H.F. 764 Section 1. Section 272C.6, subsections 1, 3, 4, and 6, Code 1 2021, are amended to read as follows: 2 1. Disciplinary hearings held pursuant to this chapter 3 shall be heard by the board sitting as the hearing panel, or by 4 a panel of not less than three board members who are licensed 5 in the profession, or by a panel of not less than three members 6 appointed pursuant to subsection 2 , or by an administrative law 7 judge . Notwithstanding chapters 17A and 21 , a disciplinary 8 hearing shall be open or closed to the public at the discretion 9 of the licensee. If the licensee does not make an election, 10 the hearing shall be open to the public. 11 3. a. The presiding officer of a hearing panel may issue 12 subpoenas pursuant to rules of the board on behalf of the board 13 or on behalf of , the state, or the licensee. A licensee may 14 have subpoenas issued on the licensee’s behalf. 15 (1) A subpoena issued under the authority of a licensing 16 board may compel the attendance of witnesses and the production 17 of professional records, books, papers, correspondence and 18 other records, whether or not privileged or confidential under 19 law, which are deemed necessary as evidence in connection with 20 a disciplinary proceeding. 21 (2) Nothing in this subsection shall be deemed to enable 22 a licensing board to compel an attorney of the licensee , or 23 stenographer or confidential clerk of the attorney, to disclose 24 any information when privileged against disclosure by section 25 622.10 . 26 (3) In the event of a refusal to obey a subpoena, the 27 licensing board may petition the district court for its 28 enforcement. Upon proper showing, the district court shall 29 order the person to obey the subpoena, and if the person fails 30 to obey the order of the court the person may be found guilty of 31 contempt of court. 32 b. The presiding officer of a hearing panel may also 33 administer oaths and affirmations, take or order that 34 depositions be taken, and pursuant to rules of the board, grant 35 -1- LSB 1375HV (1) 89 je/rn 1/ 5

H.F. 764 immunity to a witness from disciplinary proceedings initiated 1 either by the board or by other state agencies which might 2 otherwise result from the testimony to be given by the witness 3 to the panel. 4 4. a. In order to assure a free flow of information for 5 accomplishing the purposes of this section , and notwithstanding 6 section 622.10 , all complaint files, investigation files, other 7 investigation reports, and other investigative information in 8 the possession of a licensing board or peer review committee 9 acting under the authority of a licensing board or its 10 employees or agents which relates to licensee discipline are 11 privileged and confidential, and are not subject to discovery, 12 subpoena, or other means of legal compulsion for their release 13 to a person other than the licensee and the boards, their 14 employees and agents involved in licensee discipline , and are 15 not admissible in evidence in a judicial or administrative 16 proceeding other than the proceeding involving licensee 17 discipline. However, investigative disciplinary charges shall 18 be public records and may contain investigative information to 19 inform the licensee and the public of the allegations. After 20 disciplinary charges have been filed, a board shall provide 21 all investigative information pertaining to complaints upon 22 which charges are based to the licensee upon request. A 23 board may adopt rules pursuant to chapter 17A authorizing the 24 release of investigative information to the licensee prior 25 to disciplinary charges being filed to facilitate informal 26 settlement of a complaint. In the absence of such rules, 27 investigatory information shall be kept confidential, even from 28 the licensee, until such time as the disciplinary charges have 29 been filed. Investigative information in the possession of a 30 licensing board or its employees or agents which relates to 31 licensee discipline may be disclosed to appropriate licensing 32 authorities within this state, the appropriate licensing 33 authority authorities in another state, the coordinated 34 licensure information system provided for in the nurse 35 -2- LSB 1375HV (1) 89 je/rn 2/ 5

H.F. 764 licensure compact contained in section 152E.1 or the advanced 1 practice registered nurse compact contained in section 152E.3 , 2 the District of Columbia, or a territory or country in which 3 the licensee is licensed or has applied for a license. If the 4 investigative information in the possession of a licensing 5 board or its employees or agents indicates a crime has been 6 committed, the information shall may be reported to the proper 7 law enforcement agency. However, a A final written decision 8 and finding of fact of a licensing board in a disciplinary 9 proceeding, including a decision referred to in section 272C.3, 10 subsection 4 , is a public record. 11 b. Pursuant to the provisions of section 17A.19, subsection 12 6 , a licensing board upon an appeal by the licensee of the 13 decision by the licensing board, shall transmit the entire 14 record of the contested case to the reviewing court. 15 c. Notwithstanding the provisions of section 17A.19, 16 subsection 6 , if a waiver of privilege has been involuntary 17 and evidence has been received at a disciplinary hearing, the 18 court shall order withheld the identity of the individual whose 19 privilege was waived. 20 6. a. A board created pursuant to chapter 147 , 154A , 21 155 , 169 , 542 , 542B , 543B , 543D , 544A , or 544B may charge 22 a fee not to exceed seventy-five dollars for conducting a 23 disciplinary hearing pursuant to this chapter which results in 24 disciplinary action taken against the licensee by the board, or 25 for conducting a reinstatement hearing, and in addition to the 26 fee, may recover from a licensee the costs for the following 27 procedures and associated personnel : 28 (1) Transcript Court reporter fees and expenses and 29 transcript costs . 30 (2) Witness fees and expenses. 31 (3) Depositions. 32 (4) Medical examination fees incurred relating to a person 33 licensed under chapter 147 , 154A , 155 , or 169 . 34 (5) Investigative costs. 35 -3- LSB 1375HV (1) 89 je/rn 3/ 5

H.F. 764 b. The department of agriculture and land stewardship, 1 the department of commerce, and the Iowa department of public 2 health shall each adopt rules pursuant to chapter 17A which 3 provide for the allocation of fees and costs collected pursuant 4 to this section to the board under its jurisdiction collecting 5 the fees and costs. The fees and costs shall be considered 6 repayment receipts as defined in section 8.2 . 7 c. The fees and costs may be recovered from a licensee as 8 part of an order following a hearing or through an informal 9 settlement. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to disciplinary hearings conducted by 14 professional licensing boards, as defined in Code section 15 272C.1. 16 The bill provides that disciplinary hearings may be heard by 17 an administrative law judge, in addition to various panels of 18 the board provided under current law. The bill provides that 19 if a licensee subject to a hearing does not make an election as 20 to whether the hearing shall be open or closed to the public, 21 the hearing shall be open. 22 The bill authorizes the presiding officer of a hearing panel 23 to issue subpoenas on behalf of the state. The bill strikes 24 duplicative language relating to subpoenas issued on behalf of 25 licensees. 26 Current law prohibits a board from compelling an attorney 27 of a licensee to disclose certain privileged information. The 28 bill provides that this prohibition applies to all attorneys, 29 not only an attorney of a licensee. 30 The bill provides that disciplinary charges against a 31 licensee shall be public records and may contain investigative 32 information to inform the licensee and the public of the 33 allegations. The bill requires a board to provide all 34 investigative information pertaining to complaints upon 35 -4- LSB 1375HV (1) 89 je/rn 4/ 5

H.F. 764 which charges are based to the licensee upon request after 1 disciplinary charges have been filed. The bill authorizes a 2 board to adopt rules authorizing the release of investigative 3 information to the licensee prior to disciplinary charges being 4 filed to facilitate informal settlement of a complaint. In the 5 absence of such rules, investigatory information shall be kept 6 confidential, even from the licensee, until such time as the 7 disciplinary charges have been filed. 8 Current law requires a board to report to the proper law 9 enforcement authority if investigative information in the 10 possession of a licensing board or its employees or agents 11 indicates a crime has been committed. The bill authorizes, but 12 does not require, a board to make such a report. 13 The bill authorizes certain specified boards to charge a fee 14 not to exceed $75 for conducting a reinstatement hearing. The 15 bill authorizes such boards to recover costs from licensees for 16 court reporter fees and expenses and investigative costs. The 17 bill provides that fees for disciplinary hearings that result 18 in disciplinary action and for reinstatement hearings, as well 19 as costs recovered from licensees, collected by such boards may 20 be recovered from a licensee as part of an order following a 21 hearing or through an informal settlement. The bill strikes 22 language authorizing the board of hearing aid specialists and 23 the board of nursing home administrators to recover the cost of 24 medical examination fees from licensees. 25 -5- LSB 1375HV (1) 89 je/rn 5/ 5