S.F. _____ H.F. _____ Section 1. Section 272C.3, subsection 1, paragraph d, Code 1 2022, is amended to read as follows: 2 d. Determine in any case whether an investigation, or 3 further investigation, or a disciplinary proceeding is 4 warranted. Notwithstanding the provisions of chapter 17A , 5 a determination by a licensing board that an investigation 6 is not warranted or that an investigation should be closed 7 without initiating a disciplinary proceeding is not subject to 8 judicial review pursuant to section 17A.19 . Notwithstanding 9 any other provision of law, if a board determines there is no 10 probable cause to believe a violation has occurred, the board 11 shall return the complaint to the complainant with a statement 12 specifying the board’s reasons for dismissal of the complaint 13 sufficient to enable the complainant to review the board’s 14 determination. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to investigations and disciplinary 19 proceedings by professional licensing boards. The bill allows 20 a board’s determination that an investigation of a complaint 21 is not warranted or that an investigation should be closed 22 without disciplinary proceedings to be subject to judicial 23 review. The bill also requires a board that determines that no 24 probable cause exists for a complaint to return the complaint 25 to the complainant with a statement specifying the reasons for 26 dismissal. 27 -1- LSB 5313DP (2) 89 ss/rh 1/ 1