2009 Iowa Code
Title 7 - Education and Cultural Affairs
Subtitle 5 - Educational Development and Professional Regulation
CHAPTER 272C - REGULATION OF LICENSED PROFESSIONS AND OCCUPATIONS
272C.3 - AUTHORITY OF LICENSING BOARDS.

        272C.3  AUTHORITY OF LICENSING BOARDS.
         1.  Notwithstanding any other provision of this chapter, each
      licensing board shall have the powers to:
         a.  Administer and enforce the laws and administrative rules
      provided for in this chapter and any other statute to which the
      licensing board is subject.
         b.  Adopt and enforce administrative rules which provide for
      the partial re-examination of the professional licensing examinations
      given by each licensing board.
         c.  Review or investigate, or both, upon written complaint or
      upon its own motion pursuant to other evidence received by the board,
      alleged acts or omissions which the board reasonably believes
      constitute cause under applicable law or administrative rule for
      licensee discipline.
         d.  Determine in any case whether an investigation, or further
      investigation, or a disciplinary proceeding is warranted.
      Notwithstanding the provisions of chapter 17A, a determination by a
      licensing board that an investigation is not warranted or that an
      investigation should be closed without initiating a disciplinary
      proceeding is not subject to judicial review pursuant to section
      17A.19.
         e.  Initiate and prosecute disciplinary proceedings.
         f.  Impose licensee discipline.
         g.  Petition the district court for enforcement of its
      authority with respect to licensees or with respect to other persons
      violating the laws which the board is charged with administering.
         h.  Register or establish and register peer review committees.

         i.  Refer to a registered peer review committee for
      investigation, review, and report to the board, any complaint or
      other evidence of an act or omission which the board reasonably
      believes to constitute cause for licensee discipline.  However, the
      referral of any matter shall not relieve the board of any of its
      duties and shall not divest the board of any authority or
      jurisdiction.
         j.  Determine and administer the renewal of licenses for
      periods not exceeding three years.
         k.  Establish a licensee review committee for the purpose of
      evaluating and monitoring licensees who are impaired as a result of
      alcohol or drug abuse, dependency, or addiction, or by any mental or
      physical disorder or disability, and who self-report the impairment
      to the committee, or who are referred by the board to the committee.
      Members of the committee shall receive actual expenses for the
      performance of their duties and shall be eligible to receive per diem
      compensation pursuant to section 7E.6.  The board shall adopt rules
      for the establishment and administration of the committee, including
      but not limited to establishment of the criteria for eligibility for
      referral to the committee and the grounds for disciplinary action for
      noncompliance with committee decisions.  Information in the
      possession of the board or the licensee review committee, under this
      paragraph, shall be subject to the confidentiality requirements of
      section 272C.6.  Referral of a licensee by the board to a licensee
      review committee shall not relieve the board of any duties of the
      board and shall not divest the board of any authority or jurisdiction
      otherwise provided.  A licensee who violates section 272C.10 or the
      rules of the board while under review by the licensee review
      committee shall be referred to the board for appropriate action.
         2.  Each licensing board may impose one or more of the following
      as licensee discipline:
         a.  Revoke a license, or suspend a license either until
      further order of the board or for a specified period, upon any of the
      grounds specified in section 100D.5, 105.22, 147.55, 148.6, 148B.7,
      152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10, 542B.21, 543B.29,
      544A.13, 544B.15, or 602.3203 or chapter 151 or 155, as applicable,
      or upon any other grounds specifically provided for in this chapter
      for revocation of the license of a licensee subject to the
      jurisdiction of that board, or upon failure of the licensee to comply
      with a decision of the board imposing licensee discipline.
         b.  Revoke, or suspend either until further order of the board
      or for a specified period, the privilege of a licensee to engage in
      one or more specified procedures, methods, or acts incident to the
      practice of the profession, if pursuant to hearing or stipulated or
      agreed settlement the board finds that because of a lack of education
      or experience, or because of negligence, or careless acts or
      omissions, or because of one or more intentional acts or omissions,
      the licensee has demonstrated a lack of qualifications which are
      necessary to assure the residents of this state a high standard of
      professional and occupational care.
         c.  Impose a period of probation under specified conditions,
      whether or not in conjunction with other sanctions.
         d.  Require additional professional education or training, or
      re-examination, or any combination, as a condition precedent to the
      reinstatement of a license or of any privilege incident thereto, or
      as a condition precedent to the termination of any suspension.
         e.  Impose civil penalties by rule, if the rule specifies
      which offenses or acts are subject to civil penalties.  The amount of
      civil penalty shall be in the discretion of the board, but shall not
      exceed one thousand dollars.  Failure to comply with the imposition
      of a civil penalty may be grounds for further license discipline.
         f.  Issue a citation and warning respecting licensee behavior
      which is subject to the imposition of other sanctions by the board.
         3.  The powers conferred by this section upon a licensing board
      shall be in addition to powers specified elsewhere in the Code.  The
      powers of any other person specified elsewhere in the Code shall not
      limit the powers of a licensing board conferred by this section, nor
      shall the powers of such other person be deemed limited by the
      provisions of this section.
         4. a.  Nothing contained in this section shall be construed to
      prohibit informal stipulation and settlement by a board and a
      licensee of any matter involving licensee discipline.  However,
      licensee discipline shall not be agreed to or imposed except pursuant
      to a written decision which specifies the sanction and which is
      entered by the board and filed.
         b.  All health care boards shall file written decisions which
      specify the sanction entered by the board with the Iowa department of
      public health which shall be available to the public upon request.
      All non-health care boards shall have on file the written and
      specified decisions and sanctions entered by the board and shall be
      available to the public upon request.  

         Section History: Early Form

         [C79, 81, § 258A.3] 

         Section History: Recent Form

         83 Acts, ch 186, § 10064, 10201; 84 Acts, ch 1056, § 1; 84 Acts,
      ch 1067, § 27; 86 Acts, ch 1245, § 1880; 90 Acts, ch 1086, § 16
         C93, § 272C.3
         95 Acts, ch 72, § 1; 2000 Acts, ch 1008, §10; 2001 Acts, ch 16,
      §2, 37; 2001 Acts, ch 55, §26, 38; 2002 Acts, ch 1108, §26; 2002
      Acts, ch 1119, §149; 2003 Acts, ch 78, §6; 2004 Acts, ch 1110, §2;
      2004 Acts, ch 1176, §13; 2007 Acts, ch 198, §32; 2008 Acts, ch 1089,
      §10, 12; 2008 Acts, ch 1094, §15, 18; 2009 Acts, ch 41, §263
         Referred to in § 147.106, 148.6, 153.34, 155A.18, 169.20, 272C.4,
      272C.6, 543B.48, 543D.17
         Civil penalty for real estate brokers and salespersons, see
      §543B.48