House
Study
Bill
75
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
MEDICINE
BILL)
A
BILL
FOR
An
Act
relating
to
disciplinary
hearings
conducted
by
1
professional
licensing
boards.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1375DP
(2)
89
je/rn
S.F.
_____
H.F.
_____
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
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H.F.
_____
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
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_____
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
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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
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S.F.
_____
H.F.
_____
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
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