A pharmacist, pharmacist-intern, pharmacy technician, or
pharmacy support person who is licensed or registered by the board is, as a
condition of licensure or registration, under a duty to submit to a mental or
physical examination within a time period specified by order of the board. Such
examination may be ordered upon a showing of probable cause and shall be at the
expense of the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy
support person.
(1)
Content of
order. A
board order for mental or physical examination shall include
the following items:
a. A description of the
type of examination to which the pharmacist, pharmacist-intern, pharmacy
technician, or pharmacy support person must submit.
b. The name and address of the examiner or
treatment facility that the board has identified to perform the examination on
the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy support
person.
c. The time period in which
the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy support
person must schedule the required examination.
d. The amount of time in which the
pharmacist, pharmacist-intern, pharmacy technician, or pharmacy support person
is required to complete the examination.
e. A requirement that the pharmacist,
pharmacist-intern, pharmacy technician, or pharmacy support person cause a
report of the examination results to be provided to the board within a
specified period of time.
f. A
requirement that the pharmacist, pharmacist-intern, pharmacy technician, or
pharmacy support person communicate with the board regarding the status of the
examination.
g. A provision
allowing the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy
support person to request additional time to schedule or complete the
examination or to request that the board approve an alternative examiner or
treatment facility. The board shall, in its sole discretion, determine whether
to grant such a request.
(2)
Objection to order. A
licensee or registrant who is the subject of a board order and who objects to
the order may file a request for hearing. The request for hearing shall
specifically identify the factual and legal issues upon which the licensee or
registrant bases the objection. The hearing shall be considered a contested
case proceeding and shall be governed by the provisions of 657-Chapter 35. A
contested case involving an objection to an examination order will be captioned
in the name of Jane or John Doe in order to maintain the licensee's or
registrant's confidentiality.
(3)
Closed hearing. Any hearing on an objection to the board order
shall be closed pursuant to Iowa Code section
272C.6(4).
(4)
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).
