CHAPTER 35
IOWA PRACTITIONER REVIEW COMMITTEE
650—35.1(153,272C) Iowa practitioner review committee. Pursuant to the authority of Iowa Code section 272C.3(1)“k,” the board establishes the Iowa practitioner review committee.
	35.1(1) Definitions.
“Impairment” means an inability, or significant potential for inability, to practice dentistry, dental hygiene, or dental assisting with reasonable safety and skill as a result of alcohol or drug abuse, dependency, or addiction, or any mental or physical disorder or disability. For the purposes of this program, “impairment” does not include sexual dysfunction, sexual addiction, sexual compulsivity, paraphilia, or other sexual disorder.
“Initial agreement” means the written document establishing the initial terms for participation in the program.
“Iowa practitioner program contract” or “contract” means the written document executed by a practitioner and the IPRC that establishes the terms for participation in the program.
“IPP” or “program” means the Iowa practitioner program.
“IPRC” or “committee” means the Iowa practitioner review committee.
“Practitioner” means a licensed dentist or dental hygienist or a registered dental assistant or a person applying for a license or registration.
“Self-report” means the practitioner providing written or oral notification to the IPRC that the practitioner has been, is or may be diagnosed as having an impairment prior to the board’s receiving a complaint or report alleging an impairment prior to the date of self-report. Information related to an impairment or a potential impairment that is provided on a license or registration application or renewal form may be considered a self-report upon the request of the practitioner, authorization from the license committee, and agreement by the IPRC.
	35.1(2) Purpose. The IPRC evaluates, assists, and monitors the recovery, rehabilitation, or maintenance of dentists, hygienists, or assistants who self-report impairments. As necessary, the committee notifies the board in the event of noncompliance with contract provisions. The IPRC is both an advocate for the health of a practitioner and a means to protect the health and safety of the public. Reports on the activities of the IPRC shall be made to the board on a quarterly basis.
	35.1(3) Composition of the committee. The chairperson of the board shall appoint the members of the IPRC. Committee members, except the executive director, shall be appointed for three-year terms, for a maximum of three terms. The committee shall elect a chairperson and vice chairperson at the last meeting of each calendar year to begin serving a one-year term on January 1. The membership of the IPRC may include, but is not limited to:
	a. 	Executive director of the board or the director’s designee from the board’s staff;
	b. 	One practitioner who has remained free of addiction for a period of no less than two years following successful completion of a board-approved recovery program, a board-ordered probation for drug or alcohol dependency, addiction, or abuse, or an IPRC contract;
	c. 	One physician/counselor with expertise in substance abuse/addiction treatment programs;
	d. 	One psychiatrist or one psychologist; and
	e. 	One public member.
	35.1(4) Eligibility. To be eligible for participation in the IPP, a practitioner must self-report an impairment or suspected impairment directly to the office of the board. A practitioner is deemed ineligible to participate in the program if the license committee or IPRC finds sufficient evidence of any of the following:
	a. 	The practitioner is engaged in the unlawful diversion or distribution of controlled substances or illegal substances to a third person or for personal profit or gain;
	b. 	At the time of the self-report, the practitioner is already under board order for an impairment or any other violation of the laws and rules governing the practice of the profession;
	c. 	The practitioner has caused harm or injury to a patient;
	d. 	There is currently a board investigation of the practitioner that concerns serious matters related to the ability to practice with reasonable safety and skill or in accordance with the accepted standards of care;
	e. 	The practitioner has been subject to a civil administrative or criminal sanction, or ordered to make reparations or remuneration by a government or regulatory authority of the United States, this or any other state or territory or a foreign nation for actions that the committee determines to be serious infractions of the laws, administrative rules, or professional ethics related to the practice of dentistry, dental hygiene, or dental assisting;
	f. 	The practitioner provided inaccurate, misleading, or fraudulent information or failed to fully cooperate with the board or committee; or
	g. 	There is currently a complaint before the board related to an impairment.
	35.1(5) Type of program. The IPP is an individualized recovery, rehabilitation, or maintenance program designed to meet the specific needs of the impaired practitioner. The committee, in consultation with an IPRC-approved evaluator, shall determine the type of recovery, rehabilitation, or maintenance program required to treat the practitioner’s impairment. The committee shall prepare a contract, to be signed by the practitioner, that shall provide a detailed description of the goals of the program, the requirements for successful participation, and the practitioner’s obligations therein.
	35.1(6) Terms of participation. A practitioner shall agree to comply with the terms for participation in the IPP established in the initial agreement and contract. Terms of participation specified in the contract shall include, but are not limited to:
	a. 	Duration. The length of time a practitioner shall participate in the program shall be determined by the committee. Length of participation in the program will vary depending upon the recommendations provided by an approved evaluator and the determination of the IPRC following review of all relevant information.
	b. 	Noncompliance. A practitioner participating in the program is responsible for notifying the committee of any instance of noncompliance including, but not limited to, a relapse. Notification of noncompliance made to the IPRC by the practitioner, any person responsible for providing or monitoring treatment, or another party shall result in full review by the board for the filing of formal charges or other action the board deems appropriate.
	c. 	Practice restrictions. The IPRC may impose restrictions on the license to practice dentistry or dental hygiene or registration to practice dental assisting as a term of the initial agreement or contract until such time as it receives a report from an approved evaluator and the IPRC determines, based on all relevant information, that the practitioner is capable of practicing with reasonable safety and skill. As a condition of participating in the program, a practitioner is required to agree to restrict practice in accordance with the terms specified in the initial agreement or contract. In the event that the practitioner refuses to agree to or comply with the restrictions established in the initial agreement or contract, the committee shall refer the practitioner to the board for appropriate action.
	d. 	Monitoring costs. A provision for payment of the actual costs or a $100 quarterly fee to cover the board’s expenses associated with monitoring a practitioner’s compliance with the terms of the IPRC initial agreement or contract may be included in the initial agreement and contract. Actual costs include mileage, meals, travel expenses, hourly investigative time, and all incidental expenses associated with monitoring compliance. Monitoring costs shall be considered repayment receipts as defined in Iowa Code section 8.2.
	35.1(7) Limitations. The IPRC establishes the terms and monitors a participant’s compliance with the program specified in the initial agreement and contract. The IPRC is not responsible for participants who fail to comply with the terms of or successfully complete the IPP. Participation in the program under the auspices of the IPRC shall not relieve the board of any duties and shall not divest the board of any authority or jurisdiction otherwise provided. Any violation of the statutes or rules governing the practice of dentistry, dental hygiene, or dental assisting by a participant shall be referred to the board for appropriate action.
	35.1(8) Confidentiality. Information in the possession of the board or the committee shall be subject to the confidentiality requirements of Iowa Code section 272C.6. Accordingly, information in the possession of the board or the committee about practitioners in the program shall not be disclosed to the public. Participation in the IPP under the auspices of the IPRC is not a matter of public record. Information about participants may only be shared in the following circumstances:
	a. 	Upon authorization or prior to successful completion of a contract, the IPRC may communicate information about an IPP participant to dental regulatory authorities or the impaired practitioner program of any jurisdiction of the United States in which the participant is currently licensed to practice dentistry, dental hygiene, or dental assisting, or in which the practitioner is seeking licensure.
	b. 	The IPRC may communicate information about an IPP participant to any person assisting in the participant’s treatment, recovery, rehabilitation, monitoring, or maintenance.
	c. 	The IPRC may communicate information about an IPP participant to the board in the event that a participant does not comply with the terms of the initial agreement or contract. The IPRC may provide the board with a participant’s IPRC file in the event that the participant does not comply with the terms of the initial agreement or contract and the IPRC refers the case to the board for appropriate action.
	d. 	The IPRC shall report to the board any knowledge of violations of administrative rules or statutes unrelated to the impairment.
	e. 	If the board initiates disciplinary action against a practitioner for noncompliance with the terms of the contract, the board may include information about the practitioner’s participation in the IPP in the statement of charges, settlement agreement and final order, or order following hearing.
650—35.2(272C) Board referrals to the Iowa practitioner review committee.
	35.2(1) Eligibility for board referral to IPRC. The board may refer a practitioner who is the subject of a board order to the IPRC for monitoring in the following circumstances:
	a. 	The practitioner has an impairment as defined in rule 650—35.1(272C).
	b. 	The board determines that the practitioner is an appropriate candidate for participation in the IPRC.
	c. 	The IPRC determines that the practitioner is an appropriate candidate for participation in the IPRC.
	35.2(2) Referral process.
	a. 	Determination of whether a practitioner is appropriate for referral to the IPRC is in the sole discretion of the board. Upon the board’s approval, a referral shall be made to the IPRC and the committee shall be provided with relevant information about the practitioner.
	b. 	The IPRC shall make a determination whether the practitioner is an appropriate candidate for participation in the program. Upon this determination, the IPRC shall offer the referred practitioner a contract that specifies terms of participation in the program. See 650—35.1(272C).
	c. 	If the IPRC finds that the practitioner is not an appropriate candidate for participation in the IPP or if the practitioner fails to sign the contract in the time period specified by the IPRC, the IPRC shall notify the board promptly.
	d. 	When the practitioner signs the contract, the IPRC shall notify the board that the referral has been finalized. The practitioner’s failure to sign a contract within the time period specified by the IPRC may be grounds for disciplinary action.
	e. 	Referral of a practitioner by the board to the IPP shall not relieve the board of any duties of the board and shall not divest the board of any authority or jurisdiction otherwise provided. Upon referral, the practitioner shall be subject to the provisions of 650—Chapter 35. Specifically, the practitioner shall be subject to board review and potential formal disciplinary action for noncompliance with the provisions of the IPP contract.
These rules are intended to implement Iowa Code section 272C.3(1)“k.”
[Filed 1/18/02, Notice 11/14/01—published 2/6/02, effective 3/13/02]
[Filed 1/16/04, Notice 11/12/03—published 2/4/04, effective 3/10/04]
[Filed 8/31/04, Notice 7/21/04—published 9/29/04, effective 11/3/04]
[Filed 2/5/07, Notice 11/22/06—published 2/28/07, effective 4/4/07]
[Filed 8/7/08, Notice 5/21/08—published 8/27/08, effective 10/1/08]