Please visit my author page at amazon.com
Domenico Calcaterra v. Iowa Board of Medicine. IA physician discipline, confidentiality
Iowa Code 272C.6(4)(a) provides that investigative information in connection with a professional's disciplinary proceeding is confidential and may not be disclosed except in certain situations. It also provides that the final decision and findings of fact is a public record.
A physician was investigated by the board for alleged unprofessional conduct. The case was ultimately settled, with no formal findings. However, the board issued a press release when the charges were filed, and another press release when the case was settled. Those press releases remained on the board's website after the 2013 disposition of the case. Believing that these were interfering with his professional prospects, he requested a declaratory ruling from the board as to whether this was allowed, and the board held that it was.
He appealed to the District Court, Polk County, which disagreed with the board, and held that these press releases were not allowed by the statute. The board appealed, and the case was heard by the Iowa Supreme Court.
The high court held that the statute's provisions mean what they say, and that they tightly circumscribe the Board’s ability to disclose investigative information. Public disclosure is not allowed, other than in a 'final written decision and finding of fact.'"
The board argued that policy considerations favored making the information public, citing concerns regarding openness in government. However, the court concluded that these policy arguments were properly made to the legislature, and not the courts.
No. 20-1429 (Iowa Oct. 22, 2021)
Please see the original opinion for the court's exact language.
Advertisement:
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
For more information about attorney Clem, please visit
his website.
For more information about his
low-cost CLE programs, please visit his CLE page.
Return to index of 2021 case
summaries
Copyright 2021, Richard P. Clem.
Attorney Richard P. Clem is responsible for the content of this page.
Richard P. Clem, Attorney
PO Box 14957
Minneapolis, MN 55414
USA
Phone: +1-612-378-7751
e-mail: clem.law@usa.net
Minnesota Attorney Registration Number 0192648
Please visit my author page at amazon.com