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House Study Bill 75 - IntroducedA Bill ForAn Act 1relating to disciplinary hearings conducted by
2professional licensing boards.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 272C.6, subsections 1, 3, 4, and 6, Code
22021, are amended to read as follows:
31. Disciplinary hearings held pursuant to this chapter
4shall be heard by the board sitting as the hearing panel, or by
5a panel of not less than three board members who are licensed
6in the profession, or by a panel of not less than three members
7appointed pursuant to subsection 2, or by an administrative law
8judge. Notwithstanding chapters 17A and 21, a disciplinary
9hearing shall be open or closed to the public at the discretion
10of the licensee. If the licensee does not make an election,
11the hearing shall be open to the public.
123. a. The presiding officer of a hearing panel may issue
13subpoenas pursuant to rules of the board on behalf of the board
14or on behalf of, the state, or the licensee. A licensee may
15have subpoenas issued on the licensee’s behalf.
16(1) A subpoena issued under the authority of a licensing
17board may compel the attendance of witnesses and the production
18of professional records, books, papers, correspondence and
19other records, whether or not privileged or confidential under
20law, which are deemed necessary as evidence in connection with
21a disciplinary proceeding.
22(2) Nothing in this subsection shall be deemed to enable
23a licensing board to compel an attorney of the licensee, or
24stenographer or confidential clerk of the attorney, to disclose
25any information when privileged against disclosure by section
26622.10.
27(3) In the event of a refusal to obey a subpoena, the
28licensing board may petition the district court for its
29enforcement. Upon proper showing, the district court shall
30order the person to obey the subpoena, and if the person fails
31to obey the order of the court the person may be found guilty of
32contempt of court.
33b. The presiding officer of a hearing panel may also
34administer oaths and affirmations, take or order that
35depositions be taken, and pursuant to rules of the board, grant
-1-1immunity to a witness from disciplinary proceedings initiated
2either by the board or by other state agencies which might
3otherwise result from the testimony to be given by the witness
4to the panel.
54. a. In order to assure a free flow of information for
6accomplishing the purposes of this section, and notwithstanding
7section 622.10, all complaint files, investigation files, other
8investigation reports, and other investigative information in
9the possession of a licensing board or peer review committee
10acting under the authority of a licensing board or its
11employees or agents which relates to licensee discipline are
12privileged and confidential, and are not subject to discovery,
13subpoena, or other means of legal compulsion for their release
14to a person other than the licensee and the boards, their
15employees and agents involved in licensee discipline, and are
16not admissible in evidence in a judicial or administrative
17proceeding other than the proceeding involving licensee
18discipline. However, investigative disciplinary charges shall
19be public records and may contain investigative information to
20inform the licensee and the public of the allegations. After
21disciplinary charges have been filed, a board shall provide
22all investigative information pertaining to complaints upon
23which charges are based to the licensee upon request. A
24board may adopt rules pursuant to chapter 17A authorizing the
25release of investigative information to the licensee prior
26to disciplinary charges being filed to facilitate informal
27settlement of a complaint. In the absence of such rules,
28investigatory information shall be kept confidential, even from
29the licensee, until such time as the disciplinary charges have
30been filed. Investigative information in the possession of a
31licensing board or its employees or agents which relates to
32licensee discipline may be disclosed to appropriate licensing
33authorities within this state, the appropriate licensing
34authority authorities in another state, the coordinated
35licensure information system provided for in the nurse
-2-1licensure compact contained in section 152E.1 or the advanced
2practice registered nurse compact contained in section 152E.3,
3the District of Columbia, or a territory or country in which
4the licensee is licensed or has applied for a license. If the
5investigative information in the possession of a licensing
6board or its employees or agents indicates a crime has been
7committed, the information shall may be reported to the proper
8law enforcement agency. However, a A final written decision
9and finding of fact of a licensing board in a disciplinary
10proceeding, including a decision referred to in section 272C.3,
11subsection 4, is a public record.
12b. Pursuant to the provisions of section 17A.19, subsection
136, a licensing board upon an appeal by the licensee of the
14decision by the licensing board, shall transmit the entire
15record of the contested case to the reviewing court.
16c. Notwithstanding the provisions of section 17A.19,
17subsection 6, if a waiver of privilege has been involuntary
18and evidence has been received at a disciplinary hearing, the
19court shall order withheld the identity of the individual whose
20privilege was waived.
216. a. A board created pursuant to chapter 147, 154A,
22155, 169, 542, 542B, 543B, 543D, 544A, or 544B may charge
23a fee not to exceed seventy-five dollars for conducting a
24disciplinary hearing pursuant to this chapter which results in
25disciplinary action taken against the licensee by the board, or
26for conducting a reinstatement hearing, and in addition to the
27fee, may recover from a licensee the costs for the following
28procedures and associated personnel:
29(1) Transcript Court reporter fees and expenses and
30transcript costs.
31(2) Witness fees and expenses.
32(3) Depositions.
33(4) Medical examination fees incurred relating to a person
34licensed under chapter 147, 154A, 155, or 169.
35(5) Investigative costs.
-3- 1b. The department of agriculture and land stewardship,
2the department of commerce, and the Iowa department of public
3health shall each adopt rules pursuant to chapter 17A which
4provide for the allocation of fees and costs collected pursuant
5to this section to the board under its jurisdiction collecting
6the fees and costs. The fees and costs shall be considered
7repayment receipts as defined in section 8.2.
8c. The fees and costs may be recovered from a licensee as
9part of an order following a hearing or through an informal
10settlement.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to disciplinary hearings conducted by
15professional licensing boards, as defined in Code section
16272C.1.
17The bill provides that disciplinary hearings may be heard by
18an administrative law judge, in addition to various panels of
19the board provided under current law. The bill provides that
20if a licensee subject to a hearing does not make an election as
21to whether the hearing shall be open or closed to the public,
22the hearing shall be open.
23The bill authorizes the presiding officer of a hearing panel
24to issue subpoenas on behalf of the state. The bill strikes
25duplicative language relating to subpoenas issued on behalf of
26licensees.
27Current law prohibits a board from compelling an attorney
28of a licensee to disclose certain privileged information. The
29bill provides that this prohibition applies to all attorneys,
30not only an attorney of a licensee.
31The bill provides that disciplinary charges against a
32licensee shall be public records and may contain investigative
33information to inform the licensee and the public of the
34allegations. The bill requires a board to provide all
35investigative information pertaining to complaints upon
-4-1which charges are based to the licensee upon request after
2disciplinary charges have been filed. The bill authorizes a
3board to adopt rules authorizing the release of investigative
4information to the licensee prior to disciplinary charges being
5filed to facilitate informal settlement of a complaint. In the
6absence of such rules, investigatory information shall be kept
7confidential, even from the licensee, until such time as the
8disciplinary charges have been filed.
9Current law requires a board to report to the proper law
10enforcement authority if investigative information in the
11possession of a licensing board or its employees or agents
12indicates a crime has been committed. The bill authorizes, but
13does not require, a board to make such a report.
14The bill authorizes certain specified boards to charge a fee
15not to exceed $75 for conducting a reinstatement hearing. The
16bill authorizes such boards to recover costs from licensees for
17court reporter fees and expenses and investigative costs. The
18bill provides that fees for disciplinary hearings that result
19in disciplinary action and for reinstatement hearings, as well
20as costs recovered from licensees, collected by such boards may
21be recovered from a licensee as part of an order following a
22hearing or through an informal settlement. The bill strikes
23language authorizing the board of hearing aid specialists and
24the board of nursing home administrators to recover the cost of
25medical examination fees from licensees.
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2professional licensing boards.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 272C.6, subsections 1, 3, 4, and 6, Code
22021, are amended to read as follows:
31. Disciplinary hearings held pursuant to this chapter
4shall be heard by the board sitting as the hearing panel, or by
5a panel of not less than three board members who are licensed
6in the profession, or by a panel of not less than three members
7appointed pursuant to subsection 2, or by an administrative law
8judge. Notwithstanding chapters 17A and 21, a disciplinary
9hearing shall be open or closed to the public at the discretion
10of the licensee. If the licensee does not make an election,
11the hearing shall be open to the public.
123. a. The presiding officer of a hearing panel may issue
13subpoenas pursuant to rules of the board on behalf of the board
14or on behalf of, the state, or the licensee. A licensee may
15have subpoenas issued on the licensee’s behalf.
16(1) A subpoena issued under the authority of a licensing
17board may compel the attendance of witnesses and the production
18of professional records, books, papers, correspondence and
19other records, whether or not privileged or confidential under
20law, which are deemed necessary as evidence in connection with
21a disciplinary proceeding.
22(2) Nothing in this subsection shall be deemed to enable
23a licensing board to compel an attorney of the licensee, or
24stenographer or confidential clerk of the attorney, to disclose
25any information when privileged against disclosure by section
26622.10.
27(3) In the event of a refusal to obey a subpoena, the
28licensing board may petition the district court for its
29enforcement. Upon proper showing, the district court shall
30order the person to obey the subpoena, and if the person fails
31to obey the order of the court the person may be found guilty of
32contempt of court.
33b. The presiding officer of a hearing panel may also
34administer oaths and affirmations, take or order that
35depositions be taken, and pursuant to rules of the board, grant
-1-1immunity to a witness from disciplinary proceedings initiated
2either by the board or by other state agencies which might
3otherwise result from the testimony to be given by the witness
4to the panel.
54. a. In order to assure a free flow of information for
6accomplishing the purposes of this section, and notwithstanding
7section 622.10, all complaint files, investigation files, other
8investigation reports, and other investigative information in
9the possession of a licensing board or peer review committee
10acting under the authority of a licensing board or its
11employees or agents which relates to licensee discipline are
12privileged and confidential, and are not subject to discovery,
13subpoena, or other means of legal compulsion for their release
14to a person other than the licensee and the boards, their
15employees and agents involved in licensee discipline, and are
16not admissible in evidence in a judicial or administrative
17proceeding other than the proceeding involving licensee
18discipline. However, investigative disciplinary charges shall
19be public records and may contain investigative information to
20inform the licensee and the public of the allegations. After
21disciplinary charges have been filed, a board shall provide
22all investigative information pertaining to complaints upon
23which charges are based to the licensee upon request. A
24board may adopt rules pursuant to chapter 17A authorizing the
25release of investigative information to the licensee prior
26to disciplinary charges being filed to facilitate informal
27settlement of a complaint. In the absence of such rules,
28investigatory information shall be kept confidential, even from
29the licensee, until such time as the disciplinary charges have
30been filed. Investigative information in the possession of a
31licensing board or its employees or agents which relates to
32licensee discipline may be disclosed to appropriate licensing
33authorities within this state, the appropriate licensing
34authority authorities in another state, the coordinated
35licensure information system provided for in the nurse
-2-1licensure compact contained in section 152E.1 or the advanced
2practice registered nurse compact contained in section 152E.3,
3the District of Columbia, or a territory or country in which
4the licensee is licensed or has applied for a license. If the
5investigative information in the possession of a licensing
6board or its employees or agents indicates a crime has been
7committed, the information shall may be reported to the proper
8law enforcement agency. However, a A final written decision
9and finding of fact of a licensing board in a disciplinary
10proceeding, including a decision referred to in section 272C.3,
11subsection 4, is a public record.
12b. Pursuant to the provisions of section 17A.19, subsection
136, a licensing board upon an appeal by the licensee of the
14decision by the licensing board, shall transmit the entire
15record of the contested case to the reviewing court.
16c. Notwithstanding the provisions of section 17A.19,
17subsection 6, if a waiver of privilege has been involuntary
18and evidence has been received at a disciplinary hearing, the
19court shall order withheld the identity of the individual whose
20privilege was waived.
216. a. A board created pursuant to chapter 147, 154A,
22155, 169, 542, 542B, 543B, 543D, 544A, or 544B may charge
23a fee not to exceed seventy-five dollars for conducting a
24disciplinary hearing pursuant to this chapter which results in
25disciplinary action taken against the licensee by the board, or
26for conducting a reinstatement hearing, and in addition to the
27fee, may recover from a licensee the costs for the following
28procedures and associated personnel:
29(1) Transcript Court reporter fees and expenses and
30transcript costs.
31(2) Witness fees and expenses.
32(3) Depositions.
33(4) Medical examination fees incurred relating to a person
34licensed under chapter 147, 154A, 155, or 169.
35(5) Investigative costs.
-3- 1b. The department of agriculture and land stewardship,
2the department of commerce, and the Iowa department of public
3health shall each adopt rules pursuant to chapter 17A which
4provide for the allocation of fees and costs collected pursuant
5to this section to the board under its jurisdiction collecting
6the fees and costs. The fees and costs shall be considered
7repayment receipts as defined in section 8.2.
8c. The fees and costs may be recovered from a licensee as
9part of an order following a hearing or through an informal
10settlement.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to disciplinary hearings conducted by
15professional licensing boards, as defined in Code section
16272C.1.
17The bill provides that disciplinary hearings may be heard by
18an administrative law judge, in addition to various panels of
19the board provided under current law. The bill provides that
20if a licensee subject to a hearing does not make an election as
21to whether the hearing shall be open or closed to the public,
22the hearing shall be open.
23The bill authorizes the presiding officer of a hearing panel
24to issue subpoenas on behalf of the state. The bill strikes
25duplicative language relating to subpoenas issued on behalf of
26licensees.
27Current law prohibits a board from compelling an attorney
28of a licensee to disclose certain privileged information. The
29bill provides that this prohibition applies to all attorneys,
30not only an attorney of a licensee.
31The bill provides that disciplinary charges against a
32licensee shall be public records and may contain investigative
33information to inform the licensee and the public of the
34allegations. The bill requires a board to provide all
35investigative information pertaining to complaints upon
-4-1which charges are based to the licensee upon request after
2disciplinary charges have been filed. The bill authorizes a
3board to adopt rules authorizing the release of investigative
4information to the licensee prior to disciplinary charges being
5filed to facilitate informal settlement of a complaint. In the
6absence of such rules, investigatory information shall be kept
7confidential, even from the licensee, until such time as the
8disciplinary charges have been filed.
9Current law requires a board to report to the proper law
10enforcement authority if investigative information in the
11possession of a licensing board or its employees or agents
12indicates a crime has been committed. The bill authorizes, but
13does not require, a board to make such a report.
14The bill authorizes certain specified boards to charge a fee
15not to exceed $75 for conducting a reinstatement hearing. The
16bill authorizes such boards to recover costs from licensees for
17court reporter fees and expenses and investigative costs. The
18bill provides that fees for disciplinary hearings that result
19in disciplinary action and for reinstatement hearings, as well
20as costs recovered from licensees, collected by such boards may
21be recovered from a licensee as part of an order following a
22hearing or through an informal settlement. The bill strikes
23language authorizing the board of hearing aid specialists and
24the board of nursing home administrators to recover the cost of
25medical examination fees from licensees.
-5-je/rn