Once licensed, each licensee is subject to review by the Board. The Board is charged with the responsibility of evaluating when a licensee's professional conduct or ability to practice may warrant discipline, modification, suspension, or revocation of license. The Board may receive reports from medical malpractice liability insurance companies and professional societies. The Board may also receive information from law enforcement agencies, licensing agencies of other states and Canadian provinces, and other agencies of the State of Maine.
Any patient, family member or other concerned citizen may inform the Board of his/her belief that a licensee may have violated the Dental Practice Act or a standard of professional conduct by writing a letter to the Board or by submitting a complaint form supplied by the Board. Complaint forms are available by calling the Board office at 207/287-3333, by writing to the Board at the address shown at the top of this site, or by clicking on the link at the bottom of this page.
Upon receipt of information that one of its licensees may have engaged in conduct which could be grounds for disciplinary action, the Board has the power to investigate, hold informal conferences and hearings, impose discipline, or seek a suspension or revocation of license.
Following is a list of possible grounds for discipline:
•The practice of fraud or deceit in obtaining a license or in connection with service rendered within the scope of the license issued;
•Habitual substance abuse that has resulted or is foreseeably likely to result in the licensee performing services in a manner that endangers the health or safety of patients;
•A professional diagnosis of a mental or physical condition that has resulted or may result in the licensee performing services in a manner that endangers the health or safety of patients;
•Aiding or abetting the practice of a dental profession by an individual who is not licensed under this chapter and who claims to be legally licensed;
•Incompetence in the practice for which the licensee is licensed. A licensee is considered incompetent in the practice if the licensee has:
•Engaged in conduct that evidences a lack of ability or fitness to perform the duties owed by the licensee to a client or patient or the general public; or
•Engaged in conduct that evidences a lack of knowledge or ability to apply principles or skills to carry out the practice for which the licensee is licensed;
•Unprofessional conduct. A licensee is considered to have engaged in unprofessional conduct if the licensee violates a standard of professional behavior that has been established in the practice for which the licensee is licensed;
•Subject to the limitations of Title 5, Chapter 341, conviction of a crime that involves dishonesty or false statement or that relates directly to the practice for which the licensee is licensed, or conviction of a crime for which incarceration for one year or more may be imposed;
•A violation of this chapter or a rule adopted by the Board; or
•Engaging in false, misleading or deceptive advertising.
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:
•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;
•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;
•If the Board concludes that modification or non-renewal 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 IV; or
•If the Board concludes that suspension or revocation of the license is in order, the Board shall file a complaint in the Administrative Court in accordance with Title 4, Chapter 25.
Complaint Form
