152.10 - LICENSE REVOCATION OR SUSPENSION.
152.10 LICENSE REVOCATION OR SUSPENSION.
1. Notwithstanding sections 147.87 to 147.89, the board may
restrict, suspend, or revoke a license to practice nursing or place
the licensee on probation. The board may also prescribe by rule
conditions of license reinstatement. The board shall prescribe rules
of procedure by which to restrict, suspend, or revoke a license.
These procedures shall conform to the provisions of chapter 17A.
2. In addition to the grounds stated in section 147.55, the
following are grounds for suspension or revocation under subsection 1
of this section:
a. Willful violation of the rules of the board.
b. Continued practice while knowingly having an infectious or
contagious disease which could be harmful to a patient's welfare.
c. Conviction for a felony in the courts of this state or
another state, territory, or country if the felony relates to the
practice of nursing. Conviction shall include only a conviction for
an offense which if committed in this state would be deemed a felony
without regard to its designation elsewhere. A certified copy of the
final order or judgment of conviction or plea of guilty in this state
or in another jurisdiction shall be conclusive evidence of
conviction.
d. (1) Having a license to practice nursing as a registered
nurse or licensed practical nurse 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 of such fact.
(2) Having a license to practice nursing as a registered nurse or
licensed practical nurse revoked or suspended, or having other
disciplinary action taken, by a licensing authority in another state
which has adopted the nurse licensure compact contained in section
152E.1 or the advanced practice registered nurse compact contained in
section 152E.3 and which has communicated information relating to
such action pursuant to the coordinated licensure information system
established by the compact. If the action taken by the licensing
authority occurs in a jurisdiction which does not afford the
procedural protections of chapter 17A, the licensee may object to the
communicated information and shall be afforded the procedural
protections of chapter 17A.
e. Knowingly aiding, assisting, procuring, advising, or
allowing a person to unlawfully practice nursing.
f. Being adjudicated 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 willful or repeated departure from or the
failure to conform to the minimum standard of acceptable and
prevailing practice of nursing; however, actual injury to a patient
need not be established.
h. (1) Inability to practice nursing with reasonable skill
and safety by reason of illness, excessive use of alcohol, drugs,
narcotics, chemicals, or other type of material or as a result of a
mental or physical condition.
(2) The board may, upon probable cause, request a licensee to
submit to an appropriate medical examination by a designated
physician. If requested by the licensee, the licensee may also
designate a physician for an independent medical examination. The
reasonable costs of such examinations and medical reports to the
board shall be paid by the board. Refusal or failure of a licensee
to complete such examinations shall constitute an admission of any
allegations relating to such condition. All objections shall be
waived as to the admissibility of the 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 registered nurse or licensed practical nurse in
another proceeding and shall be confidential. At reasonable
intervals, a registered nurse or licensed practical nurse shall be
afforded an opportunity to demonstrate that the registered nurse or
licensed practical nurse can resume the competent practice of nursing
with reasonable skill and safety to patients. Section History: Early Form
[C77, 79, 81, § 152.10] Section History: Recent Form
2000 Acts, ch 1008, §7; 2005 Acts, ch 53, §7; 2008 Acts, ch 1088,
§104
Referred to in § 272C.3, 272C.4, 272C.5