Iowa court limits disclosure of allegations against doctors

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DES MOINES, Iowa (AP) – Iowa doctors accused of doing something dangerous or inappropriate may keep claims private until a regulator makes a final decision and issues a report under a state Supreme Court ruling on Friday.

In its unanimous decision, the court said the Iowa Board of Medicine should not have publicly disclosed information about a doctor under investigation, as was the agency’s standard. His decision will likely lead to changes in the way dozens of other commissions handle complaints.

“Read in its entirety, we do not think the law is ambiguous. Investigative information cannot be made public until a final decision in disciplinary proceedings is made, ”Judge Edward Mansfield wrote.

Iowa Freedom of Information Council executive director Randy Evans called the move disappointing and said he hoped the legislature would revise the law.

“These facts and circumstances require full and timely disclosure to patients and consumers so that they can make an informed choice of an attending physician,” he said.

The court ruled in the case of Dr. Domenico Calcaterra, a cardiothoracic surgeon who previously practiced in Iowa City but now practices in another state.

The Iowa Board of Medicine in 2013 reviewed allegations of disruptive behavior and unethical or unprofessional misconduct. The board sent out a press release containing information about the allegations, which Calcaterra has long denied.

Ultimately, he settled the complaint in 2014, with Calcaterra accepting a subpoena, warning and a civil fine of $ 5,000 without admitting to wrongdoing. The council detailed the settlement in another press release, which was posted on its website and repeated the allegations.

Calcaterra’s attorney, Trent Nelson, said Calcaterra suffered as a result of the charges and noted that “there was never a concern about our client’s competence or patient care.”

Calcaterra sought to have the information deleted in 2018, but the council refused, saying its administrative rules have long provided that statements of indictment are public records. In April 2020, a state court judge quashed the advice, finding that Iowa law clearly prohibits the release of investigative information before a regulatory council’s final written decision.

The law in question applies to more than 30 other licensing boards, including those that regulate nurses and pharmacists, dentists, pediatricians, psychologists, ophthalmologists, veterinarians and plumbers. The High Court ruling overturns decades-old policies on disclosure of information about professionals under investigation. The court said it doesn’t need to abide by long-standing rules if they conflict with a law.

Mansfield wrote that the court does not overlook the need for transparency in government and recognizes that the public may find it useful to have information about a professional when a complaint is made to a licensing board.

He said confidentiality allows those involved in an investigation to speak out freely.

“Additionally, a professional’s livelihood can be jeopardized if unproven allegations are exposed to the public on an official government website,” Mansfield wrote. “It is the role of the Legislature to balance these considerations, not ours.”

Lynn Hicks, spokesperson for the Iowa Attorney General’s Office who represented the Iowa Board of Medicine, said state attorneys “are evaluating the decision and will work with licensing boards to determine the next steps”.

Nelson, Calcaterra’s lawyer, said the ruling restores protections that have been overlooked by licensing boards for decades.

“This ends the practice of allowing councils to publish unverified and often inaccurate allegations before the licensee has even had a chance to defend themselves or see the evidence against them,” Nelson said. .

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