Iowa Admin. Code r. 645-4.10 - Order for physical, mental, substance abuse or clinical competency examination
If the board has probable cause, a
(1)
Content of order. A
board order for a physical, mental, substance abuse or clinical competency
examination shall include the following items:
a. A description of the type of
examination.
b. The amount of time
the licensee has to complete the examination.
c. A statement indicating that the licensee
is to sign necessary releases for the board to communicate with the examiner of
the evaluation or treatment facility.
d. A statement that the licensee is to
communicate with the board regarding the status of the examination.
e. A statement that the licensee will have
the examiner provide the examination results directly to the board within a
specified period of time.
(2)
Alternatives. Following
issuance of the examination order, the licensee may request additional time to
schedule or complete the examination or may request that the board approve an
alternative examiner or treatment facility. The board in its discretion shall
determine whether to grant the request.
(3)
Objection to order. A
licensee who is the subject of a board order and who objects to the order may
file a request for hearing. The request for hearing must be filed within 30
days of the date of the examination order, and the request for hearing shall
specifically identify the factual and legal issues upon which the licensee
bases the objection. A licensee who fails to timely file a request for hearing
to object to an examination order waives any future objection to the
examination order in the event formal disciplinary charges are filed for
failure to comply with the examination order or on any other grounds. The
hearing shall be considered a contested case proceeding and shall be governed
by the provisions of 645-Chapter 11. On judicial review of a board decision in
a contested case involving an objection to an examination order, the case will
be captioned to maintain the licensee 's confidentiality.
(4)
Closed hearing. Any
hearing on an objection to the examination order shall be closed pursuant to
Iowa Code section 272C.6(1).
(5)
Order and reports
confidential. An examination order and any subsequent examination
reports issued in the course of a board investigation are confidential
investigative information pursuant to Iowa Code section
272C.6(4).
However, all investigative information regarding the examination order shall be
provided to the licensee in the event the licensee files an objection, under
subrule 4.15(3), in order to allow the licensee an opportunity to prepare for
hearing.
(6)
Admissibility. In the event the licensee submits to evaluation
and subsequent proceedings are held before the board, all objections shall be
waived as to the admissibility of the examining physicians' or health care
providers' testimony or examination reports on the grounds that they constitute
privileged communication. The medical testimony or examination reports shall
not be used against the licensee in any proceeding other than one relating to
licensee discipline by the board.
(7)
Failure to submit.
Failure of a licensee to submit to a board-ordered physical, mental, substance
abuse or clinical competency examination constitutes a violation of the rules
of the board and is grounds for disciplinary action.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.