| (a) Reviewers for a particular complaint shall be assigned
from among those Dental Review Panel members who practice in the same
or similar specialty as the Respondent identified in the filed complaint.
(b) If an assigned reviewer has a potential or apparent
conflict of interest that would prevent the reviewer from providing
a fair and unbiased opinion, that reviewer shall not review the case
and another reviewer shall be assigned from among those Dental Review
Panel members who practice in the same or similar specialty as the
Respondent identified in the filed complaint.
(1) A potential conflict of interest exists if the
selected reviewer lives or practices dentistry or dental hygiene in
the same geographical market as the Respondent identified in the filed
complaint and:
(A) is in direct competition with the licensee/registrant;
or
(B) knows the licensee/registrant.
(2) An apparent conflict of interest exists if the
reviewer:
(A) has a direct financial interest or relationship
with any matter, party, or witness that would give the appearance
of a conflict of interest;
(B) has a familial relationship within the third degree
of affinity with any party or witness; or
(C) determines that the reviewer has knowledge of information
that has not been provided by board staff and that the reviewer cannot
set aside that knowledge and fairly and impartially consider the matter
based solely on the information provided by board staff.
(c) If no reviewer agrees to review the case who can
qualify under the requirements of subsections (a) and (b) of this
section, a reviewer who has a potential conflict may review the case,
provided the expert reviewer's report discloses the nature of the
potential conflict.
(d) If any assigned reviewer has a potential or apparent
conflict of interest, the reviewer shall notify board staff in the
Dental Practice Division of the potential or apparent conflict.
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