House File 541 - Introduced HOUSE FILE 541 BY ISENHART A BILL FOR An Act relating to investigations of licensing boards. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2222HH (5) 88 ss/rn

H.F. 541 Section 1. Section 2C.9, subsection 4, Code 2019, is amended 1 to read as follows: 2 4. Request and receive from each agency assistance and 3 information as necessary in the performance of the duties of 4 the office. Notwithstanding section 22.7 or section 622.10 , 5 pursuant to an investigation the ombudsman may examine any and 6 all records and documents of any agency unless its custodian 7 demonstrates that the examination would violate federal 8 law or result in the denial of federal funds to the agency. 9 Confidential documents provided to the ombudsman by other 10 agencies shall continue to maintain their confidential status. 11 The ombudsman is subject to the same policies and penalties 12 regarding the confidentiality of the document as an employee 13 of the agency. The ombudsman may enter and inspect premises 14 within any agency’s control and may observe proceedings and 15 attend hearings, with the consent of the interested party, 16 including those held under a provision of confidentiality, 17 conducted by any agency unless the agency demonstrates that 18 the attendance or observation would violate federal law or 19 result in the denial of federal funds to that agency. This 20 subsection does not permit the examination of records or access 21 to hearings and proceedings which are the work product of 22 an attorney under section 22.7, subsection 4 , or which are 23 privileged communications under section 622.10 . 24 Sec. 2. Section 2C.21, Code 2019, is amended to read as 25 follows: 26 2C.21 Witnesses. 27 A person required by the ombudsman to provide information 28 shall be paid the same fees and travel allowances as are 29 extended to witnesses whose attendance has been required in 30 the district courts of this state. Officers and employees of 31 an agency shall not be entitled to such fees and allowances. 32 A person who, with or without service of compulsory process, 33 provides oral or documentary information requested by the 34 ombudsman shall be accorded the same privileges and immunities 35 -1- LSB 2222HH (5) 88 ss/rn 1/ 4

H.F. 541 as are extended to witnesses in the courts of this state, and 1 shall also be entitled to be accompanied and advised by counsel 2 while being questioned. 3 Sec. 3. Section 272C.3, subsection 1, paragraph d, Code 4 2019, is amended to read as follows: 5 d. Determine in any case whether an investigation, or 6 further investigation, or a disciplinary proceeding is 7 warranted. Notwithstanding the provisions of chapter 17A , 8 a determination by a licensing board that an investigation 9 is not warranted or that an investigation should be closed 10 without initiating a disciplinary proceeding is not subject to 11 judicial review pursuant to section 17A.19 . Notwithstanding 12 any other provision of law, if a board determines that there 13 is no probable cause to believe that an asserted violation has 14 occurred, the complaint shall be returned to the complainant 15 with a statement specifying the reasons for rejection 16 sufficient to enable the complainant to review the agency’s 17 determination. 18 Sec. 4. PROFESSIONAL LICENSING BOARD INVESTIGATION. 19 1. The ombudsman shall conduct a three-year investigation 20 of the complaint handling procedures of professional licensing 21 boards regulated under chapters 272 and 272C. 22 2. The ombudsman shall investigate and assess the 23 sufficiency of each professional licensing board’s internal 24 processes for investigating, responding to, and ruling 25 on complaints filed against persons licensed, registered, 26 or certified by the board. Notwithstanding section 21.5, 27 subsection 5, paragraph “b”, subparagraph (2), as part of 28 the investigation authorized pursuant to this section, the 29 ombudsman may review investigative files and closed session 30 records. 31 3. The ombudsman shall be reimbursed by each licensing 32 board, or by the department or agency that provides 33 administrative support to the licensing board, for the cost 34 of the investigation. The ombudsman shall submit quarterly 35 -2- LSB 2222HH (5) 88 ss/rn 2/ 4

H.F. 541 statements of costs for purposes of reimbursement. 1 4. The legislative council is requested to authorize the 2 ombudsman to hire one additional staff person for purposes of 3 the investigation. 4 5. By October 1, 2021, the ombudsman shall submit a report 5 to the general assembly documenting the findings of the study 6 and any related recommendations. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to investigations by professional 11 licensing boards. The bill grants the ombudsman access to 12 agency records, hearings, and proceedings that are the work 13 product of an attorney or are privileged communications. The 14 bill also strikes a provision granting witnesses providing 15 testimony to the ombudsman the same privileges and immunities 16 granted to witnesses in court. 17 The bill allows a board’s determination that an 18 investigation of a complaint is not warranted or that an 19 investigation should be closed without disciplinary proceedings 20 to be subject to judicial review. The bill also requires a 21 board that determines that no probable cause exists for a 22 complaint to return the complaint to the complainant with a 23 statement specifying the reasons for rejection. 24 The bill also instructs the ombudsman to conduct a 25 three-year investigation of the complaint-handling procedures 26 of professional licensing boards regulated under Code chapters 27 272 and 272C. The review shall include an assessment of 28 the processes of investigating, responding to, and ruling 29 on complaints against regulated persons. The bill grants 30 access to investigative files and closed session records to 31 the ombudsman. The bill requires each licensing board or 32 department or agency staffing the board to reimburse the 33 ombudsman for the cost of the investigation. The bill requests 34 the legislative council to authorize the ombudsman to hire an 35 -3- LSB 2222HH (5) 88 ss/rn 3/ 4

H.F. 541 additional person to execute the investigations. The bill 1 requires the ombudsman to submit a report to the general 2 assembly by October 1, 2021. 3 -4- LSB 2222HH (5) 88 ss/rn 4/ 4