148.7 - PROCEDURE FOR LICENSEE DISCIPLINE.
148.7 PROCEDURE FOR LICENSEE DISCIPLINE.
A proceeding for the revocation or suspension of a license to
practice medicine and surgery or osteopathic medicine and surgery or
to discipline a person licensed to practice medicine and surgery or
osteopathic medicine and surgery shall be substantially in accord
with the following procedure:
1. The board may, upon its own motion or upon receipt of a
complaint in writing, order an investigation. The board may, upon
its own motion, order a hearing. A written notice of the time and
place of the hearing together with a statement of the charges shall
be served upon the licensee at least ten days before the hearing in
the manner required for the service of notice of the commencement of
an ordinary action or by restricted certified mail.
2. If the whereabouts of the licensee is unknown, service may be
had by publication as provided in the rules of civil procedure upon
filing the affidavit required by the rules. In case the licensee
fails to appear, either in person or by counsel at the time and place
designated in the notice, the board shall proceed with the hearing as
provided in this section.
3. a. The hearing shall be before a member or members
designated by the board or before an administrative law judge
appointed by the board according to the requirements of section
17A.11, subsection 1. The presiding board member or administrative
law judge may issue subpoenas, administer oaths, and take or cause
depositions to be taken in connection with the hearing. The
presiding board member or administrative law judge shall issue
subpoenas at the request and on behalf of the licensee.
b. The administrative law judge shall be an attorney vested
with full authority of the board to schedule and conduct hearings.
The administrative law judge shall prepare and file with the board
the administrative law judge's findings of fact and conclusions of
law, together with a complete written transcript of all testimony and
evidence introduced at the hearing and all exhibits, pleas, motions,
objections, and rulings of the administrative law judge.
4. Disciplinary hearings held pursuant to section 272C.6,
subsection 1, shall be heard by the board, or by a panel of not less
than six members, at least three of whom are board members, and the
remaining appointed pursuant to section 148.2A, with no more than
three of the six being public members. Notwithstanding chapters 17A
and 21, a disciplinary hearing shall be open to the public at the
discretion of the licensee.
5. A record of the proceedings shall be kept. The licensee shall
have the opportunity to appear personally and by an attorney, with
the right to produce evidence on the licensee's own behalf, to
examine and cross-examine witnesses, and to examine documentary
evidence produced against the licensee.
6. If a person refuses to obey a subpoena issued by the presiding
member or administrative law judge or to answer a proper question
during the hearing, the presiding member or administrative law judge
may invoke the aid of a court of competent jurisdiction or judge of
this court in requiring the attendance and testimony of the person
and the production of papers. A failure to obey the order of the
court may be punished by the court as a civil contempt may be
punished.
7. Unless the hearing is before the entire board, a transcript of
the proceeding, together with exhibits presented, shall be considered
by the entire board at the earliest practicable time. The licensee
and the licensee's attorney shall have the opportunity to appear
personally to present the licensee's position and arguments to the
board. The board shall determine the charge or charges upon the
merits on the basis of the evidence in the record before it.
8. If a majority of the members of the board vote in favor of
finding the licensee guilty of an act or offense specified in section
147.55 or 148.6, the board shall prepare written findings of fact and
its decision imposing one or more of the following disciplinary
measures:
a. Suspend the licensee's license to practice the profession
for a period to be determined by the board.
b. Revoke the licensee's license to practice the profession.
c. Suspend imposition of judgment and penalty or impose the
judgment and penalty, but suspend enforcement and place the physician
on probation. The probation ordered may be vacated upon
noncompliance. The board may restore and reissue a license to
practice medicine and surgery or osteopathic medicine and surgery,
but may impose a disciplinary or corrective measure which the board
might originally have imposed. A copy of the board's order, findings
of fact, and decision, shall be served on the licensee in the manner
of service of an original notice or by certified mail return receipt
requested.
9. Judicial review of the board's action may be sought in
accordance with the terms of the Iowa administrative procedure Act,
chapter 17A.
10. The board's order revoking or suspending a license to
practice medicine and surgery or osteopathic medicine and surgery or
to discipline a licensee shall remain in force and effect until the
appeal is finally determined and disposed of upon its merit. Section History: Early Form
[C58, 62, 66, 71, 73, 75, 77, 79, 81, § 148.7] Section History: Recent Form
88 Acts, ch 1109, § 16; 90 Acts, ch 1086, § 15; 92 Acts, ch 1183,
§ 16, 17; 98 Acts, ch 1202, §31, 46; 2003 Acts, ch 44, §114; 2007
Acts, ch 10, §92; 2008 Acts, ch 1088, §51
Referred to in § 272C.5
Manner of service, R.C.P. 1.302--1.315