272C.4 - DUTIES OF BOARD.
272C.4 DUTIES OF BOARD.
Each licensing board shall have the following duties in addition
to other duties specified by this chapter or elsewhere in the Code:
1. Establish procedures by which complaints which relate to
licensure or to licensee discipline shall be received and reviewed by
the board.
2. Establish procedures by which disputes between licensees and
clients which result in judgments or settlements in or of malpractice
claims or actions shall be investigated by the board.
3. Establish procedures by which any recommendation taken by a
peer review committee shall be reported to and reviewed by the board
if a peer review committee is established.
4. Establish procedures for registration with the board of peer
review committees if a peer review committee is established.
5. Define by rule those recommendations of peer review committees
which shall constitute disciplinary recommendations which must be
reported to the board if a peer review committee is established.
6. Define by rule acts or omissions that are grounds for
revocation or suspension of a license under section 100D.5, 105.22,
147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219,
542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter
151 or 155, as applicable, and to define by rule acts or omissions
that constitute negligence, careless acts, or omissions within the
meaning of section 272C.3, subsection 2, paragraph "b", which
licensees are required to report to the board pursuant to section
272C.9, subsection 2.
7. Establish the procedures by which licensees shall report those
acts or omissions specified by the board pursuant to subsection 6.
8. Give written notice to another licensing board or to a
hospital licensing agency if evidence received by the board either
alleges or constitutes reasonable cause to believe the existence of
an act or omission which is subject to discipline by that other board
or agency.
9. Require each health care licensing board to file with the Iowa
department of public health a copy of each decision of the board
imposing licensee discipline. Each non-health care board shall have
on file a copy of each decision of the board imposing licensee
discipline which copy shall be properly dated and shall be in simple
language and in the most concise form consistent with clearness and
comprehensiveness of subject matter.
10. Establish procedures consistent with the provisions of
section 261.121, subsection 2, and sections 261.122 through 261.127
by which, in the board's discretion, a license shall be suspended,
denied, or revoked, or other disciplinary action imposed, with regard
to a licensee subject to the board's jurisdiction who has defaulted
on a repayment or service obligation under any federal or state
educational loan or service-conditional scholarship program.
Notwithstanding any other provision to the contrary, each board shall
defer to the federal or state program's determination of default upon
certification by the program of such a default on the part of a
licensee, and shall remove the suspension, grant the license, or stay
the revocation or other disciplinary action taken if the federal or
state program certifies that the defaulting licensee has agreed to
fulfill the licensee's obligation, or is complying with an approved
repayment plan. Licensure sanctions shall be reinstated upon
certification that a defaulting licensee has failed to comply with
the repayment or service requirements, as determined by the federal
or state program. The provisions of this subsection relating to
board authority to act in response to notification of default shall
apply not only to a licensing board, as defined in section 272C.1,
but also to any other licensing board or authority regulating a
license authorized by the laws of this state.
Insurance carriers which insure professional and occupational
licensees for acts or omissions that constitute negligence, careless
acts, or omissions in the practice of a profession or occupation
shall file reports with the appropriate licensing board. The reports
shall include information pertaining to any lawsuit filed against a
licensee which may affect the licensee as defined by rule, involving
an insured of the insurer. Section History: Early Form
[C79, 81, § 258A.4] Section History: Recent Form
83 Acts, ch 186, § 10065, 10201; 84 Acts, ch 1067, § 28; 90 Acts,
ch 1086, § 17
C93, § 272C.4
97 Acts, ch 203, § 16; 98 Acts, ch 1119, §8; 2000 Acts, ch 1008,
§11; 2001 Acts, ch 16, §3, 37; 2001 Acts, ch 55, §27, 38; 2002 Acts,
ch 1057, §1; 2002 Acts, ch 1111, §1; 2002 Acts, ch 1119, §150; 2004
Acts, ch 1110, §3; 2005 Acts, ch 89, §35; 2007 Acts, ch 198, §33;
2008 Acts, ch 1089, §10, 12; 2008 Acts, ch 1094, §16, 18
Referred to in § 272C.9