Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 2 - Public Records and Fair Information Practices › Rule 653-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Open records. Agency 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 agency.
			 (Iowa Code sections
			 422.70
			 and
			 422.72
			)
b. Records which are exempt from
			 disclosure under Iowa Code section
			 22.7.
c. All complaint files, investigative files,
			 other investigation reports, and other investigation information maintained by
			 the agency for purposes of licensee discipline are confidential. (Iowa Code
			 section
			 272C.6(4)
			)
(1) This 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
			)
(2) The agency may disclose the
			 investigative file, reports and other information to appropriate licensing
			 authorities within this state or the appropriate licensing authorities in
			 another state, territory or country in which the licensee is licensed or has
			 applied for a license. (Iowa Code section
			 272C.6(4)
			)
(3) If the investigative
			 information in the possession of the agency indicates a crime has been
			 committed, the information shall be reported to the proper law enforcement
			 agency. However, a final written decision and finding of fact in a disciplinary
			 proceeding, including a decision referred to in Iowa Code section
			 272C.3,
			 subsection 4, is a public record. (Iowa Code section
			 272C.6(4)
			)
d. Information
			 relating to the contents of an examination for licensure. (Iowa Code section
			 147.21
			)
e. Information relating to the
			 results of an examination for licensure other than final score except for
			 information about the results of an examination which is given to the person
			 who took the examination. (Iowa Code section
			 147.21
			)
f. Information contained in
			 professional substance abuse reports or other investigative reports relating to
			 the abuse of controlled substances. (Iowa Code chapter 125 and section
			 228.2
			 and
			 42
			 U.S.C. 290 dd-2)
g. Minutes and tape recordings of portions of
			 meetings held in closed session. (Iowa Code section
			 21.5(4)
			)
h. The record of a disciplinary
			 hearing which is closed to the public pursuant to Iowa Code section
			 272C.6(1).
			 (Iowa Code section
			 21.5(4)
			)
i. 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."
(Iowa Code sections
			 21.5(3)
			  and
			 21.5(18)
			)
j. Records which constitute
			 attorney work product or attorney-client communications or which are otherwise
			 privileged. Attorney work product is confidential under Iowa Code sections
			 22.7(4),
			 622.10,
			 and
			 622.11, Iowa R.
			 Civ. P. 1.503, Fed. R. Civ. P. 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
k. Any other information or records made
			 confidential by law.