Rule 30-2302-1.3 - INVESTIGATION/COMPLAINT1. A complaint, as defined herein, may be filed with the Secretary of the Board (through the Board's Executive Director) by any one or more of the following individuals: A. Any person or patient charging a licensed dentist or dental hygienist with the commission of any of the offenses enumerated in the Mississippi Dental Practice Act,B. Any member of the Board, orC. An Investigator of the Board. Upon receipt of a complaint indicating a possible violation of the Mississippi Dental Practice Act, the Board or designated member of the Board, shall review the complaint and determine if there is substantial justification to conduct an investigation. An investigation may be conducted by any member of the Board, its staff or designated representative/agent (hereinafter "Investigative Staff"). An investigation may be conducted although a formal written complaint has not been received, if the Board has received information indicating non-compliance with, or violation of the provisions of the Mississippi Dental Practice Act.
2. If, as a result of the aforementioned investigation, substantial justification exists to believe that the accused dentist or dental hygienist has committed any of the offenses enumerated in the Mississippi Dental Practice Act, the Board may either: A. Initiate formal disciplinary proceedings as provided in Rule 1.4. below.B. Resolve the matter through negotiation and execution of a consent order as provided in Rule 1.10.6. below. If, as a result of the investigation, it is determined that insufficient cause exists to initiate disciplinary proceedings, the complaint shall be dismissed or remanded to file.
3. During an investigation, the Investigative Staff may interview and take the statements of witnesses and licensees. Further, the Investigative Staff may inspect, copy and/or seize records, documents and other matters as authorized by Board regulation or state and federal law. During an interview of a licensee, the Investigative Staff shall inform the licensee of the nature and purpose for the investigation and, if requested, provide licensee with a copy of any written complaint which may have prompted the investigation, provided, that if a complainant has requested anonymity, all identifying data of the complainant shall be removed therefrom.30 Miss. Code. R. 2302-1.3
Miss. Code Ann. § 73-9-19.