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IBM: Can the Iowa Board of Medicine deliberate in secret?

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death

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Don't shoot your eye out!Iowa Board of Medicine: Why can’t I read the IBM’s closed deliberations record?

It seems un-American that any governmental board could have meetings that are not open to the public. But they can and do and what they conclude in that meeting can have the effect of taking away your right to practice medicine. Think I’m wrong? Well, how about you follow the link below and read the IBM’s press release from September 27, 2012 and Judge Stovall’s decision. I’m not criticizing Judge Stoval or his well written opinion, but I am critical of a law that creates secret meetings. Yes, patient confidentiality is important, but with everyone hanging out their dirty laundry on the Internet I’m not sure there is a right to privacy that will survive. And with an income stream being at stake what weight should we give to a patient’s right to privacy when a governmental agency takes action against a physician’s right to practice medicine? Doesn’t the public have a right to know the facts? Should the doctor have an opportunity to provide input? I’ll bet right about now the doctors are pretty upset with this decision. I reckon we all would be.

We used to have lawyer legislators, but now we have farmer and political-ax-to-grind legislators. And this is what you get when those who aren’t schooled in the law, writing laws and studying law and respecting the law write and pass laws. When politicians go after Justices to pack the courts with jackpot justice judges we end up with a mess. So if you think this is bad just wait till they dump Wiggins, assuming they get the job done.

You get a hodge-podge of legal rules that end up looking like a row of corn planted by a tractor being driven by a lawyer. I think we’d better call Damien back into service for today’s photograph. Take it away Damien. “Watch out you’ll shoot your eye out!”

Today’s Article: Disciplined physician denied access to Board’s confidential deliberations

Read this latest article HERE.

Visit the Iowa Board of Medicine website at http://medicalboard.iowa.gov/

However, “the mere fact that investigative, prosecutorial, and adjudicative functions are combined within one agency does not give rise to a due process violation.”  Id.   Also, “[t]he law is fiercely protective of the deliberative process of multi-member bodies [such as the Board] in order to promote candid and uninhibited discussion which produces the give-and-take that is the hallmark of effective collective decision-making.” 

Lawyer’s Involved Include:

  • David L. Brown
  • Jay D. Grimes
  • Theresa M. Weeg
  • Julie J. Bussanmas

Category: General

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