272C.6 - HEARINGS -- POWER OF SUBPOENA -- DECISIONS.
272C.6 HEARINGS -- POWER OF SUBPOENA -- DECISIONS.
1. Disciplinary hearings held pursuant to this chapter shall be
heard by the board sitting as the hearing panel, or by a panel of not
less than three board members who are licensed in the profession, or
by a panel of not less than three members appointed pursuant to
subsection 2. Notwithstanding chapters 17A and 21 a disciplinary
hearing shall be open to the public at the discretion of the
licensee.
2. When, in the opinion of a majority of the board, it is
desirable to obtain specialists within an area of practice of a
profession when holding disciplinary hearings, a licensing board may
appoint licensees not having a conflict of interest to make findings
of fact and to report to the board. Such findings shall not include
any recommendation for or against licensee discipline.
3. The presiding officer of a hearing panel may issue subpoenas
pursuant to rules of the board on behalf of the board or on behalf of
the licensee. A licensee may have subpoenas issued on the licensee's
behalf. A subpoena issued under the authority of a licensing board
may compel the attendance of witnesses and the production of
professional records, books, papers, correspondence and other
records, whether or not privileged or confidential under law, which
are deemed necessary as evidence in connection with a disciplinary
proceeding.
Nothing in this subsection shall be deemed to enable a licensing
board to compel an attorney of the licensee, or stenographer or
confidential clerk of the attorney, to disclose any information when
privileged against disclosure by section 622.10. In the event of a
refusal to obey a subpoena, the licensing board may petition the
district court for its enforcement. Upon proper showing, the
district court shall order the person to obey the subpoena, and if
the person fails to obey the order of the court the person may be
found guilty of contempt of court. The presiding officer of a
hearing panel may also administer oaths and affirmations, take or
order that depositions be taken, and pursuant to rules of the board,
grant immunity to a witness from disciplinary proceedings initiated
either by the board or by other state agencies which might otherwise
result from the testimony to be given by the witness to the panel.
4. In order to assure a free flow of information for
accomplishing the purposes of this section, and notwithstanding
section 622.10, all complaint files, investigation files, other
investigation reports, and other investigative information in the
possession of a licensing board or peer review committee acting under
the authority of a licensing board or its employees or agents which
relates to licensee discipline are privileged and confidential, and
are not subject to discovery, subpoena, or other means of legal
compulsion for their release to a person other than the licensee and
the boards, their employees and agents involved in licensee
discipline, and are not admissible in evidence in a judicial or
administrative proceeding other than the proceeding involving
licensee discipline. However, investigative information in the
possession of a licensing board or its employees or agents which
relates to licensee discipline may be disclosed to appropriate
licensing authorities within this state, the appropriate licensing
authority in another state, the coordinated licensure information
system provided for in the nurse licensure compact contained in
section 152E.1 or the advanced practice registered nurse compact
contained in section 152E.3, the District of Columbia, or a territory
or country in which the licensee is licensed or has applied for a
license. If the investigative information in the possession of a
licensing board or its employees or agents indicates a crime has been
committed, the information shall be reported to the proper law
enforcement agency. However, a final written decision and finding of
fact of a licensing board in a disciplinary proceeding, including a
decision referred to in section 272C.3, subsection 4, is a public
record.
Pursuant to the provisions of section 17A.19, subsection 6, a
licensing board upon an appeal by the licensee of the decision by the
licensing board, shall transmit the entire record of the contested
case to the reviewing court.
Notwithstanding the provisions of section 17A.19, subsection 6, if
a waiver of privilege has been involuntary and evidence has been
received at a disciplinary hearing, the court shall order withheld
the identity of the individual whose privilege was waived.
5. Licensee discipline shall not be imposed except upon the
affirmative vote of a majority of the licensing board.
6. A board created pursuant to chapter 147, 154A, 155, 169, 542,
542B, 543B, 543D, 544A, or 544B may charge a fee not to exceed
seventy-five dollars for conducting a disciplinary hearing pursuant
to this chapter which results in disciplinary action taken against
the licensee by the board, and in addition to the fee, may recover
from a licensee the costs for the following procedures and associated
personnel:
a. Transcript.
b. Witness fees and expenses.
c. Depositions.
d. Medical examination fees incurred relating to a person
licensed under chapter 147, 154A, 155, or 169.
The department of agriculture and land stewardship, the department
of commerce, and the Iowa department of public health shall each
adopt rules pursuant to chapter 17A which provide for the allocation
of fees and costs collected pursuant to this section to the board
under its jurisdiction collecting the fees and costs. The fees and
costs shall be considered repayment receipts as defined in section
8.2. Section History: Early Form
[C79, 81, § 258A.6; 82 Acts, ch 1005, § 8] Section History: Recent Form
86 Acts, ch 1211, § 15; 92 Acts, ch 1125, § 1
C93, § 272C.6
2000 Acts, ch 1008, §13; 2001 Acts, ch 55, §29, 38; 2005 Acts, ch
53, §10
Referred to in § 105.23, 139A.22, 147.135, 147A.25, 148.2A, 148.7,
153.36, 155A.40, 156.16, 203.16, 203C.24, 272C.3, 272C.7, 542.11,
543D.21, 546.10
Board of medicine, see § 148.2A, 148.7