reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 24 - Complaints and Investigations › Rule 653-24.4 - Order for Physical, Mental, or Clinical Competency Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
All licensees of this board, as a condition of licensure, have
				a duty to submit to a physical, mental, or clinical competency evaluation
				within a time specified by order of the board. A physical or mental evaluation
				may be ordered upon a showing of probable cause that the licensee suffers from
				a mental, neuropsychological, physical, physiological, psychiatric or
				psychological condition, including, but not limited to, behavior which
				constitutes professional sexual misconduct as defined by 653-subrule 13.7(4),
				disruptive behavior as defined by 653-subrule 13.7(5), or substance abuse. A
				physical or mental health evaluation may include a disruptive behavior
				evaluation, neuropsychological evaluation, psychiatric evaluation, professional
				sexual misconduct evaluation, substance abuse evaluation, or screening for
				alcohol or drug abuse. A clinical competency evaluation may be ordered upon a
				showing of probable cause that the licensee is professionally incompetent. The
				evaluation order and all information developed during the evaluation process
				shall remain part of a confidential investigative file pursuant to Iowa Code
				section
				272C.6(4).
				The evaluation or screening shall be at the licensee's expense. All such orders
				shall be delivered to the licensee via personal service or by certified mail,
				return receipt requested.
(1)
Content of order.
A board order shall include the following
			 items:
a.
Probable cause.
A
			 showing by the board that there is probable cause to order the licensee to
			 complete an evaluation.
b.
Nature of evaluation or screening.
A description of the type of
			 evaluation or screening that the licensee must complete.
c.
Evaluation facility.
The
			 name and address of the examiner or evaluation or treatment or screening
			 facility that the board has identified to perform the evaluation.
d.
Scheduling the
			 evaluation.
The amount of time in which the licensee must schedule the
			 required evaluation.
e.
Completion of the evaluation.
The amount of time in which the licensee
			 must complete the evaluation.
f.
Board release.
A requirement that the licensee sign all
			 necessary releases for the board to communicate with the evaluator or the
			 evaluation or treatment program and to obtain any reports generated by the
			 program.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Appear personally "
means the ability to
				participate at a hearing or a prehearing conference through teleconference or
				videoconference or to be physically present.
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case under Iowa Code section
				17A.10A.
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order.
"Party"
means the state of Iowa or the
				respondent.
"Presiding officer"
means the board of
				medicine or a panel of the board. In a disciplinary contested case proceeding,
				the board may request that an administrative law judge make initial rulings on
				prehearing matters, and assist and advise the board in presiding at the
				disciplinary contested case hearing.
"Proposed decision "
means a hearing panel's
				recommended findings of fact, conclusions of law, decision, and order in a
				contested case in which the full board did not preside.
"Quorum of the board"
means a majority of the
				members of the board. Official action, including filing of formal charges or
				imposition of discipline, requires a majority vote of the members
				present.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.3 - Combined Statement of Charges and Settlement Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
Upon a determination by the board that probable cause exists to
				take formal disciplinary action, the board and the licensee may enter into a
				combined statement of charges and settlement agreement.
(1)
Board discretion.
The
			 board has the sole discretion to determine whether to offer a licensee a
			 combined statement of charges and settlement agreement.
(2)
Voluntary agreement.
Entering into a combined statement of charges and settlement agreement is
			 completely voluntary.
(3)
Contents.
The combined statement of charges and settlement
			 agreement shall include a brief statement of the charges, the circumstances
			 that led to the charges and the terms of settlement.
(4)
Resolution of the contested
			 case.
A combined statement of charges and settlement agreement shall
			 constitute the resolution of a contested case proceeding.
(5)
Open record.
A combined
			 statement of charges and settlement agreement is an open record.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.4 - Statement of Charges

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Probable cause.
In the event that the board finds there is
			 probable cause for taking disciplinary action against a licensee, the board
			 shall order that a contested case hearing be commenced by the filing of a
			 statement of charges.
(2)
Legal review.
Every statement of charges prepared by the board
			 shall be reviewed by the office of the attorney general before it is
			 filed.
(3)
Time
			 requirements.
a. Time shall be
			 computed as provided in Iowa Code section
			 4.1(34).
b. For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by rule. Except for good cause stated in the record, before extending or
			 shortening the time to take any action, the presiding officer shall afford all
			 parties an opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.6 - Presiding Officer in a Disciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer in a disciplinary contested case shall
				be the board or a panel of the board. The board may request that an
				administrative law judge assist the board with initial rulings on prehearing
				matters. Decisions of the administrative law judge serving in this capacity are
				subject to the interlocutory appeal provisions of rule
				653-25.23
				(17A). In addition, an administrative law judge may assist and advise the board
				presiding at the contested case hearing.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.7 - Presiding Officer in a Nondisciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A "nondisciplinary contested case"
			 includes license denial proceedings. Any party in a nondisciplinary contested
			 case, including an appeal of a denial of licensure, who wishes to request that
			 the presiding officer assigned to render a proposed decision be an
			 administrative law judge employed by the department of inspections and appeals
			 must file a written request within 20 days after service of a statement of
			 charges which identifies or describes the presiding officer as the
			 board.
(2) The board may deny the
			 request only upon a finding that one or more of the following apply:
a. There is a compelling need to expedite
			 issuance of a final decision in order to protect the public health, safety, or
			 welfare.
b. An administrative law
			 judge with the qualifications identified in subrule 25.7(4) is unavailable to
			 hear the case within a reasonable time.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
f.The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.8 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party.
b. Has personally investigated, prosecuted,
			 or advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties. If the licensee elects to appear before the board in the
			 investigative process pursuant to 653-paragraph 24.2(5)
"d, "
the licensee waives this provision.
c. Is subject to the authority, direction or
			 discretion of any person who has personally investigated, prosecuted or
			 advocated in connection with that contested case, the specific controversy
			 underlying that contested case, or a pending factually related contested case
			 or controversy involving the same parties.
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years.
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case.
f.Has a spouse or relative within the third
			 degree of relationship who:
(1) Is a party to
			 the case, or an officer, director or trustee of a party;
(2) Is a lawyer in the case;
(3) Is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) Is likely to be a material witness in the
			 case.
g. Has any other
			 legally sufficient cause to withdraw from participation in the decision making
			 in that case.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.9 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
a. The matters at issue involve common
			 parties or common questions of fact or law;
b. Consolidation would expedite and simplify
			 consideration of the issues involved; and
c. Consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.10 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pleadings may
			 be required by rule, by the statement of charges, or by order of the presiding
			 officer.
(2) Answer or appearance.
			 An answer or appearance may be filed by the respondent within 20 days of
			 service of the statement of charges. The answer or appearance shall state the
			 name, address and telephone number of the person filing the answer, the person
			 or entity on whose behalf it is filed, and the attorney representing that
			 person, if any. If the attorney is not licensed to practice law in Iowa, the
			 attorney must fully comply with Iowa Court Rule 31.14.
(3) Amendment. Amendments to the statement of
			 charges and to an answer may be allowed with the consent of the parties or in
			 the discretion of the presiding officer who may impose terms or grant a
			 continuance.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.11 - Service and Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service-when required.
Except where otherwise provided by law,
			 every document filed in a contested case proceeding shall be served upon each
			 of the parties of record to the proceeding, including the assistant attorney
			 general designated as prosecutor for the state, simultaneously with its filing.
			 Except for the original statement of charges and an application for rehearing
			 as provided in Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Service-how
			 made.
Service upon a party represented by an attorney shall be made
			 upon the attorney unless otherwise ordered. Service is made by delivery or by
			 mailing a copy to the person's last-known address. Service by mail is complete
			 upon mailing, except where otherwise specifically provided by statute, rule, or
			 order.
(3)
Filing-when
			 required.
After the statement of charges, all documents in a contested
			 case proceeding shall be filed with the board. All documents that are required
			 to be served upon a party shall be filed simultaneously with the
			 board.
(4)
Filing-when
			 made.
Except where otherwise provided by law, a document is deemed
			 filed at the time it is delivered to the Board of Medicine, 400 S.W. 8th
			 Street, Suite C, Des Moines, Iowa 50309-4686, delivered to an established
			 courier service for immediate delivery to that office, or mailed by first-class
			 mail or state interoffice mail to that office, so long as there is proof of
			 mailing.
(5)
Proof of
			 mailing.
Proof of mailing includes either:
a. A legible United States Postal Service
			 postmark on the envelope;
b. A
			 certificate of service;
c. A
			 notarized affidavit; or
d. A
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the Board of Medicine, 400 S.W. 8th Street, Suite C, Des Moines,
				Iowa 50309-4686, and to the names and addresses of the parties listed below by
				depositing the same in (a United States post office mailbox with correct
				postage properly affixed or state interoffice mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.12 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules or by order of the presiding
			 officer, or by agreement of the parties, time periods for compliance with
			 discovery shall be as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery shall
			 allege that the moving party has previously made a good-faith attempt to
			 resolve the discovery issues involved with the opposing party. Motions in
			 regard to discovery shall be ruled upon by the presiding officer. Opposing
			 parties shall be afforded the opportunity to respond within ten days of the
			 filing of the motion unless the time is shortened as provided in subrule
			 25.12(1). The presiding officer may rule on the basis of the written motion and
			 any response, or may order argument on the motion.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.13 - Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Subpoenas issued in a contested case may compel the attendance of witnesses at
			 depositions or hearing and may compel the production of books, papers, records,
			 or other real evidence. A command to produce evidence or to permit inspection
			 may be joined with a command to appear at deposition or hearing or may be
			 issued separately. Subpoenas shall be issued by the executive director or
			 designee upon written request. A request for a subpoena of mental health
			 records must confirm the conditions described in 653-paragraph
			 24.2(6)
"d"
have been satisfied prior to the issuance of the
			 subpoena.
(2) A request for a
			 subpoena shall include the following information, as applicable, unless the
			 subpoena is requested in order to compel testimony or documents for rebuttal or
			 impeachment purposes:
a. The name, address and
			 telephone number of the person requesting the subpoena;
b. The name and address of the person to whom
			 the subpoena shall be directed;
c.
			 The date, time, and location at which the person shall be commanded to attend
			 and give testimony;
d. Whether the
			 testimony is requested in connection with a deposition or hearing;
e. A description of the books, papers,
			 records or other real evidence requested;
f.The date, time and location for production,
			 or inspection and copying; and
g.
			 In the case of a subpoena request for mental health records, confirmation that
			 the conditions described in 653-paragraph 24.2(6)
"d"
have been
			 satisfied.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.14 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by the presiding officer. The presiding officer may
			 consider a failure to respond within the required time period in ruling on a
			 motion.
(3) The presiding officer
			 may schedule oral argument on any motion.
(4) Motions pertaining to the hearing must be
			 filed and served at least ten days prior to the date of hearing unless there is
			 good cause for permitting later action or the time for such action is
			 lengthened or shortened by rule of the board or an order of the presiding
			 officer.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.15 - Prehearing Conferences

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Any party may request a prehearing conference. Prehearing conferences shall be
			 conducted by the executive director or designee, who may request the assistance
			 of an administrative law judge. A written request for prehearing conference or
			 an order for prehearing conference on the executive director's own motion shall
			 be filed prior to the contested case hearing, but no later than 20 days prior
			 to the hearing date.
(2) The
			 parties at a prehearing conference shall be prepared to discuss the following
			 subjects, and the executive director or administrative law judge may issue
			 appropriate orders concerning:
a. The
			 possibility of settlement.
b. The
			 entry of a scheduling order to include deadlines for completion of
			 discovery.
c. Stipulations of law
			 or fact.
d. Stipulations on the
			 admissibility of exhibits.
e.
			 Submission of expert and other witness lists. Witness lists may be amended
			 subsequent to the prehearing conference within the time limits established by
			 the executive director or administrative law judge at the prehearing
			 conference. Any such amendments must be served on all parties. Witnesses not
			 listed on the final witness list may be excluded from testifying unless there
			 was good cause for the failure to include their names.
f. Submission of exhibit lists. Exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the executive director or administrative law judge at the
			 prehearing conference. Other than rebuttal exhibits, exhibits that are not
			 listed on the final exhibit list may be excluded from admission into evidence
			 unless there was good cause for the failure to include them.
g. Stipulations for waiver of any provision
			 of law.
h. Identification of
			 matters which the parties intend to request be officially noticed.
i. Consideration of any additional matters
			 which will expedite the hearing.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.16 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be filed with the board at least seven days before the date scheduled for
				hearing. If the application for continuance is not contested, the executive
				director or designee shall issue the appropriate order. If the application for
				continuance is contested, the matter shall be heard by the board as presiding
				officer or may be delegated by the board to an administrative law judge. No
				continuance shall be granted within seven days of the date of hearing except
				for extraordinary, extenuating or emergency circumstances.
(1) A written application for a continuance
			 shall:
a. Be made at the earliest possible
			 time and no less than seven days before the hearing except in case of
			 unanticipated emergencies;
b. State
			 the specific reasons for the request for continuance; and
c. Be signed by the requesting party or the
			 party's representative.
An oral application for a continuance may be made if the board
				or the presiding officer waives the requirement for a written motion. However,
				a party making such an oral application for a continuance must confirm that
				request by written application within two days after the oral request unless
				that requirement is waived by the board or the presiding officer. No
				application for continuance shall be made or granted without notice to all
				parties except in an emergency where notice is not feasible.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.17 - Settlement Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 contested case may be resolved by settlement agreement. Settlement negotiations
			 may be initiated by any party at any stage of a contested case. No party is
			 required to participate in the settlement process. The executive director,
			 director of legal affairs, or prosecuting attorney shall have authority to
			 negotiate on behalf of the board.
(2) The full board shall not be involved in
			 negotiations until a written proposed settlement is submitted to the full board
			 for approval, unless both parties waive this prohibition.
(3) Consent to negotiation by the respondent
			 during settlement negotiation constitutes a waiver of notice and opportunity to
			 be heard pursuant to Iowa Code section
			 17A.17.
			 Thereafter, the prosecuting attorney is authorized to discuss settlement with
			 the board chairperson or designee.
(4) Settlement negotiations shall be
			 completed at least seven days prior to the date scheduled for hearing whenever
			 possible.
(5) A settlement
			 agreement is an open record.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.19 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.20 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case proceeding after proper
			 service of notice, the presiding officer may, if no adjournment is granted,
			 enter a default decision or proceed with the hearing and render a decision in
			 the absence of the party.
(2) Where
			 appropriate and not contrary to law, any party may move for default against a
			 party who has failed to appear after proper service.
(3) Default decisions or decisions rendered
			 on the merits after a party has failed to appear or participate in a contested
			 case proceeding become final agency action unless, within 15 days after the
			 date of notification or mailing of the decision, a motion to vacate is filed
			 and served on all parties or an appeal of a decision on the merits is timely
			 initiated within the time provided by subrule 25.24(2). A motion to vacate must
			 state all facts relied upon by the moving party which establish that good cause
			 existed for that party's failure to appear or participate at the contested case
			 proceeding. Each fact so stated must be substantiated by at least one sworn
			 affidavit of a person with personal knowledge of each such fact, which
			 affidavit(s) must be attached to the motion.
(4) The time for further appeal of a decision
			 for which a timely motion to vacate has been filed is stayed pending a decision
			 on the motion to vacate.
(5)
			 Properly substantiated and timely filed motions to vacate shall be granted only
			 for good cause shown. The burden of proof as to good cause is on the moving
			 party. Adverse parties shall have ten days to respond to a motion to vacate.
			 Adverse parties shall be allowed to conduct discovery as to the issue of good
			 cause and to present evidence on the issue prior to a decision on the motion,
			 if a request to do so is included in that party's response.
(6) "Good cause" for purposes of this rule
			 shall have the same meaning as "good cause" for setting aside a default
			 judgment under the Iowa Rules of Civil Procedure.
(7) A decision denying a motion to vacate is
			 subject to further appeal within the time limit allowed for further appeal of a
			 decision on the merits in the contested case proceeding. A decision granting a
			 motion to vacate is subject to interlocutory appeal by the adverse party
			 pursuant to rule
			 653-25.23
			 (17A).
(8) If a motion to vacate is
			 granted and no timely interlocutory appeal has been taken, the presiding
			 officer shall issue another statement of charges and the contested case shall
			 proceed accordingly.
(9) A default
			 decision may provide either that the default decision is to be stayed pending a
			 timely motion to vacate or that the default decision is to take effect
			 immediately, subject to a request for stay under rule
			 653-25.27
			 (17A).
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.22 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board shall provide a copy of the whole or
				any portion of the record at cost. The cost of preparing a copy of the record
				or of transcribing the hearing record shall be paid by the requesting
				party.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.23 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				board may review an interlocutory order of the executive director,
				administrative law judge, or hearing panel. Any request for interlocutory
				review must be filed within 14 days of issuance of the challenged order, but no
				later than the time for compliance with the order or the date of hearing,
				whichever is first. In determining whether to do so, the board shall
				consider:
1. The extent to which its
			 granting the interlocutory appeal would expedite final resolution of the case;
			 and
2. The extent to which review
			 of that interlocutory order by the board at the time it reviews the proposed
			 decision of the presiding officer would provide an adequate remedy.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.24 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final
			 decisions.
a. When a quorum of the
			 board presides over the reception of the evidence at the hearing, its decision
			 is a final decision. A majority of the members of the board shall constitute a
			 quorum. A final decision of the board is an open record. Final decisions shall
			 be served on the parties in accordance with subrule 25.11(2).
b. A decision of a hearing panel containing
			 alternate members is considered a final decision of the board, in accordance
			 with Iowa Code section
			 148.2A.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.25 - Disciplinary Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If
			 the board concludes following a contested case hearing that discipline is
			 warranted, the board has authority to impose any of the following disciplinary
			 sanctions:
a. Revocation.
b. Suspension.
c. Restriction.
d. Probation.
e. Additional education or
			 training.
f.
			 Reexamination.
g. Physical or
			 mental evaluation or substance abuse evaluation, or alcohol or drug screening
			 or clinical competency evaluation.
h. Civil penalties not to exceed
			 $10,000.
i. Citation and
			 warning.
j. Imposition of such
			 other sanctions allowed by law as may be appropriate.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.26 - Application for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may file.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in paragraph 25.24(2)
"e "
and subrule
			 25.26(5), the applicant requests an opportunity to submit additional
			 evidence.
(3)
Filing
			 deadline.
The application shall be filed with the board within 20 days
			 after issuance of the final decision.
(4)
Notice to other parties.
A copy of the application shall be timely mailed by the applicant to all
			 parties of record not joining therein.
(5)
Additional evidence.
A
			 request that additional evidence be considered on rehearing shall be governed
			 by paragraph 25.24(2)
"e. "
(6)
Disposition.
Any
			 application for a rehearing shall be deemed denied unless the agency grants the
			 application within 20 days after its filing.
(7)
Only remedy.
Application
			 for rehearing is the only procedure by which a party may request that the board
			 reconsider a final board decision.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.27 - Stays of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
Any party to a contested case proceeding may
			 petition the board for a stay of an order issued in that proceeding or for
			 other temporary remedies, pending review by the board or pending judicial
			 review. The petition shall state the reasons justifying a stay or other
			 temporary remedy.
(2)
When
			 granted.
In determining whether to grant a stay, the board shall
			 consider the factors listed in Iowa Code section
			 17A.19(5)
			  "c. " The board shall not grant a stay in
			 any case in which the district court would be expressly prohibited by statute
			 from granting a stay.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.28 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.29 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergency action.
To the
			 extent necessary to prevent or avoid immediate danger to the public health,
			 safety, or welfare, and consistent with the Constitution and other provisions
			 of law, the board may issue a written order in compliance with Iowa Code
			 section
			 17A.18A
			 to suspend a license in whole or in part, order the cessation of any continuing
			 activity, order affirmative action, or take other action within the
			 jurisdiction of the board by emergency adjudicative order. Before issuing an
			 emergency adjudicative order, the board shall consider factors including, but
			 not limited to, the following:
a. Whether
			 there has been a sufficient factual investigation to ensure that the board is
			 proceeding on the basis of reliable information;
b. Whether the specific circumstances which
			 pose immediate danger to the public health, safety or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the board is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.30 - Appeal of License Denial

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant may appeal a preliminary notice of denial of
				license by filing a written notice of appeal and request for hearing with the
				board within 30 days of the date that the preliminary notice of denial of
				license was mailed by the board. The hearing shall be a contested case and
				shall be conducted in accordance with this chapter.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.32 - Open Record

Current through Register Vol. 47, No. 3, July 24, 2024
The final decision of the board is an open record. The board
				shall report final decisions to the appropriate organizations, including but
				not limited to the National Practitioner Data Bank, the Federation of State
				Medical Boards and all media and other organizations that have filed a request
				for public information.
Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 26 - Reinstatement After Disciplinary Action › Rule 653-26.1 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose license has not been permanently suspended or
				revoked by the board may apply to the board for reinstatement in accordance
				with the terms and conditions of the order of revocation or suspension.
(1) If the order of revocation or suspension
			 did not establish terms and conditions upon which reinstatement might occur, or
			 if the license was voluntarily surrendered, an initial application for
			 reinstatement may not be made until one year has elapsed from the date of the
			 board order or the date of voluntary surrender.
(2) All proceedings for reinstatement shall
			 be initiated by the respondent, who shall file with the board an application
			 for the reinstatement of the respondent's license. Such application shall be
			 docketed in the original case in which the license was revoked, suspended, or
			 relinquished. All proceedings upon the petition for reinstatement shall be
			 subject to the same rules of procedure as other cases before the
			 board.
(3) An application for
			 reinstatement shall allege facts which, if established, will be sufficient to
			 enable the board to determine that the basis for the revocation or suspension
			 of the respondent's license no longer exists and that it will be in the public
			 interest for the license to be reinstated. The burden of proof to establish
			 such facts shall be on the respondent.
(4) At the board's discretion, the board and
			 the licensee may agree to enter into a reinstatement order by agreement, in
			 lieu of a formal reinstatement hearing before the board.
(5) A reinstatement order must be based upon
			 the affirmative vote of a quorum of the board. The reinstatement order is
			 public information pursuant to
			 653-25.32
			 (17A).
(6) A physician seeking
			 reinstatement under this rule whose license became inactive during the period
			 of suspension or revocation is also required to complete the reactivation
			 process set forth in
			 653-9.13
			 (147,148) or
			 653-9.14
			 (147,148).
This rule is intended to implement Iowa Code chapters 17A, 147,
				148, and 272C.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 1 - Administrative and Regulatory Authority › Rule 655-1.2 - Description and Organization of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Board composition.
The
			 board is composed of four registered nurses, two of whom are engaged in active
			 practice and two of whom are nurse educators from nursing education programs;
			 one licensed practical nurse actively engaged in practice; and two members who
			 represent the general public and are not registered nurses or licensed
			 practical nurses. Of those board members who are nurse educators, one should be
			 involved in higher education, and the other should be involved in area
			 community college and vocational-technical nurse education.
(2)
Board leadership and
			 committees.
The board shall annually select a chairperson and a vice
			 chairperson from its own membership. The election of chairperson and vice
			 chairperson, as well as standing committee assignments, shall be done during
			 the first regularly scheduled meeting after May 1.
(3)
Executive director.
The
			 board shall retain a full-time executive director who is responsible for the
			 administration of policies and programs of the board and for the operation of
			 the board office. Pursuant to Iowa Code section
			 135.11B,
			 the board shall advise the director of the department of public health in
			 evaluating potential candidates for the position of executive director, consult
			 with the director in the hiring of the executive director, and review and
			 advise the director on the performance of the executive director in the
			 discharge of the executive director's duties.
(4)
Board authority.
The
			 board's authority for regulating nursing education, nursing practice, and
			 continuing education for nurses in the state of Iowa is found in Iowa Code
			 chapters 147, 147A, 152, 152E, and 272C.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 1 - Administrative and Regulatory Authority › Rule 655-1.3 - Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
The responsibilities of the board include but are not limited
				to:
1. Licensing qualified applicants
			 for the practice of nursing by examination, endorsement, renewal, and compact
			 privilege pursuant to Iowa Code chapters 147, 152, 152E, and 272C.
2. Conducting investigations and imposing
			 discipline for violations of statutes or rules related to the practice of
			 nursing pursuant to Iowa Code chapters 147, 152, and 272C.
3. Approving nursing education programs
			 pursuant to Iowa Code section
			 152.5.
4. Collecting, analyzing, and disseminating
			 nursing workforce data pursuant to Iowa Code section
			 152.4.
5. Approving continuing education providers
			 to ensure continued competency of individuals licensed by the board to practice
			 nursing pursuant to Iowa Code chapter 272C.
6. Administering the Iowa nurse assistance
			 program to support the evaluation and monitoring of licensees who are impaired
			 as a result of any substance use or mental or physical condition pursuant to
			 Iowa Code section
			 272C.3.
7. Overseeing the nursing profession through
			 policymaking, rule making, and advocating for and against legislation pursuant
			 to Iowa Code section
			 135.11B.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 1 - Administrative and Regulatory Authority › Rule 655-1.4 - Submission of Requests, Obtaining Information, and Board Office

Current through Register Vol. 47, No. 3, July 24, 2024
Members of the general public may obtain information or submit
				requests or complaints relative to the licensure of nursing, practice of
				nursing, nursing education, continuing education, or any other matters relating
				to the function and authority of this board. Correspondence should be submitted
				to the executive director at the board office. The board office is located at:
				River Point Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa
				50309-4685.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 1 - Administrative and Regulatory Authority › Rule 655-1.5 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Quorum.
A majority of the members of the board constitutes a
			 quorum.
(2)
Meeting
			 schedule and public notice.
The board shall schedule and hold regular
			 meetings. The date, time, and location of each meeting of the board shall be
			 made available to the public on the board's website and upon request by
			 contacting the board office.
(3)
Special meetings.
Special meetings of the board may be called
			 by the chairperson or upon request of four board members to the chairperson or
			 the executive director.
(4)
Meeting materials.
Materials received at the board office at
			 least three weeks prior to a scheduled board meeting shall be placed on the
			 agenda. Materials from emergency or unusual circumstances may be added to the
			 agenda with the chairperson or executive director's approval.
(5)
Public observation and
			 comment.
The board shall provide a means for members of the public to
			 observe and, when appropriate, offer public comment during board meetings
			 unless the board votes to hold a closed session.
a. Anyone who has submitted materials for the
			 agenda or whose presence has been requested by the board shall be given the
			 opportunity to address the board.
b. At every regularly scheduled board
			 meeting, time will be designated for public comment. During the time on the
			 agenda for public comment, anyone may speak for up to two minutes per person.
			 Requests to speak at a later time for two minutes per person when a particular
			 topic comes before the board should be made at the time for public comment and
			 will be granted at the discretion of the chairperson. No more than ten minutes
			 will be allotted to public comment at any one time unless the chairperson
			 indicates otherwise.
c. One who has
			 not asked to address the board during the time for public comment may be
			 recognized by the chairperson upon request. Acknowledgment and an opportunity
			 to speak will be at the discretion of the chairperson.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 1 - Administrative and Regulatory Authority › Rule 655-1.6 - Communications

Current through Register Vol. 47, No. 3, July 24, 2024
The board may issue or disseminate communications as a means to
				provide information to licensees and the general public related to the mission
				and responsibilities of the board. Board communications may include, but are
				not limited to, publishing updates on its website, issuing a newsletter, and
				other written, audio, or video methods of communication.
Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 2 - Nursing Education Programs › Rule 655-2.2 - Programs Eligible for Board Approval

Current through Register Vol. 47, No. 3, July 24, 2024
Programs eligible for board approval shall include all of the
				following:
1. At least a
			 one-academic-year course of study or its equivalent in theory and practice as
			 described by the board that leads to a diploma in practical nursing and to
			 eligibility to apply for practical nurse licensure by examination as described
			 in 655-Chapter 3.
2. At least a
			 two-academic-year course of study or its equivalent in theory and practice as
			 described by the board that leads to a degree in nursing and to eligibility to
			 apply for registered nurse licensure by examination as described in 655-Chapter
			 3.
3. A course of study designed
			 for registered nurses that leads to a baccalaureate degree with a major in
			 nursing.
4. A course of study
			 designed for registered nurses that leads to a master's degree with a major in
			 nursing.
5. A course of study
			 designed for registered nurses who hold a master's degree in nursing that leads
			 to a certificate in advanced practice nursing and eligibility for licensure as
			 an advanced registered nurse practitioner as described in 655-Chapter 7. When
			 the certificate is in a population focus, the course of study shall lead to
			 eligibility to apply for certification in the population focus by a national
			 professional nursing organization recognized by the board.
6. A post-master's course of study that leads
			 to a doctoral degree with a major in nursing.
7. A course of study that leads to a
			 doctorate in nursing practice.