Calcaterra v. Iowa Board of MedicineAnnotate this Case
The Supreme Court affirmed the order of the district court reversing the Iowa Board of Medicine declaratory order interpreting Iowa Code 272C.6(4)(a) as allowing the Board to publish statements of charges and press releases containing investigative information, holding that the district court did not err.
The Board filed a statement of charges against Dr. Domenico Calcaterra accusing him of a "pattern of disruptive behavior and/or unethical or unprofessional conduct" and published the statement of charges against Dr. Calcaterra, along with a press release, on the Board's website. Several years after the parties reached a settlement, information about the allegations against Dr. Calcaterra remained available on the Board's website. Dr. Calcaterra filed a petition for declaratory order with the Board challenging that Board's ongoing dissemination of investigative information. The Board denied the challenge. The district court set aside the Board's order, holding that section 272.6(4)(a) prohibited the disclosure of the investigative information. The Supreme Court affirmed, holding that the Board incorrectly interpreted section 272C.6(4)(a) and that investigative information cannot be released to the public in a statement of charges or a press release when there has been no underlying final decision in the disciplinary proceeding.