An Act To Utilize a Dental Complaint Review Panel
Maine Legislature, Session 125, LD 0555
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PRESCOTT, MARTIN, DOW, HAMPER, HUNT, NEWENDYKE, TUTTLE, WINTLE, RECTOR, SNOWE-MELLO
Amends: 32 MRSA §1077

Legislative Document 
No. 555 
H.P. 438 
House of Representatives, February 15, 2011 
An Act To Utilize a Dental Complaint Review Panel 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PRESCOTT of Topsham. 
Cosponsored by Senator MARTIN of Kennebec and 
Representatives: DOW of Waldoboro, HAMPER of Oxford, HUNT of Buxton, 
NEWENDYKE of Litchfield, TUTTLE of Sanford, WINTLE of Garland, Senators: RECTOR 
of Knox, SNOWE-MELLO of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1077, sub-§1, as corrected by RR 2009, c. 2, §87, is amended 
to read: 
1.  Disciplinary proceedings and sanctions.  Regarding noncompliance with or 
violation of this chapter or of rules adopted by the board, the board shall investigate a 
complaint on its own motion or upon receipt of a written complaint filed with the board. 
As the first step in investigating a complaint, the chair of the board shall assign the 
complaint to a review panel consisting of the following 3 members of the board: a dentist, 
a member who holds a license in the same category as the license of the person who is the 
subject of the complaint and the public member of the board. 
The review panel shall conduct an informal preliminary investigation of the complaint 
prior to notification of the licensee of the complaint.  If all members of the review panel 
find that the complaint is without merit or does not state a complaint within the 
jurisdiction of the board, the review panel shall dismiss the complaint without further 
action.  If one or more members of the review panel find that the complaint has sufficient 
merit to warrant further action, the review panel shall refer the complaint to the full 
board. 
The Upon referral of a complaint from the review panel, the board shall notify the 
licensee of the content of a the complaint filed against the licensee as soon as possible, 
but no later than 60 days from receipt of this information. The licensee shall respond 
within 30 days.  If the licensee's response to the complaint satisfies the board that the 
complaint does not merit further investigation or action, the matter may be dismissed, 
with notice of the dismissal to the complainant, if any. 
If, in the opinion of the board, the factual basis of the complaint is or may be true, and the 
complaint is of sufficient gravity to warrant further action, the board may request an 
informal conference with the licensee. The board shall provide the licensee with adequate 
notice of the conference and of the issues to be discussed. The conference must be 
conducted in executive session of the board, pursuant to Title 1, section 405, unless 
otherwise requested by the licensee. Statements made at the conference may not be 
introduced at a subsequent formal hearing unless all parties consent. 
If the board finds that the factual basis of the complaint is true and is of sufficient gravity 
to warrant further action, it may take any of the following actions it considers 
appropriate: 
A.    With the consent of the licensee, enter into a consent agreement that fixes the 
period and terms of probation best adapted to protect the public health and safety and 
to rehabilitate or educate the licensee. A consent agreement may be used to terminate 
a complaint investigation, if entered into by the board, the licensee and the Attorney 
General's office; 
B.    In consideration for acceptance of a voluntary surrender of the license, if a 
consent agreement is signed by the board, the licensee and the Attorney General's 
office, negotiate stipulations, including terms and conditions for reinstatement, that 
ensure protection of the public health and safety and that serve to rehabilitate or 
educate the licensee; 
C.    If the board concludes that modification or nonrenewal of the license is in order, 
the board shall hold an adjudicatory hearing in accordance with the provisions of the 
Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 4; or 
D.    If the board concludes that suspension or revocation of the license is in order, 
the board shall file a complaint in the District Court in accordance with Title 4, 
chapter 5. 
SUMMARY 
This bill provides for a preliminary review of all complaints filed with the Board of 
Dental Examiners by a review panel of 3 members of the board.  The review panel has 
the power, by a unanimous vote, to dismiss complaints it believes are without merit or do 
not state complaints within the jurisdiction of the board.  All other complaints must be 
forwarded to the full board for further action.