Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 14 - Iowa Physician Health Committee-iowa Physician Health Program › Rule 653-14.9 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Information in the possession of the board or the committee
				shall be subject to the confidentiality requirements of Iowa Code section
				272C.6.
				Information about applicants or licensees in the program shall not be disclosed
				except as provided in this rule.
(1)
			 The IPHC is authorized pursuant to Iowa Code section
			 272C.6(4)
			  to communicate information about a current
			 or former IPHP participant to the applicable regulatory authorities or impaired
			 licensee programs in the state of Iowa and in any jurisdiction of the United
			 States or foreign nations in which the participant is currently licensed to
			 practice medicine or in which the participant seeks licensure. IPHP
			 participants must report their participation to the applicable physician health
			 program or licensing authority in any state in which the participant is
			 currently licensed or in which the participant seeks licensure.
(2) The IPHC is authorized to communicate
			 information about an IPHP participant to any person assisting in the
			 participant's treatment, recovery, rehabilitation, monitoring, or maintenance
			 for the duration of the contract.
(3) The IPHC is authorized to communicate
			 information about an IPHP participant to the board in the event a participant
			 does not comply with the terms of the contract as set forth in subrule 14.7(2).
			 The IPHC may provide the board with a participant's IPHP file in the event the
			 participant does not comply with the terms of the contract and the IPHC refers
			 the case to the board for the filing of formal disciplinary charges or other
			 appropriate action. If the board initiates disciplinary action against a
			 licensee for noncompliance with the terms of the contract, the board may
			 include information about a licensee's participation in the IPHP in the
			 statement of charges, settlement agreement and final order, or order following
			 hearing. The IPHC is also authorized to communicate information about an IPHP
			 participant to the board in the event the participant is under investigation by
			 the board.
(4) The IPHC is
			 authorized to communicate information about a current or former IPHP
			 participant to the board if reliable information held by the IPHC reasonably
			 indicates a significant risk to the public exists. If the board initiates
			 disciplinary action based upon this information, the board may include
			 information about a licensee's participation in the IPHP in the statement of
			 charges, settlement agreement and final order, or order following hearing if
			 necessary to address impairment issues related to the violations which are the
			 subject of the disciplinary action.
(5) The IPHC shall file with the board a
			 report on board-referred cases upon the licensee's successful completion of the
			 program.
(6) The IPHC shall
			 maintain a participant's complete IPHP file for the ten-year period after a
			 participant's contract has expired or is terminated. After that period, the
			 Executive Summary and contract shall be retained.