Bill Text: IA SSB1018 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to disciplinary procedures before the board of medicine.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-01-22 - 11:30AM; Senate Lobbyist Lounge Human Resources. [SSB1018 Detail]
Download: Iowa-2015-SSB1018-Introduced.html
Senate
Study
Bill
1018
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
MEDICINE
BILL)
A
BILL
FOR
An
Act
relating
to
disciplinary
procedures
before
the
board
of
1
medicine.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
148.7,
Code
2015,
is
amended
to
read
as
1
follows:
2
148.7
Procedure
for
licensee
discipline.
3
A
proceeding
for
the
revocation
or
suspension
of
a
license
4
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
5
surgery
,
or
acupuncture
or
to
discipline
a
person
licensed
6
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
7
surgery
,
or
acupuncture
shall
be
substantially
in
accord
with
8
the
following
procedure
and
with
section
272C.6,
subsection
9
4,
to
the
extent
the
provisions
in
that
subsection
are
not
10
inconsistent
with
this
section
:
11
1.
The
board
may,
upon
its
own
motion
or
upon
receipt
of
12
a
complaint
in
writing
,
order
an
investigation.
The
board
13
may,
upon
its
own
motion,
order
a
hearing.
A
written
notice
14
of
the
time
and
place
of
the
hearing
together
with
a
statement
15
of
the
charges
shall
be
served
upon
the
licensee
at
least
ten
16
days
before
the
hearing
in
the
manner
required
for
the
service
17
of
notice
of
the
commencement
of
an
ordinary
action
or
by
18
restricted
certified
mail.
19
2.
If
the
whereabouts
of
the
licensee
is
unknown,
service
20
may
be
had
by
publication
as
provided
in
the
rules
of
civil
21
procedure
upon
filing
the
affidavit
required
by
the
rules.
22
In
case
the
licensee
fails
to
appear,
either
in
person
or
23
by
counsel
at
the
time
and
place
designated
in
the
notice,
24
the
board
shall
proceed
with
the
hearing
as
provided
in
this
25
section
.
26
3.
a.
The
hearing
shall
be
before
a
member
or
members
27
designated
by
the
board
or
before
an
administrative
law
28
judge
appointed
by
the
board
according
to
the
requirements
of
29
section
17A.11,
subsection
1
.
The
presiding
board
member
or
30
administrative
law
judge
may
issue
subpoenas,
administer
oaths,
31
and
take
or
cause
depositions
to
be
taken
in
connection
with
32
the
hearing.
The
presiding
board
member
or
administrative
law
33
judge
shall
issue
subpoenas
at
the
request
and
on
behalf
of
the
34
licensee.
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b.
The
administrative
law
judge
shall
be
an
attorney
vested
1
with
full
authority
of
the
board
to
schedule
and
conduct
2
hearings.
The
administrative
law
judge
shall
prepare
and
file
3
with
the
board
the
administrative
law
judge’s
findings
of
4
fact
and
conclusions
of
law,
together
with
a
complete
written
5
transcript
of
all
testimony
and
evidence
introduced
at
the
6
hearing
and
all
exhibits,
pleas,
motions,
objections,
and
7
rulings
of
the
administrative
law
judge.
8
At
the
sole
discretion
of
the
board,
a
disciplinary
hearing
9
shall
be
held
before
one
of
the
following:
10
a.
A
quorum
of
the
board.
A
quorum
of
the
board
shall
11
include
not
less
than
six
members,
at
least
half
of
whom
are
12
board
members,
and
the
remaining
alternate
members
appointed
13
pursuant
to
section
148.2A,
with
no
more
than
half
of
the
14
quorum
being
public
members
or
alternate
members
of
the
board.
15
b.
A
panel
of
not
less
than
three
board
members,
at
least
16
two
of
whom
are
licensed
in
the
profession.
17
c.
A
panel
of
not
less
than
three
specialists
appointed
18
pursuant
to
section
272C.6,
subsection
2.
19
d.
An
administrative
law
judge.
The
decision
to
assign
20
an
administrative
law
judge
shall
be
within
the
sole
21
discretion
of
the
board.
The
board
may
only
assign
cases
to
22
an
administrative
law
judge
to
serve
as
the
presiding
officer
23
at
hearing
that
involve
allegations
of
one
or
more
violations
24
of
the
laws
or
rules
governing
the
practice
of
medicine
which
25
do
not
involve
a
standard
of
medical
care
determination,
26
professional
practice,
medical
ethics,
sexual
misconduct,
or
27
impairment.
The
board
may
assign
cases
involving
issues
of
28
law
and
administrative
violations
including
but
not
limited
29
to
violations
of
a
board
order,
violations
of
an
initial
30
agreement
or
contract
entered
into
with
the
Iowa
physician
31
health
committee,
disciplinary
action
by
another
licensing
32
board
or
regulatory
authority,
and
criminal
convictions.
The
33
board
shall
define
by
rule
those
cases
which
may
be
assigned
34
to
an
administrative
law
judge,
and
the
process
for
using
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an
administrative
law
judge
as
the
presiding
officer.
The
1
administrative
law
judge
shall
be
assigned
by
the
division
of
2
administrative
hearings
pursuant
to
section
10A.801,
and
shall
3
be
vested
with
full
authority
of
the
board
to
schedule
and
4
conduct
hearings.
5
4.
Disciplinary
hearings
held
pursuant
to
section
272C.6,
6
subsection
1
,
shall
be
heard
by
the
board,
or
by
a
panel
of
7
not
less
than
six
members,
at
least
three
of
whom
are
board
8
members,
and
the
remaining
appointed
pursuant
to
section
9
148.2A
,
with
no
more
than
three
of
the
six
being
public
10
members.
Notwithstanding
chapters
17A
and
21
,
a
disciplinary
11
hearing
shall
be
open
to
the
public
at
the
discretion
of
the
12
licensee.
13
5.
The
presiding
officer
may
issue
subpoenas,
administer
14
oaths,
and
take
or
cause
depositions
to
be
taken
in
connection
15
with
the
hearing.
The
presiding
officer
shall
issue
subpoenas
16
at
the
request
and
on
behalf
of
the
parties.
If
a
person
17
refuses
to
obey
a
subpoena
issued
by
the
presiding
officer
or
18
to
answer
a
proper
question
during
the
hearing,
the
presiding
19
officer
may
invoke
the
aid
of
the
district
court
in
requiring
20
the
attendance
and
testimony
of
a
person
or
the
production
21
of
papers.
A
failure
to
obey
the
order
of
the
court
may
be
22
punished
by
the
court
as
a
civil
contempt.
23
6.
A
record
of
the
proceedings
shall
be
kept.
The
licensee
24
shall
have
the
opportunity
to
appear
personally
and
by
an
25
attorney,
with
the
right
to
produce
evidence
on
the
licensee’s
26
own
behalf,
to
examine
and
cross-examine
witnesses,
and
to
27
examine
documentary
evidence
produced
against
the
licensee.
28
6.
If
a
person
refuses
to
obey
a
subpoena
issued
by
the
29
presiding
member
or
administrative
law
judge
or
to
answer
a
30
proper
question
during
the
hearing,
the
presiding
member
or
31
administrative
law
judge
may
invoke
the
aid
of
a
court
of
32
competent
jurisdiction
or
judge
of
this
court
in
requiring
33
the
attendance
and
testimony
of
the
person
and
the
production
34
of
papers.
A
failure
to
obey
the
order
of
the
court
may
be
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punished
by
the
court
as
a
civil
contempt
may
be
punished.
1
7.
Unless
the
hearing
is
held
before
a
quorum
of
the
entire
2
board,
the
presiding
officer
shall
prepare
and
file
with
the
3
board
the
proposed
findings
of
fact,
conclusions
of
law,
and
4
decision
and
order,
with
a
complete
written
transcript
of
the
5
proceeding,
together
with
all
exhibits
presented
,
shall
be
6
considered
by
the
entire
board
at
the
earliest
practicable
time
7
pleadings,
motions,
objections,
and
rulings
within
sixty
days
8
of
the
date
of
the
hearing
absent
compelling
circumstances
.
9
The
licensee
and
the
licensee’s
attorney
shall
have
the
10
opportunity
to
appear
personally
to
present
the
licensee’s
11
position
and
arguments
to
the
board.
The
board
shall
determine
12
the
charge
or
charges
upon
the
merits
on
the
basis
of
the
13
evidence
in
the
record
before
it.
14
8.
The
proposed
findings
of
fact,
conclusions
of
law,
and
15
decision
and
order
may
be
appealed
to
the
full
board
by
either
16
party
by
serving
on
the
executive
director,
either
in
person
or
17
by
certified
mail,
a
notice
of
appeal
within
thirty
days
after
18
service
of
the
proposed
findings
of
fact,
conclusions
of
law,
19
and
decision
and
order
on
the
appealing
party.
20
9.
If
a
majority
of
the
members
of
the
board
vote
in
favor
21
of
finding
the
licensee
guilty
of
an
act
or
offense
specified
22
in
section
147.55
or
148.6
,
the
board
shall
prepare
written
23
findings
of
fact
and
its
decision
,
conclusions
of
law,
and
24
a
decision
and
order
imposing
one
or
more
of
the
following
25
disciplinary
measures:
26
a.
Suspend
the
licensee’s
license
to
practice
the
profession
27
for
a
period
to
be
determined
by
the
board.
28
b.
Revoke
the
licensee’s
license
to
practice
the
profession.
29
c.
Suspend
imposition
of
judgment
and
penalty
or
impose
30
the
judgment
and
penalty,
but
suspend
enforcement
and
place
31
the
physician
or
licensed
acupuncturist
on
probation.
The
32
probation
ordered
may
be
vacated
upon
noncompliance.
The
board
33
may
restore
and
reissue
a
license
to
practice
medicine
and
34
surgery
or
osteopathic
medicine
and
surgery,
or
acupuncture,
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but
may
impose
a
disciplinary
or
corrective
measure
which
the
1
board
might
originally
have
imposed.
A
copy
of
the
board’s
2
order,
findings
of
fact,
conclusions
of
law,
and
decision
and
3
order
,
shall
be
served
on
the
licensee
in
the
manner
of
service
4
of
an
original
notice
or
by
certified
mail
return
receipt
5
requested.
6
9.
10.
Judicial
review
of
the
board’s
action
may
be
7
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
8
procedure
Act,
chapter
17A
.
9
10.
11.
The
board’s
order
revoking
or
suspending
a
license
10
to
practice
medicine
and
surgery
or
osteopathic
medicine
11
and
surgery
,
or
acupuncture,
or
to
discipline
a
licensee
12
shall
remain
in
force
and
effect
until
the
appeal
is
finally
13
determined
and
disposed
of
upon
its
merit.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
disciplinary
procedures
before
the
18
board
of
medicine.
The
bill
rewrites
the
existing
provisions
19
to
provide
additional
detail.
The
bill
specifies
that
the
20
procedures
for
licensee
discipline
in
Code
section
148.7
apply
21
to
persons
licensed
to
practice
acupuncture.
22
The
bill
specifies
that
a
disciplinary
hearing
may
be
23
presided
over
by
any
of
the
following,
at
the
discretion
24
of
the
board:
a
quorum
of
the
entire
board;
a
panel
of
at
25
least
three
board
members;
a
panel
made
up
of
specialists;
26
or
an
administrative
law
judge.
The
bill
rewrites
existing
27
provisions
relating
to
the
power
of
the
presiding
officer
to
28
issue
subpoenas
and
the
enforcement
of
those
subpoenas.
29
The
bill
allows
an
administrative
law
judge
to
preside
30
at
certain
contested
cases,
when
those
cases
do
not
require
31
medical
expertise
or
involve
sexual
misconduct
or
impairment.
32
The
bill
codifies
in
Code
chapter
148
provisions
that
are
33
generally
set
out
in
Code
chapter
17A
relating
to
the
decision
34
in
a
contested
case.
If
a
quorum
of
the
entire
board
hears
the
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