Arizona dentist. The investigative interview is conducted by the panel consisting of the two independent Arizona dentists and a non-dentist.   The investigative interview is tape-recorded and at the conclusion of the hearing or shortly thereafter, the panel will make a formal recommendation to the Arizona Dental  Board as to how to handle the complaint. 

At the conclusion of the panel review, and upon receipt of the panel’s recommendation to the Arizona Dental Board, the matter will be set for a formal hearing before the entire Arizona Board of Dental Examiners.  At the formal Board hearing, the Arizona Dental Board will decide whether to adopt, modify or make its own findings based upon the panel’s recommendation.  Each party will be given a brief opportunity to address the Arizona Dental Board at the formal hearing.  All proceedings before the Arizona Dental Board are tape-recorded and the claimant will receive a notice in the mail of the Board’s meeting as well as a notice in the mail of the Board’s findings upon conclusion of the proceedings.

Attorney Representation at Arizona Dental Board Hearings

Claimants before the Arizona Dental Board are permitted to have legal representation at Arizona Dental Board Hearings.  Attorney representation is not required, but in most cases the dental provider that is the subject of the complaint will have an attorney present to argue on his or her behalf.  For a variety of reasons, it is always advisable and beneficial for the patient/claimant to have his or her own experienced attorney present at the hearings.  If you would like an attorney who is knowledgeable about the Arizona Dental Board complaint process and hearings to represent your interests at an Arizona Dental Board hearing, please call The Voightmann Law Firm today.

Summary

The Arizona Dental Board is an administrative entity with the authority to review complaints against licensed Arizona dentists and entities and make findings against the applicable Arizona dental licenses.  Again, the Arizona Dental Board should not be confused with a court of law nor are the Arizona Dental Board’s findings binding in any subsequent civil legal proceedings.  The Arizona Dental Board can be reached by calling (602) 242-1492 and can provide general public information about licensed Arizona dentists including, the Arizona Dentist’s education, specialties, how long she or he has been licensed and any disciplinary action or history a particular Arizona dentist may have while licensed in Arizona.

Disclaimer:    The information provided above regarding the Arizona Dental Board is not meant to constitute specific legal advice as to any particular situation and should not be relied upon as such.  The reader should perform his or her own independent review and/or consult with an attorney regarding matters related to the Arizona Dental Board.  In addition, the reader can contact the Arizona Dental Board for any further questions.