153.33 - POWERS OF BOARD.
153.33 POWERS OF BOARD.
Subject to the provisions of this chapter, any provision of this
subtitle to the contrary notwithstanding, the board shall exercise
the following powers:
1. a. To initiate investigations of and conduct hearings on
all matters or complaints relating to the practice of dentistry,
dental hygiene, or dental assisting or pertaining to the enforcement
of any provision of this chapter, to provide for mediation of
disputes between licensees or registrants and their patients when
specifically recommended by the board, to revoke or suspend licenses
or registrations, or the renewal thereof, issued under this or any
prior chapter, to provide for restitution to patients, and to
otherwise discipline licensees and registrants.
b. Subsequent to an investigation by the board, the board may
appoint a disinterested third party to mediate disputes between
licensees or registrants and patients. Referral of a matter to
mediation shall not preclude the board from taking disciplinary
action against the affected licensee or registrant.
2. To appoint investigators, who shall not be members of the
board, to administer and aid in the enforcement of the provisions of
law relating to those persons licensed to practice dentistry and
dental hygiene, and persons registered as dental assistants. The
amount of compensation for the investigators shall be determined
pursuant to chapter 8A, subchapter IV. Investigators authorized by
the board have the powers and status of peace officers when enforcing
this chapter and chapters 147 and 272C.
3. All employees needed to administer this chapter shall be
appointed pursuant to the merit system.
4. To initiate in its own name or cause to be initiated in a
proper court appropriate civil proceedings against any person to
enforce the provisions of this chapter or this subtitle relating to
the practice of dentistry, and the board may have the benefit of
counsel in connection therewith. Any such judicial proceeding as may
be initiated by the board shall be commenced and prosecuted in the
same manner as any other civil action and injunctive relief may be
granted therein without proof of actual damage sustained by any
person but such injunctive relief shall not relieve the person so
enjoined from criminal prosecution by the attorney general or county
attorney for violation of any provision of this chapter or this
subtitle relating to the practice of dentistry.
5. In any investigation made or hearing conducted by the board on
its own motion, or upon written complaint filed with the board by any
person, pertaining to any alleged violation of this chapter or the
accusation against any licensee or registrant, the following
procedure and rules so far as material to such investigation or
hearing shall obtain:
a. The accusation of such person against any licensee or
registrant shall be reduced to writing, verified by some person
familiar with the facts therein stated, and three copies thereof
filed with the board.
b. If the board shall deem the charges sufficient, if true,
to warrant suspension or revocation of license or registration, it
shall make an order fixing the time and place for hearing thereon and
requiring the licensee or registrant to appear and answer thereto,
such order, together with a copy of the charges so made to be served
upon the accused at least twenty days before the date fixed for
hearing, either personally or by certified or registered mail, sent
to the licensee's or registrant's last known post office address as
shown by the records of the board.
c. At the time and place fixed in said notice for said
hearing, or at any time and place to which the said hearing shall be
adjourned, the board shall hear the matter and may take evidence,
administer oaths, take the deposition of witnesses, including the
person accused, in the manner provided by law in civil cases, compel
the appearance of witnesses before it in person the same as in civil
cases by subpoena issued over the signature of the chairperson of the
board and in the name of the state of Iowa, require answers to
interrogatories and compel the production of books, papers, accounts,
documents and testimony pertaining to the matter under investigation
or relating to the hearing.
d. In all such investigations and hearings pertaining to the
suspension or revocation of licenses or registrations, the board and
any person affected thereby may have the benefit of counsel, and upon
the request of the licensee or registrant or the licensee's or
registrant's counsel the board shall issue subpoenas for the
attendance of such witnesses in behalf of the licensee or registrant,
which subpoenas when issued shall be delivered to the licensee or
registrant or the licensee's or registrant's counsel. Such subpoenas
for the attendance of witnesses shall be effective if served upon the
person named therein anywhere within this state, provided, that at
the time of such service the fees now or hereafter provided by law
for witnesses in civil cases in district court shall be paid or
tendered to such person.
e. In case of disobedience of a subpoena lawfully served
hereunder, the board or any party to such hearing aggrieved thereby
may invoke the aid of the district court in the county where such
hearing is being conducted to require the attendance and testimony of
such witnesses. Such district court of the county within which the
hearing is being conducted may, in case of contumacy or refusal to
obey such subpoena, issue an order requiring such person to appear
before said board, and if so ordered give evidence touching the
matter involved in the hearing. Any failure to obey such order of
the court may be punished by such court as a contempt thereof.
f. If the licensee or registrant pleads guilty, or after
hearing shall be found guilty by the board of any of the charges
made, it may suspend for a limited period or revoke the license or
registration, and the last renewal thereof, and shall enter the order
on its records and notify the accused of the revocation or suspension
of the person's license or registration, as the case may be, who
shall thereupon forthwith surrender that license or registration to
the board. Any such person whose license or registration has been so
revoked or suspended shall not thereafter and while such revocation
or suspension is in force and effect practice dentistry, dental
hygiene, or dental assisting within this state.
g. The findings of fact made by the board acting within its
power shall, in the absence of fraud, be conclusive, but the district
court shall have power to review questions of law involved in any
final decision or determination of the board; provided, that
application is made by the aggrieved party within thirty days after
such determination by certiorari, mandamus or such other method of
review or appeal permitted under the laws of this state, and to make
such further orders in respect thereto as justice may require.
h. Pending the review and final disposition thereof by the
district court, the action of the board suspending or revoking such
license or registration shall not be stayed.
6. To adopt rules regarding infection control in dental practice
which are consistent with standards of the federal Occupational
Safety and Health Act of 1970, 29 U.S.C. § 651--678, and
recommendations of the centers for disease control.
7. An inspector may be appointed by the dental board pursuant to
the provisions of chapter 8A, subchapter IV.
8. To promulgate rules as may be necessary to implement the
provisions of this chapter. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 153.33] Section History: Recent Form
90 Acts, ch 1112, § 1; 92 Acts, ch 1121, § 2; 93 Acts, ch 41, § 2;
2002 Acts, ch 1108, §19, 20; 2003 Acts, ch 44, §38, 39; 2003 Acts, ch
145, §200; 2007 Acts, ch 10, §136; 2009 Acts, ch 41, §263; 2009 Acts,
ch 133, §192
Referred to in § 272C.5
Merit system, see chapter 8A, subchapter IV