There are instances under Virginia law and regulation that require a dentist to report another dentist to the Board.  For example, Virginia Code § 54.1-2709.4 requires a dentist to report to the Board any evidence that another dentist is or may be professionally incompetent, guilty of unprofessional conduct, or unable to engage safely in the practice of dentistry.

The American Dental Association’s Principles of Ethics and Code of Professional Conduct Section 4.C states that dentists shall report “gross or continual faulty treatment” by other dentists.  Ultimately, it is in the dentist’s professional discretion of whether a case warrants a report to the Board in instances where it is not otherwise required.

Any person with knowledge of the care or circumstances of the care provided may file a complaint with the Board, including other licensees, patients, and family members of patients.  The complaint may be submitted anonymously.  All that is required to file a complaint is the name of the practitioner being complained of and details of the complaint itself.  All complaints are reviewed by the Board.

While a person may submit a complaint, oftentimes the investigator reviewing the complaint will want to obtain the patient’s records to generate a complete report for the Board.  Even if an orthodontist files the complaint against a dentist, the investigator will likely seek the patient’s complete records from both the orthodontist and the dentist and may speak with the patient.  There can be situations where the orthodontist does not feel he or she has a legal or ethical duty to file a complaint, but the patient wants to file a complaint.  Accordingly, it depends on the specific circumstances whether it is more effective for the practitioner or patient or both to submit the complaint.

The complaint does not have to include the patient’s information; however, patient records that may or may not corroborate allegations in the complaint are usually sought during the investigation so the investigator can generate a complete report for the Board to make a disciplinary determination.

There is no requirement that a practitioner filing a complaint on behalf of a patient obtain permission of the patient in advance.

Unless the complaint is submitted anonymously, the name of the complaining person will be available to the dentist who is the subject of the complaint.  However, absent bad faith or malicious intent, Virginia Code § 54.1-2400.8 states that any person who files a complaint with the Department of Health Professions (Board) shall be immune from civil liability resulting from the filing of the complaint.

No, the scope of a complaint does not limit the scope of an investigation. Once the Board is investigating, additional issues can and do come to light which can be investigated and end up as the subject of discipline.

Yes, please let the VDA know so we can monitor and track the information.  This will also allow the VDA to know if a reported complaint becomes an active investigation.