Iowa Admin. Code r. 657-36.9

Current through Register Vol. 47, No. 6, September 18, 2024
Rule 657-36.9 - Order for mental or physical examination

A licensee is, as a condition of licensure, 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 licensee.

(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 licensee must submit.
b. The name and address of the examiner or treatment facility that the board has identified as having the potential to perform the examination.
c. The time period in which the licensee must schedule the required examination.
d. The amount of time in which the licensee is required to complete the examination.
e. A requirement that the licensee cause a report of the examination results to be provided to the board within a specified period of time.
f. A requirement that the licensee communicate with the board regarding the status of the examination.
g. A provision allowing the licensee 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 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 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 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).

Iowa Admin. Code r. 657-36.9

Amended by IAB September 27, 2017/Volume XL, Number 7, effective 11/1/2017