Bill Text: IA SF379 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to disciplinary procedures before the board of medicine and providing a penalty. (Formerly SSB 1085.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-03-21 - Referred to State Government. H.J. 560. [SF379 Detail]
Download: Iowa-2013-SF379-Introduced.html
Senate
File
379
-
Introduced
SENATE
FILE
379
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1085)
A
BILL
FOR
An
Act
relating
to
disciplinary
procedures
before
the
board
of
1
medicine
and
providing
a
penalty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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379
Section
1.
Section
148.2A,
subsection
2,
paragraph
e,
1
subparagraphs
(3)
and
(4),
Code
2013,
are
amended
to
read
as
2
follows:
3
(3)
The
majority
of
a
At
least
half
of
the
members
of
a
4
hearing
panel
containing
alternate
members
shall
be
current
5
members
of
the
board.
6
(4)
The
majority
of
a
At
least
half
of
the
members
of
a
7
hearing
panel
containing
alternate
members
shall
be
licensed
8
to
practice
under
this
chapter
.
9
Sec.
2.
Section
148.6,
subsection
1,
Code
2013,
is
amended
10
to
read
as
follows:
11
1.
The
board,
after
due
notice
and
hearing
in
accordance
12
with
chapter
17A
,
may
issue
an
order
to
discipline
a
licensee
13
for
any
of
the
grounds
set
forth
in
section
147.55
,
chapter
14
272C
,
or
this
subsection
section
.
Notwithstanding
section
15
272C.3
,
licensee
discipline
may
include
a
civil
penalty
not
16
to
exceed
ten
thousand
dollars
for
each
separate
and
distinct
17
violation
of
the
laws
and
rules
governing
the
practice
of
18
medicine
up
to
a
maximum
of
fifty
thousand
dollars
per
case
.
19
Sec.
3.
Section
148.7,
Code
2013,
is
amended
to
read
as
20
follows:
21
148.7
Procedure
for
licensee
discipline.
22
A
proceeding
for
the
revocation
or
suspension
of
a
license
23
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
24
surgery
,
or
acupuncture
or
to
discipline
a
person
licensed
25
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
26
surgery
,
or
acupuncture
shall
be
substantially
in
accord
with
27
the
following
procedure
and
with
section
272C.6,
subsection
28
4,
to
the
extent
the
provisions
in
that
subsection
are
not
29
inconsistent
with
this
section
:
30
1.
The
board
may,
upon
its
own
motion
or
upon
receipt
of
31
a
complaint
in
writing
,
order
an
investigation.
The
board
32
may,
upon
its
own
motion,
order
a
hearing.
A
written
notice
33
of
the
time
and
place
of
the
hearing
together
with
a
statement
34
of
the
charges
shall
be
served
upon
the
licensee
at
least
ten
35
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days
before
the
hearing
in
the
manner
required
for
the
service
1
of
notice
of
the
commencement
of
an
ordinary
action
or
by
2
restricted
certified
mail.
3
2.
If
the
whereabouts
of
the
licensee
is
unknown,
service
4
may
be
had
by
publication
as
provided
in
the
rules
of
civil
5
procedure
upon
filing
the
affidavit
required
by
the
rules.
6
In
case
the
licensee
fails
to
appear,
either
in
person
or
7
by
counsel
at
the
time
and
place
designated
in
the
notice,
8
the
board
shall
proceed
with
the
hearing
as
provided
in
this
9
section
.
10
3.
a.
The
hearing
shall
be
before
a
member
or
members
11
designated
by
the
board
or
before
an
administrative
law
12
judge
appointed
by
the
board
according
to
the
requirements
of
13
section
17A.11,
subsection
1
.
The
presiding
board
member
or
14
administrative
law
judge
may
issue
subpoenas,
administer
oaths,
15
and
take
or
cause
depositions
to
be
taken
in
connection
with
16
the
hearing.
The
presiding
board
member
or
administrative
law
17
judge
shall
issue
subpoenas
at
the
request
and
on
behalf
of
the
18
licensee.
19
b.
The
administrative
law
judge
shall
be
an
attorney
vested
20
with
full
authority
of
the
board
to
schedule
and
conduct
21
hearings.
The
administrative
law
judge
shall
prepare
and
file
22
with
the
board
the
administrative
law
judge’s
findings
of
23
fact
and
conclusions
of
law,
together
with
a
complete
written
24
transcript
of
all
testimony
and
evidence
introduced
at
the
25
hearing
and
all
exhibits,
pleas,
motions,
objections,
and
26
rulings
of
the
administrative
law
judge.
27
3.
At
the
sole
discretion
of
the
board,
a
disciplinary
28
hearing
shall
be
held
before
one
of
the
following:
29
a.
A
quorum
of
the
board.
A
quorum
of
the
board
shall
30
include
not
less
than
six
members,
at
least
half
of
whom
are
31
current
board
members,
and
the
remaining
alternate
members
32
appointed
pursuant
to
section
148.2A,
with
no
more
than
half
of
33
the
quorum
being
public
members.
34
b.
A
panel
of
not
less
than
three
board
members,
at
least
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two
of
whom
are
licensed
in
the
profession.
1
c.
A
panel
of
not
less
than
three
specialists
appointed
2
pursuant
to
section
272C.6,
subsection
2.
3
d.
An
administrative
law
judge.
The
decision
to
assign
4
an
administrative
law
judge
shall
be
within
the
sole
5
discretion
of
the
board.
The
board
may
only
assign
cases
to
6
an
administrative
law
judge
to
serve
as
the
presiding
officer
7
at
hearing
that
involve
allegations
of
one
or
more
violations
8
of
the
laws
or
rules
governing
the
practice
of
medicine
which
9
do
not
involve
a
standard
of
medical
care
determination,
10
professional
practice,
medical
ethics,
sexual
misconduct,
or
11
impairment.
The
board
may
assign
cases
involving
issues
of
12
law
and
administrative
violations
including
but
not
limited
13
to
violations
of
a
board
order,
violations
of
an
initial
14
agreement
or
contract
entered
into
with
the
Iowa
physician
15
health
committee,
disciplinary
action
by
another
licensing
16
board
or
regulatory
authority,
and
criminal
convictions.
The
17
board
shall
define
by
rule
those
cases
which
may
be
assigned
18
to
an
administrative
law
judge,
and
the
process
for
using
19
an
administrative
law
judge
as
the
presiding
officer.
The
20
administrative
law
judge
shall
be
assigned
by
the
division
of
21
administrative
hearings
pursuant
to
section
10A.801,
and
shall
22
be
vested
with
full
authority
of
the
board
to
schedule
and
23
conduct
hearings.
24
4.
Disciplinary
hearings
held
pursuant
to
section
272C.6,
25
subsection
1
,
shall
be
heard
by
the
board,
or
by
a
panel
of
26
not
less
than
six
members,
at
least
three
of
whom
are
board
27
members,
and
the
remaining
appointed
pursuant
to
section
28
148.2A
,
with
no
more
than
three
of
the
six
being
public
29
members.
Notwithstanding
chapters
17A
and
21
,
a
disciplinary
30
hearing
shall
be
open
to
the
public
at
the
discretion
of
the
31
licensee.
32
5.
The
presiding
officer
may
issue
subpoenas,
administer
33
oaths,
and
take
or
cause
depositions
to
be
taken
in
connection
34
with
the
hearing.
The
presiding
officer
shall
issue
subpoenas
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at
the
request
and
on
behalf
of
the
parties.
If
a
person
1
refuses
to
obey
a
subpoena
issued
by
the
presiding
officer
or
2
to
answer
a
proper
question
during
the
hearing,
the
presiding
3
officer
may
invoke
the
aid
of
the
district
court
in
requiring
4
the
attendance
and
testimony
of
a
person
or
the
production
5
of
papers.
A
failure
to
obey
the
order
of
the
court
may
be
6
punished
by
the
court
as
a
civil
contempt.
7
5.
6.
A
record
of
the
proceedings
shall
be
kept.
The
8
licensee
shall
have
the
opportunity
to
appear
personally
and
9
by
an
attorney,
with
the
right
to
produce
evidence
on
the
10
licensee’s
own
behalf,
to
examine
and
cross-examine
witnesses,
11
and
to
examine
documentary
evidence
produced
against
the
12
licensee.
13
6.
If
a
person
refuses
to
obey
a
subpoena
issued
by
the
14
presiding
member
or
administrative
law
judge
or
to
answer
a
15
proper
question
during
the
hearing,
the
presiding
member
or
16
administrative
law
judge
may
invoke
the
aid
of
a
court
of
17
competent
jurisdiction
or
judge
of
this
court
in
requiring
18
the
attendance
and
testimony
of
the
person
and
the
production
19
of
papers.
A
failure
to
obey
the
order
of
the
court
may
be
20
punished
by
the
court
as
a
civil
contempt
may
be
punished.
21
7.
Unless
the
hearing
is
held
before
a
quorum
of
the
entire
22
board,
the
presiding
officer
shall
prepare
and
file
with
the
23
board
the
proposed
findings
of
fact,
conclusions
of
law,
and
24
decision
and
order,
with
a
complete
written
transcript
of
the
25
proceeding,
together
with
all
exhibits
presented
,
shall
be
26
considered
by
the
entire
board
at
the
earliest
practicable
time
27
pleadings,
motions,
objections,
and
rulings
within
sixty
days
28
of
the
date
of
the
hearing
absent
compelling
circumstances
.
29
The
licensee
and
the
licensee’s
attorney
shall
have
the
30
opportunity
to
appear
personally
to
present
the
licensee’s
31
position
and
arguments
to
the
board.
The
board
shall
determine
32
the
charge
or
charges
upon
the
merits
on
the
basis
of
the
33
evidence
in
the
record
before
it.
34
8.
The
proposed
findings
of
fact,
conclusions
of
law,
and
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decision
and
order
may
be
appealed
to
the
full
board
by
either
1
party
by
serving
on
the
executive
director,
either
in
person
or
2
by
certified
mail,
a
notice
of
appeal
within
thirty
days
after
3
service
of
the
proposed
findings
of
fact,
conclusions
of
law,
4
and
decision
and
order
on
the
appealing
party.
5
8.
9.
If
a
majority
of
the
members
of
the
board
vote
in
6
favor
of
finding
the
licensee
guilty
of
an
act
or
offense
7
specified
in
section
147.55
or
148.6
,
the
board
shall
prepare
8
written
findings
of
fact
and
its
decision
,
conclusions
of
law,
9
and
a
decision
and
order
imposing
one
or
more
of
the
following
10
disciplinary
measures:
11
a.
Suspend
the
licensee’s
license
to
practice
the
profession
12
for
a
period
to
be
determined
by
the
board.
13
b.
Revoke
the
licensee’s
license
to
practice
the
profession.
14
c.
Suspend
imposition
of
judgment
and
penalty
or
impose
15
the
judgment
and
penalty,
but
suspend
enforcement
and
place
16
the
physician
or
acupuncturist
on
probation.
The
probation
17
ordered
may
be
vacated
upon
noncompliance.
The
board
may
18
restore
and
reissue
a
license
to
practice
medicine
and
surgery
19
or
osteopathic
medicine
and
surgery,
or
acupuncture,
but
may
20
impose
a
disciplinary
or
corrective
measure
which
the
board
21
might
originally
have
imposed.
A
copy
of
the
board’s
order,
22
findings
of
fact,
conclusions
of
law,
and
decision
and
order
,
23
shall
be
served
on
the
licensee
in
the
manner
of
service
of
an
24
original
notice
or
by
certified
mail
return
receipt
requested.
25
9.
10.
Judicial
review
of
the
board’s
action
may
be
26
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
27
procedure
Act,
chapter
17A
.
28
10.
11.
The
board’s
order
revoking
or
suspending
a
license
29
to
practice
medicine
and
surgery
or
osteopathic
medicine
30
and
surgery
,
or
acupuncture,
or
to
discipline
a
licensee
31
shall
remain
in
force
and
effect
until
the
appeal
is
finally
32
determined
and
disposed
of
upon
its
merit.
33
EXPLANATION
34
This
bill
relates
to
disciplinary
procedures
before
the
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board
of
medicine.
1
The
bill
provides
that
at
least
half
of
the
members
of
a
2
disciplinary
hearing
panel
containing
alternate
members
shall
3
be
members
of
the
board
of
medicine
and
at
least
half
the
4
members
shall
be
licensed
to
practice
under
Code
chapter
148.
5
The
bill
increases
the
board’s
maximum
civil
penalty
from
a
6
total
of
$10,000
to
$10,000
for
each
violation,
up
to
a
maximum
7
of
$50,000
per
case.
8
Relating
to
disciplinary
procedures,
the
bill
rewrites
9
the
existing
provisions
to
provide
additional
detail.
The
10
bill
specifies
that
the
procedures
for
licensee
discipline
11
in
Code
section
148.7
apply
to
persons
licensed
to
practice
12
acupuncture.
13
The
bill
specifies
that
a
disciplinary
hearing
may
be
14
presided
over
by
any
of
the
following,
at
the
discretion
15
of
the
board:
a
quorum
of
the
entire
board;
a
panel
of
at
16
least
three
board
members;
a
panel
made
up
of
specialists;
17
or
an
administrative
law
judge.
The
bill
rewrites
existing
18
provisions
relating
to
the
power
of
the
presiding
officer
to
19
issue
subpoenas
and
the
enforcement
of
those
subpoenas.
20
The
bill
allows
an
administrative
law
judge
to
preside
21
at
certain
contested
cases,
when
those
cases
do
not
require
22
medical
expertise
or
involve
sexual
misconduct
or
impairment.
23
The
bill
codifies
in
Code
chapter
148
provisions
that
are
24
generally
set
out
in
Code
chapter
17A
relating
to
the
decision
25
in
a
contested
case.
If
a
quorum
of
the
entire
board
hears
the
26
case,
the
board
decision
is
final
agency
action.
If
less
than
27
a
quorum
or
an
administrative
law
judge
hears
the
case,
the
28
decision
may
be
appealed
to
the
entire
board.
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