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PROFESSION

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, amednews staff. Jan. 31, 2005.

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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.

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