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HB 1512

A BILL for an Act to amend and reenact section 43-28-18.2 of the North Dakota Century Code, relating to an individual's ability to file a complaint.

69th Legislative Assembly (2025-26) Introduced by Bert Anderson and 7 co-sponsors

Clarifies who may file dentist complaints and how investigations proceed, with notice, confidentiality, remedies, and cost recovery for disciplined dentists and complainants.

Second reading, failed to pass, yeas 0 nays 45
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Bill Summary · HB 1512

Summary — HB 1512 (North Dakota)

Bill title: An Act to amend and reenact section 43‑28‑18.2 of the North Dakota Century Code, relating to an individual's ability to file a complaint

Purpose and intent

HB 1512 clarifies and updates the dental disciplinary procedure statute (NDCC § 43‑28‑18.2). The bill makes explicit who may file complaints against licensed dentists, sets investigation and notice requirements, protects certain records as confidential during investigation, and clarifies the board’s authority to recover costs. A related amendment in committee proposed changing the composition of the State Board of Dental Examiners (NDCC § 43‑28‑03) by increasing membership and specifying member types.

Key provisions

  • Complaint filing

    • Explicitly states that a person/individual may file a written, signed complaint with the State Board of Dental Examiners alleging conduct that could warrant discipline under NDCC § 43‑28‑18.
    • The board may also initiate complaints on its own motion.

  • Investigation and complaint committee

    • The bill directs the board to (or authorizes the board to) refer complaints to a complaint committee to investigate and recommend whether disciplinary action should be initiated.

  • Notice and response

    • The dentist must be notified of the complaint and required to provide a written response.
    • If an individual initiated the complaint, that complainant must receive a copy of the dentist’s written response.

  • Investigatory powers and confidentiality

    • The board/committee may examine and copy records (including patient records), interview witnesses, obtain expert opinions, and require physical or mental examinations of the dentist as necessary.
    • Patient information and records disclosed to the board/committee are treated as confidential.
    • The complaint, the dentist’s response, and records gathered during investigation are designated as exempt records under NDCC § 44‑04‑17.1 until the board decides to proceed with formal disciplinary action.

  • Determination and resolution

    • The board must determine whether there is a reasonable basis to believe misconduct occurred; if so, it proceeds under administrative procedures (chapter 28‑32). If not, the board notifies the complainant and dentist.
    • The board may offer or accept informal resolution at any time.

  • Fees and cost recovery

    • If disciplinary action results in discipline, the board may impose a fee on the disciplined dentist to cover all or part of the action’s costs (administration, investigation, attorney/witness fees, OAH costs, court costs).
    • An individual whose complaint results in disciplinary action or a finding of misconduct is entitled to recover costs they incurred.

  • Proposed board composition change (committee version)

    • The committee-recommended language would increase the State Board of Dental Examiners from nine to eleven members and define member categories (dentists — at least one oral/maxillofacial surgeon, a dental hygienist, a dental assistant, and independent consumer members).

Who is affected

  • Dentists licensed in North Dakota (subject to investigation, potential fees, and discipline).
  • Individuals (patients or others) who wish to file complaints — better-defined procedural rights (e.g., copy of dentist response, ability to recover costs).
  • The State Board of Dental Examiners and its complaint committee — clearer duties, investigatory authority, and record-handling rules.
  • Patients whose records may be disclosed to the board/committee in the course of an investigation (records treated as confidential during the investigatory phase).

Procedural/status notes

  • Introduced in the Sixty‑ninth Legislative Assembly; sponsored by Representatives Vigesaa, B. Anderson, Beltz, Frelich, Hager and Senators Conley, Mathern, Walen (ND).
  • Bill text passed through committee with proposed amendments that also addressed board membership (NDCC § 43‑28‑03).
  • Legislative actions show the bill was read and engrossed; however, recorded chamber action includes a second reading failure (reported as “Second reading, failed to pass, yeas 0 nays 45” on 2025‑03‑31). (Multiple documents in the file reference other states’ HB1512 bills — this summary pertains only to the North Dakota version amending NDCC § 43‑28‑18.2.)

Potential impact

  • Clarifies complainant and board procedures, potentially increasing transparency and predictability of disciplinary investigations.
  • May increase administrative workload for the board and complaint committee (more formalized notice/response and record-handling requirements).
  • Enables cost-shifting to disciplined dentists and cost recovery for successful complainants, which could influence filing behaviors and settlements.
  • Proposed expansion of board membership would alter governance and stakeholder representation if adopted.

Compiled from official sources — confirm details with the bill’s official record.

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