Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 14 - Public Information and Inspection of Records › Rule 657-14.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Board records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Tax records made
			 available to the board (Iowa Code sections
			 422.20
			 and
			 422.72)
			 ;
b. All information in complaint
			 and investigation files maintained by the board for purposes of licensee
			 discipline, except that the information may be released to the licensee once a
			 licensee disciplinary proceeding has been initiated by the filing of formal
			 charges and a notice of hearing (Iowa Code section
			 272C.6(4))
			 ;
c. Records of controlled
			 substances disposed of or destroyed (Iowa Code section
			 124.506)
			 ;
d. Criminal history or prior
			 misconduct of an applicant for licensure (Iowa Code section
			 155A.40(3))
			 ;
e. Information relating to the
			 contents of an examination for licensure (Iowa Code section
			 147.21(2))
			 ;
f. Information relating to the
			 results of an examination for licensure, other than final score, except that
			 information about the results of an examination may be provided to the person
			 who took the examination (Iowa Code section
			 147.21(2))
			 ;
g. Information contained in
			 investigative reports relating to the abuse of controlled substances (Iowa Code
			 section
			 124.504)
			 ;
h. Minutes of closed meetings of
			 the board (Iowa Code section
			 21.5(5)
"b"
);
i. Records
			 of closed-session board disciplinary hearings (Iowa Code sections
			 272C.6(1)
			  and
			 21.5(5)
"b"
);
j.
			 Information or records received from a restricted source and any other
			 information or records made confidential by law;
k. Identifying details in final orders,
			 decisions, and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code section
			 17A.3(1)
"e"
;
l. Those
			 portions of board staff manuals, instructions, or other statements issued by
			 the board that set forth criteria or guidelines to be used by board staff in
			 conducting audits, making inspections, negotiating settlements, or selecting or
			 handling cases. This includes operational tactics or allowable tolerances or
			 criteria for the defense, prosecution, or settlement of cases, when disclosure
			 of these statements would:
(1) Enable law
			 violators to avoid detection;
(2)
			 Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the board (Iowa Code sections
			 17A.2 and
			 17A.3)
			 ;
m. Personal information
			 in personnel files including, but not limited to, evaluations, discipline,
			 social security number, home address, gender, birth date, and medical and
			 psychological evaluations;
n. Any
			 other records made confidential by law.