Iowa board seeks ruling on question of public charges

The medical board said a case against one doctor could affect what is disclosed about physicians.

By Damon Adams, AMNews staff. Jan. 31, 2005.

The Iowa Board of Medical Examiners wants the Iowa Supreme Court to resolve a dispute over when to publicly disclose allegations against a physician.

The medical board last month appealed the ruling of Polk County District Judge Joel D. Novak ordering the board to stop disclosing information related to a physician's case until its final disposition.

The case involves Kirk M. Smith, MD, who applied to the board for an Iowa medical license in July 2001, court records show. Without a hearing, the board denied Dr. Smith's request for a license, citing concerns about allegations that he had touched patients improperly while in a residency program in Missouri, records said.

Michael Sellers, Dr. Smith's attorney, said the allegations were unsubstantiated.

Dr. Smith then requested a hearing, which the board granted. After the hearing, the board issued Dr. Smith a restricted license. He asked the board to remove the pre-hearing denial of his license from its Web site, but the board refused.

Sellers said Dr. Smith now works in a residency program, but he declined to say where.

In November 2004, Judge Novak ruled that only information from a final decision by the board should be made public.

"That's the point where it just makes sense for the public to be notified," said Sellers.