Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.3 - Complaints, Investigations, and Board Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The board may,
			 upon receipt of a written or verbal complaint or upon its own motion pursuant
			 to other evidence received by the board, review and investigate alleged acts or
			 omissions that may violate the board's rules or that are related to the ethical
			 or professional conduct of a licensee.
(2)
Confidentiality of investigative
			 files.
Complaint files, investigation files, and all other
			 investigation reports and investigative information in the possession of the
			 board or its employees or agents that relate to licensee discipline shall be
			 confidential pursuant to Iowa Code section
			 272C.6(4).
(3)
Investigation of
			 allegations.
In order to determine if probable cause exists for a
			 disciplinary hearing, the board, the executive director, or someone designated
			 by the executive director shall cause an investigation to be made into the
			 allegations of the complaint. The licensee that is the subject of the complaint
			 shall be given a reasonable opportunity to present to the investigator a
			 position or defense respecting the allegations of the complaint prior to the
			 commencement of a contested case.
(4)
Investigatory subpoena
			 powers.
The board is authorized by law to subpoena books, papers,
			 records, and any other real evidence, whether or not privileged or confidential
			 under law, which are necessary for the board to decide whether to institute a
			 contested case proceeding. The issuance of investigative subpoenas is governed
			 by rule
			 657-36.4
			 (17A,147,152,272C).
(5)
Investigative report.
Upon completion of the investigation,
			 the investigator(s) shall prepare a report for the board's consideration. The
			 report may contain evidence gathered by the investigator, findings made by the
			 investigator, the licensee's response to the allegations, and the applicable
			 laws or rules alleged to have been violated.
(6)
Board consideration.
The
			 board shall review all investigations. Participation in the review of
			 investigative materials shall not bar any board member from participating in
			 any subsequent disciplinary proceeding.
a.
Board action.
After reviewing an investigation, the board may
			 institute a disciplinary proceeding by filing one or more statements of
			 charges, approve a combined statement of charges and settlement agreement, send
			 a confidential letter of education or administrative warning to the licensee,
			 request additional investigation, including peer review, refer the case to
			 another regulatory authority with jurisdiction over the issue, or close the
			 case without further investigation.
b.
Confidential action.
If
			 the board determines that formal disciplinary action is not warranted, the
			 board may send a confidential letter of education or administrative warning to
			 the licensee. The purpose of a confidential letter of education or
			 administrative warning is to alert the licensee to possible violations of Iowa
			 law or board rules so that the licensee may address the issues. Confidential
			 letters of education and administrative warnings do not constitute formal
			 disciplinary action and are not open for inspection under Iowa Code chapter 22.
			 The board shall maintain a copy of the confidential letter of education or
			 administrative warning in the confidential investigative file regarding the
			 licensee. Confidential letters of education and administrative warnings may be
			 used as evidence against a licensee in future administrative
			 hearings.