IN THE COURT OF APPEALS OF IOWA

No. 18-0902

Filed June 5, 2019

ANDREW KEARSE, D.C.,

Plaintiff-Appellant,

vs.

IOWA BOARD OF CHIROPRACTIC,

Defendant-Appellee.

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Appeal from the Iowa District Court for Lee County, Mark E. Kruse, Judge.

Andrew Kearse appeals the district court’s dismissal of his application for 

judicial review of a sanction imposed on him by the Iowa Board of Chiropractic. 

AFFIRMED.

Curtis R. Dial of Law Office of Curtis Dial, Keokuk, for appellant.

Thomas J. Miller, Attorney General, and Tessa M. Register and Allison A. 

Schmidt, Assistant Attorneys General, for appellee.

Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.
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VAITHESWARAN, Judge.

Several patients of Keokuk chiropractor Andrew Kearse complained that 

Kearse touched them sexually during sessions. The Iowa Board of Chiropractic 

found multiple acts of sexual misconduct and revoked Kearse’s chiropractor 

license “for a minimum period of ten (10) years.” The district court affirmed the 

agency decision. 

Although Kearse denied some of the patients’ allegations, he does not 

argue on appeal that the board’s detailed fact findings are unsupported by 

substantial evidence. See Iowa Code § 17A.19(10)(f) (2015). Kearse simply 

asserts “the sanction imposed was not warranted.” The board counters that it 

possesses “wide discretion to impose discipline.” The board is correct.

Iowa Code section 151.9(3) authorizes revocation of a license to practice 

as a chiropractor when the chiropractor “engag[es] in unethical conduct or practice 

harmful or detrimental to the public.” See also id. § 147.55(3) (same); Iowa Admin. 

Code r. 645-45.2(3) (same). Iowa Code section 147.55(9) authorizes revocation 

for “[o]ther acts or offenses as specified by board rule.” Iowa Administrative Code 

rule 645-45.2(28) states “unethical conduct may include . . . [i]mproper sexual 

contact with, or making suggestive, lewd, lascivious or improper remarks or 

advances to a patient, . . . regardless of the patient’s . . . consent.” Another rule 

vests the board with discretion to consider the number and seriousness of 

violations in addition to other factors in “determining the nature and severity of the 

disciplinary sanction to be imposed.” Iowa Admin. Code r. 645-45.4. Because 

statute and rule grant the board discretion to apply law to fact, we will reverse the 
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board’s sanction only if it is “irrational, illogical, or wholly unjustifiable.” See Iowa 

Code § 17A.19(10)(m).

At the evidentiary hearing before the board, Kearse admitted to sexual 

touching without chiropractic purpose and admitted to engaging in sex acts with 

patients. Kearse testified to being taught in school about “[e]thical boundaries,” 

stated it was his responsibility to set those boundaries with patients, and agreed 

there was no ethical way to engage in sexual relationships with patients. He 

acknowledged his actions were “a disgrace” to his profession and said he was “not 

justifying” them. In his words, “They were my choices and they were . . . very 

disgraceful and poor choices.” He conceded his conduct was unprofessional, 

unethical, and outside the scope of his practice as a chiropractor, and he agreed 

he had to be held accountable. 

We conclude the board acted well within its discretion in revoking Kearse’s 

chiropractor license for at least ten years. The revocation decision was not an 

irrational, illogical, or wholly unjustifiable application of law to fact.

AFFIRMED.