Complaint Process
The Kansas Dental Board is comprised of 9 members appointed by the Governor. There are 6 dentists, 2 hygienists, and 1 public member on the Board. The Board licenses dentists and dental hygienists. The mission of the Board is to protect the public by requiring those professionals to meet and maintain certain qualifications and standards of conduct.
When the Board receives a written complaint, the Board's investigator and a member of the Board's Investigative Committee, both of whom are licensed Kansas dentists, review the complaint to determine if it pertains to the practice of dentistry or dental hygiene and alleges facts constituting a possible violation of the Kansas Dental Practices Act. Sometimes the complaint does not contain enough information and more information may be requested. If a complaint requires further review, a case is opened and a formal investigation begins.
Once a case is opened, the Board's investigator begins an investigation. The dentist or dental hygienist named in the complaint is also notified of the complaint and may be asked to provide complete copies of dental records and a written response to the complaint. An investigation may also require an on-site inspection of a dental office, witness interviews, a review of dental records, or consultation with law enforcement. The investigative process can be time consuming and take several months to resolve depending on the nature and complexity of the allegations. Board investigations are required by law to be confidential under K.S.A. 65-1467. Nonetheless, the Board has broad authority to obtain information, even if it is usually considered confidential.
After the case is investigated, the Board's Investigative Committee reviews it with an attorney to determine whether there might be evidence to establish a potential violation of the Kansas Dental Practices Act. The Board's Investigative Committee then determines what action, if any, to take against the person named in the complaint. At that time, a disciplinary petition may be filed. The purpose of the petition is to seek public disciplinary action against the dentist or dental hygienist. The Board cannot assist with monetary disputes.
The disciplinary petition may be heard by a Hearing Officer, who will provide an initial determination to the Board about the case. The licensee or the Board's attorney may then ask the Board to review the case. Either before or after the hearing, the attorneys representing the Board and the licensee may negotiate an agreement to resolve the case, which is submitted to the Board for approval. The Board has legal authority to revoke, suspend, or limit licenses, impose fines, reprimand, require monitoring or additional education, or impose other remedial measures.
The Board does not represent individuals and it cannot obtain compensation on behalf of individuals. Each person is encouraged to seek legal representation if they choose to do so. Likewise, this summary is not intended to detail all of the rights for the Board or any licensee in an administrative proceeding. If you have questions regarding the functions of the Board, please call (785) 296-6400.