Kirk M. Smith v. Iowa Board of Medical Examiners

Summary

The Supreme Court of Iowa held that the alleged dissemination by the Iowa Board of Medical Examiners of a physician-license denial constituted other agency action rather than a contested case, making the physician's petition for judicial review timely. The court affirmed the district court's order requiring the Board to cease dissemination because the Board failed to provide an adequate appellate record for review of the public-record and dissemination issues.

Holdings

1. If the Board disseminated the November 16, 2001, license denial as alleged, that dissemination was other agency action rather than a contested case proceeding because no statute or constitutional provision required a hearing before the alleged dissemination.
2. The court affirmed the order requiring the Board to cease dissemination because the Board failed to provide an adequate appellate record permitting review of whether the dissemination was authorized.

Questions Presented

1. Whether the alleged dissemination of the Board's prehearing denial of Smith's resident physician license constituted other agency action rather than a contested case for purposes of determining the time to seek judicial review.
2. Whether the Board was entitled to disseminate the November 16, 2001, denial as a public record.

Disposition

affirmed