Iowa Administrative Code

submit any judgment or settlement in a malpractice claim or any disciplinary action taken by another licensing authority in another state or jurisdiction to the board within 30 days of the date of occurrence. [ARC 8079C, IAB 6/26/24, effective 7/31/24; Editorial change: IAC Suppl…

committed by another licensee will file a report to the board. The report will include the name and contact information of the licensee and the date, time, and place of the incident. [ARC 8079C, IAB 6/26/24, effective 7/31/24; Editorial change: IAC Supplement 9/18/24]

information, solicit a response from the licensee, subpoena records, conduct interviews, gather evidence, and perform other investigatory duties to sufficiently inform the board. [ARC 8079C, IAB 6/26/24, effective 7/31/24; Editorial change: IAC Supplement 9/18/24]

503.5(1) The board administrator or designee may, upon the written request of a board investigator or on the administrator’s own initiative, subpoena books, papers, records, and other real evidence that is necessary for the board to decide whether to institute a contested case pr…

503.6(1) A complaint may be assigned to a peer reviewer for review and report to the board. 503.6(2) The board determines what complaints or other matters are referred to a peer reviewer. 503.6(3) Peer reviewers are not to be liable for acts, omissions, or decisions made in conne…

board to discuss a pending investigation. By electing to participate in the committee appearance, the licensee waives any objection to a board member both participating in the appearance and later participating as a decision maker in a contested case proceeding. By electing to pa…

“Board” means a professional licensing board established pursuant to Iowa Code chapter 147. “Licensee” means a person licensed under Iowa Code chapter 147. “Licensee discipline” means the same as defined in Iowa Code section 272C.1. [ARC 8081C, IAB 6/26/24, effective 7/31/24; Edi…

provided in Iowa Code section 272C.3 when the board determines that the licensee is guilty of any of the following acts or offenses or those listed in Iowa Code section 147.55: 504.2(1) Fraud in procuring a license. Fraud in procuring a license includes but is not limited to an i…

sanctions as defined in Iowa Code section 272C.3 and as follows: 1. Order a physical or mental evaluation or order alcohol and drug screening within a time specified by the board. 2. Such other sanctions allowed by law. [ARC 8081C, IAB 6/26/24, effective 7/31/24; Editorial change…

determining the nature and severity of the disciplinary sanction to be imposed: 1. The relative serious nature of the violation as it relates to ensuring the citizens of this state a high standard of professional care. 2. The facts of the particular violation. 3. Any extenuating …

“Committee” means the licensee review committee established by a licensing board pursuant to the authority of Iowa Code section 272C.3(1)“k.” “Contract” means the written document establishing the terms for participation in the program. “Impairment” means a condition identified i…

practitioners who self-report potential impairments or who are referred by the board. The program is both an advocate for participant health and a means to protect the health and safety of the public. [ARC 7753C, IAB 4/3/24, effective 5/8/24; Editorial change: IAC Supplement 7/10…

committee. 505.3(1) Membership. The committee may be composed of but not limited to members with the following qualifications: a. A health care professional who has expertise in the area of substance use and addiction treatment. b. A health care professional who has expertise in …

505.4(1) Eligibility. To be eligible for participation in the program, a prospective participant must self-report or be referred by the board for an impairment or potential impairment. The committee will determine for each self-report or referral whether the prospective participa…

participant is responsible for complying with the terms of participation established in the initial agreement and the contract, and for all expenses incurred to comply with the terms imposed by the program. Terms of participation specified in the contract shall include, but not b…

to the confidentiality requirements of Iowa Code section 272C.6. 505.6(1) Participants must report their participation to the applicable monitoring program or licensing authority in any state in which the participant is currently licensed or in which the participant seeks licensu…

settlements that licensing boards and commissions may adopt for procedural consistency. This chapter is deemed applicable to any licensing board under the administrative authority of the department, excluding the department’s attached units, unless the licensing board has separat…

506.10(1) A presiding officer or other person will withdraw from participation in the making of any proposed or final decision in a contested case if that person: a. Has a personal bias or prejudice concerning a party or a representative of a party; b. Has personally investigated…

506.11(1) Consolidation. The presiding officer may consolidate any or all matters at issue in two or more contested case proceedings where: a. The matters at issue involve common parties or common questions of fact or law; b. Consolidation would expedite and simplify consideratio…

506.12(1) Pleadings. Pleadings may be required by rule, by the statement of charges and notice of hearing, or by order of the presiding officer. 506.12(2) Answer or appearance. An answer or appearance, if required, shall be filed by respondent within 20 days of service of the sta…

506.13(1) Service—when required. Except where otherwise provided by law, every document filed in a contested case proceeding shall be served upon each of the parties of record to the proceeding, including the assistant attorney general designated as prosecutor for the state, simu…

506.14(1) Discovery procedures applicable in civil actions are applicable in contested cases, with the exception of the mandatory disclosure and discovery conference requirements in Iowa Rules of Civil Procedure 1.500 and 1.507. Unless lengthened or shortened by these rules, by o…

506.15(1) Subpoenas issued in a contested case may compel the attendance of witnesses at depositions or hearings and may compel the production of books, papers, records, and other real evidence. A command to produce evidence or to permit inspection may be joined with a command to…

506.16(1) Prehearing motions must be in writing, state the grounds for relief, and state the relief sought. 506.16(2) Any party may file a written response to a motion within ten days after the motion is served unless the time period is extended or shortened by the presiding offi…

506.17(1) A prehearing conference may be ordered by the presiding officer, and any party may request a prehearing conference. Prehearing conferences will be conducted by an administrative law judge. A written request for prehearing conference or an order for prehearing conference…

506.18(1) Unless otherwise provided, an application for continuance shall be filed with the board at least seven days before the date scheduled for hearing. If the application for continuance is not contested, the board administrator or designee may issue an order or delegate the…

506.19(1) Hearings are conducted before a quorum of the board or an administrative law judge. With respect to contested cases before the board of medicine, if an insufficient number of board members are available to hear a contested case, the executive director, or designee, may …

“Attached units” includes the employment appeal board, office of civil rights, racing and gaming commission, and state public defender’s office as described in Iowa Code chapter 10A. “Contested case” means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter…

506.20(1) The presiding officer rules on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 506.20(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on sti…

506.21(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. 506.…

506.22(1) Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the statement of charges and notice of hearing, there will be no communication, directly or indirectly, between the presiding officer and any party or repre…

portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record is paid by the requesting party. [ARC 9106C, IAB 4/16/25, effective 3/28/25]

may review an interlocutory order of the board administrator or an administrative law judge. Any request for interlocutory review must be filed within 14 days of issuance of the challenged order, but no later than the time for compliance with the order or the date of hearing, whi…

506.25(1) Final decisions. a. When a quorum of the board presides over the reception of the evidence at the hearing, its decision is a final decision. A final decision of the board is an open record. Final decisions shall be served on the parties in accordance with rule 481—506.1…

506.26(1) Who may file. Any party to a contested case proceeding may file an application for rehearing from a final order. The filing of an application for rehearing is not necessary to exhaust administrative remedies for purposes of judicial review. 506.26(2) Content of applicat…

506.27(1) When available. Any party to a contested case proceeding may petition the board for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the board or pending judicial review. The petition shall state the reasons justifying a st…

exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing…

506.29(1) Emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare, and consistent with the Constitution and other provisions of law, the board may issue a written order in compliance with Iowa Code section 17A.18A to…

506.3(1) Time will be computed as provided in Iowa Code section 4.1(34). 506.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute or by rule. Except for good cause stated in the record, before extending or sh…

within 30 days from the date of issuance of the decision by the board pursuant to Iowa Code section 17A.19. [ARC 9106C, IAB 4/16/25, effective 3/28/25]

The board will report final decisions to the appropriate organizations, which may include but are not limited to the National Practitioner Data Bank and any media or other organizations that have filed a request for public information. [ARC 9106C, IAB 4/16/25, effective 3/28/25]

506.32(1) Any person whose license to practice has been revoked or suspended may apply to the board for reinstatement in accordance with the terms and conditions of the order of revocation or suspension unless the order of revocation provides that the license is permanently revok…

by filing a written notice of appeal and request for hearing with the board within 30 days of the date that the preliminary notice of denial of license was mailed or emailed by the board. The hearing is a contested case conducted in accordance with this chapter. [ARC 9106C, IAB 4…

506.34(1) Definitions. As used in this rule in relation to formal disciplinary action filed by the board against a licensee, the following definitions apply: “Deposition” means the testimony of a person taken pursuant to subpoena or at the request of the state of Iowa taken in a …

506.35(1) Upon a determination by the board that probable cause exists to take public disciplinary action, the board and the licensee may enter into a combined statement of charges and settlement agreement or consent order. Entering into a combined statement of charges and settle…

case proceeding may waive any provision of this chapter. However, the board in its discretion may refuse to give effect to such a waiver if it deems the waiver to be inconsistent with the public interest. [ARC 9106C, IAB 4/16/25, effective 3/28/25] These rules are intended to imp…

against a licensee following investigation, the board may order that a contested case hearing be commenced by the filing and service of a statement of charges and notice of hearing. [ARC 9106C, IAB 4/16/25, effective 3/28/25]

506.5(1) Legal review. Every statement of charges and notice of hearing prepared by the board will be reviewed by the office of the attorney general prior to filing. 506.5(2) Service. Service of the statement of charges and notice of hearing constitutes the commencement of the co…

of hearing, the office of the attorney general will be responsible for the legal representation of the public interest in all proceedings before the board. The assistant attorney general assigned to prosecute a contested case before the board will not represent the board in that …

disciplinary contested case may be the board, an administrative law judge delegated in accordance with rule 481—506.8(17A,272C), or a panel of the board as described in Iowa Code section 272C.6(1). The board may also request that an administrative law judge assist the board with …