Iowa Admin. Code r. 645-4.15 - [Effective until 7/31/2024] Order for physical, mental, or clinical competency examination or alcohol or drug screening
A
(1)
Content of order. A
board order for a physical, mental, or clinical competency examination shall
include the following items:
a. A description
of the type of examination to which the licensee must submit.
b. The name and address of the examiner or of
the evaluation or treatment facility that the board has identified to perform
the examination on the licensee .
c.
The time period in which the licensee must schedule the required
examination.
d. The amount of time
the licensee has to complete the examination.
e. A requirement that the licensee sign
necessary releases for the board to communicate with the examiner or the
evaluation or treatment facility.
f. A requirement that the licensee cause a
report of the examination results to be provided to the board within a
specified period of time.
g. A
requirement that the licensee communicate with the board regarding the status
of the examination.
h. A concise
statement of the facts relied on by the board to order the
evaluation.
(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 sole discretion shall determine whether to grant
such a 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 in the name of Jane Doe or John Doe 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
272C6(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
272C6(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, or
clinical competency examination or to submit to alcohol or drug screening
constitutes a violation of the rules of the board and is grounds for
disciplinary action.
Notes
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