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Administrative Complaints and Investigations by the State of Michigan Board of Dentistry
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Administrative Complaints and Investigations by the State of Michigan Board of Dentistry
Administrative complaints filed by the state of Michigan and investigations initiated by the Board of Dentistry differ significantly from the Michigan Dental Association's peer review process. The peer review process is a non-legal proceeding governed by dentists. Administrative complaints and investigations initiated by the Michigan Board of Dentistry have legal ramifications, including loss of licensure.
Although not required, a dentist facing an administration complaint or a regulatory investigation should be represented by an attorney. The potential consequences of an administrative complaint or regulatory action include licensure action, fines, community service, licensure restrictions, probation or even the loss of a license.
If you are the subject of an administrative complaint or an investigation initiated by the state of Michigan, you may be entitled to a legal defense through your professional liability insurance policy. Please consult with your insurance agent to see if coverage is available. Many policies include Department of Professional Regulation (DPR) supplemental payments coverage. See if your insurance policy contains language similar to the following:
We will pay the fees, costs and expenses to defend any insured who becomes the subject of a Department of Professional Regulation (DPR) or a similar state regulatory board, investigation resulting from a "dental incident" covered under this policy. The most we will pay for each investigation, including any appeal, of an insured is $25,000, subject to an annual aggregate limit of $75,000 for all investigations to which this insurance applies.
We will not pay any fines or penalties resulting from a DPR investigation.
You must see to it that we receive written notice of any DPR investigation within 30 days after you have received notice of a DPR investigation.
All other terms and conditions of this policy remain unchanged.
Dentists facing state investigations or administrative complaints should also be mindful that any disciplinary action ultimately taken becomes public record and is available through the state's website.
For quality legal representation in administrative complaints or investigations by the state of Michigan, please call Andrew J. Paluda at Paluda PC to set up a consultation.
