148.6 - LICENSEE DISCIPLINE -- CRIMINAL PENALTY.
148.6 LICENSEE DISCIPLINE -- CRIMINAL PENALTY.
1. The board, after due notice and hearing in accordance with
chapter 17A, may issue an order to discipline a licensee for any of
the grounds set forth in section 147.55, chapter 272C, or this
subsection. Notwithstanding section 272C.3, licensee discipline may
include a civil penalty not to exceed ten thousand dollars.
2. Pursuant to this section, the board may discipline a licensee
who is guilty of any of the following acts or offenses:
a. Knowingly making misleading, deceptive, untrue or
fraudulent representation in the practice of the physician's
profession.
b. Being convicted of a felony in the courts of this state or
another state, territory, or country. Conviction as used in this
paragraph shall include a conviction of an offense which if committed
in this state would be deemed a felony without regard to its
designation elsewhere, or a criminal proceeding in which a finding or
verdict of guilt is made or returned, but the adjudication of guilt
is either withheld or not entered. A certified copy of the final
order or judgment of conviction or plea of guilty in this state or in
another state shall be conclusive evidence.
c. Violating a statute or law of this state, another state,
or the United States, without regard to its designation as either
felony or misdemeanor, which statute or law relates to the practice
of medicine.
d. Having the license to practice medicine and surgery or
osteopathic medicine and surgery revoked or suspended, or having
other disciplinary action taken by a licensing authority of another
state, territory, or country. A certified copy of the record or
order of suspension, revocation, or disciplinary action is prima
facie evidence.
e. Knowingly aiding, assisting, procuring, or advising a
person to unlawfully practice medicine and surgery or osteopathic
medicine and surgery.
f. Being adjudged mentally incompetent by a court of
competent jurisdiction. Such adjudication shall automatically
suspend a license for the duration of the license unless the board
orders otherwise.
g. Being guilty of a willful or repeated departure from, or
the failure to conform to, the minimal standard of acceptable and
prevailing practice of medicine and surgery or osteopathic medicine
and surgery in which proceeding actual injury to a patient need not
be established; or the committing by a physician of an act contrary
to honesty, justice, or good morals, whether the same is committed in
the course of the physician's practice or otherwise, and whether
committed within or without this state.
h. Inability to practice medicine and surgery or osteopathic
medicine and surgery with reasonable skill and safety by reason of
illness, drunkenness, excessive use of drugs, narcotics, chemicals,
or other type of material or as a result of a mental or physical
condition.
(1) The board may, upon probable cause, compel a physician to
submit to a mental or physical examination by designated physicians
or to submit to alcohol or drug screening within a time specified by
the board.
(2) A person licensed to practice medicine and surgery or
osteopathic medicine and surgery who makes application for the
renewal of a license, as required by section 147.10, gives consent to
submit to a mental or physical examination as provided by this
paragraph "h" when directed in writing by the board. All
objections shall be waived as to the admissibility of an examining
physicians' testimony or examination reports on the grounds that they
constitute privileged communication. The medical testimony or
examination reports shall not be used against a physician in another
proceeding and shall be confidential, except for other actions filed
against a physician to revoke or suspend a license.
i. Willful or repeated violation of lawful rule or regulation
adopted by the board or violating a lawful order of the board,
previously entered by the board in a disciplinary or licensure
hearing, or violating the terms and provisions of a consent agreement
or informal settlement between a licensee and the board.
3. A person violating the provisions of section 147.2, 147.84, or
147.85, shall upon conviction be guilty of a class "D" felony. Section History: Early Form
[C58, 62, 66, 71, 73, 75, 77, 79, 81, § 148.6] Section History: Recent Form
90 Acts, ch 1086, § 12--14; 92 Acts, ch 1183, § 15; 2007 Acts, ch
10, §91; 2008 Acts, ch 1088, §50; 2009 Acts, ch 133, §54
Referred to in § 148.7, 272C.3, 272C.4, 272C.5
Service of notice, R.C.P. 1.305 and 1.306