272C.9 - DUTIES OF LICENSEES.

        272C.9  DUTIES OF LICENSEES.
         1.  Each licensee of a licensing board, as a condition of
      licensure, is under a duty to submit to a physical, mental, or
      clinical competency examination when directed in writing by the board
      for cause.  All objections shall be waived as to the admissibility of
      the examining physician's testimony or reports on the grounds of
      privileged communications.  The medical testimony or report shall not
      be used against the licensee in any proceeding other than one
      relating to licensee discipline by the board, or one commenced in
      district court for revocation of the licensee's privileges.  The
      licensing board, upon probable cause, shall have the authority to
      order a physical, mental, or clinical competency examination, and
      upon refusal of the licensee to submit to the examination the
      licensing board may order that the allegations pursuant to which the
      order of physical, mental, or clinical competency examination was
      made shall be taken to be established.
         2.  A licensee has a continuing duty to report to the licensing
      board by whom the person is licensed those acts or omissions
      specified by rule of the board pursuant to section 272C.4, subsection
      6, when committed by another person licensed by the same licensing
      board.  This subsection does not apply to licensees under chapter 542
      when the observations are a result of participation in programs of
      practice review, peer review and quality review conducted by
      professional organizations of certified public accountants, for
      educational purposes and approved by the accountancy examining board.

         3.  A licensee shall have a continuing duty and obligation, as a
      condition of licensure, to report to the licensing board by which the
      licensee is licensed every adverse judgment in a professional or
      occupational malpractice action to which the licensee is a party, and
      every settlement of a claim against the licensee alleging
      malpractice.
         4.  A licensee who willfully fails to comply with subsection 2 or
      3 of this section commits a violation of this chapter for which
      licensee discipline may be imposed.  
         Section History: Early Form
         [C79, 81, § 258A.9; 81 Acts, ch 84, § 1] 
         Section History: Recent Form
         C93, § 272C.9
         2001 Acts, ch 55, §30, 38; 2005 Acts, ch 89, §36
         Referred to in § 272C.4