DeLouis v. Iowa Bd. of Med. (Summary)

BOARD OF MEDICINE

DeLouis v. Iowa Bd. of Med., No. 13-1623 (Iowa Ct. App. Aug. 27, 2014)

The Court of Appeals of Iowa affirmed a lower court’s dismissal of a physician’s request that the Iowa Board of Medicine rescind her Settlement Agreement, holding that the physician was on notice of the terms and conditions of the agreement and accepted them. Plaintiff, a physician, was accused of violating the prohibition on prescribing a controlled substance for a family member. The board presented the physician with a Statement of Charges and a Settlement Agreement, which explicitly stated that the physician “voluntarily waives any rights to a contested case hearing on the allegations contained in the Statement of Charges and waives any objections to the terms of this Order.”

The Board of Medicine, pursuant to federal law, reported the Settlement Agreement to the National Practitioner Data Bank (“NPDB”), after which the physician’s medical malpractice insurance carrier dropped her coverage. About 60 days later, the physician requested the Board of Medicine to rescind the Settlement Agreement and its report to the NPDB because she did not know that a report would be made to the NPDB and she did not understand the nature or the importance of the charges against her. The Board of Medicine denied the physician’s request, and the physician asked the lower court to review the Board of Medicine’s decision. The lower court held that the physician did not seek judicial review of the Settlement Agreement in a timely manner. The physician appealed.

The appellate court affirmed the lower court’s dismissal, holding that the Settlement Agreement was the final agency action in a contested case proceeding, so a petition for review should have been filed within 30 days of the agreement. The court relied on the fact that the Settlement Agreement explicitly stated that it was a “contested case proceeding.” Additionally, the court held that the NPDB report did not extend the deadline for a petition for judicial review because it was not an “other agency action.” The physician agreed to the terms of the Settlement Agreement and the Board’s rules provide that it will report final decisions to the NPDB.