Court: Medical board charges should be public

The state medical board should make formal charges against Iowa physicians public, the Iowa Court of Appeals ruled last month.

The court said the Iowa Board of Medical Examiners was right for releasing charges of professional incompetence against Webster City general practitioner Eduardo Reveiz, MD.

In July 2005, the board filed a notice of hearing and statement of charges against Dr. Reveiz that included a brief statement of allegations of failing to diagnose and treat appropriately two cases of appendicitis and one of testicular torsion. Dr. Reveiz sued, saying allegations should have been confidential until after hearings.

A Polk County district judge ruled that details of the allegations were confidential but the notice of hearing and proposed press release were not. Both sides appealed.

In its May 9 ruling, the appeals court reversed part of the lower court's decision, saying the board should release a short and plain statement of allegations against doctors.

Iowa Medical Society Executive Director Ann Mowery, PhD, said the decision is in line with its policy position, which acknowledges that a short statement of charges against a physician is public under Iowa law. "In the end, [the medical society] came down on the side of enough information but not too much. It is a balancing act," said Jeanine Freeman, the society's senior vice president of legal affairs.

Mike Sellers, Dr. Reveiz's attorney, said allegations against a doctor should not be released until after a board hearing and decision.

"There are so many cases that are not legitimate and need to be flushed out," he said.

Ultimately, the board ordered the doctor to undergo a competency assessment and pay a disciplinary hearing fee. Sellers said Dr. Reveiz is retired and likely would not appeal.