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IN THE SUPREME COURT OF IOWA
No. 09 / 04-1535 Filed June 22, 2007 JOHN DOE, Appellant, vs. IOWA BOARD OF MEDICAL EXAMINERS, Appellee.

Appeal from the Iowa District Court for Polk County, Artis I. Reis, Judge.

Petitioner appeals the district court's ruling on judicial review affirming the board's disclosure of confidential information. AFFIRMED.

Michael A. Dee and Rebecca A. Brommel of Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, and Theresa O'Connell Weeg and Heather L. Adams, Assistant Attorneys General, for appellee.

2 LARSON, Justice. John Doe appeals the district court's ruling on judicial review affirming the Iowa Board of Medical Examiners' disclosure of complaints pending investigation to the Massachusetts Board of Registration in Medicine upon Doe's application for a medical license in Massachusetts. Doe contends Iowa Code section 272C.6(4) (1999) does not permit such disclosure. On appeal, we affirm the ruling of the district court. I. Facts and Prior Proceedings. John Doe was licensed by the Iowa Board of Medical Examiners (board) to practice medicine in Iowa in 1979 and did so until December 2000, when he relocated to Massachusetts. Prior to his relocation, Doe applied for a license to practice medicine in Massachusetts. The

Massachusetts Board of Registration in Medicine (Massachusetts board) denied Doe's application to practice medicine. This denial was based, at least in part, on the existence of three complaints pending investigation by the board that the board disclosed to the Massachusetts board on its request. In May 2001, Doe filed a complaint with the Iowa State Appeal Board, alleging the board unlawfully disclosed confidential information to the Massachusetts board. The State Appeal Board denied Doe's claim. In April 2004, Doe filed a petition for judicial review, alleging his substantial rights had been prejudiced by the board's disclosure of confidential information. After a hearing, the district court affirmed the State Appeal Board's denial of Doe's claim, concluding section 272C.6(4) permits the disclosure of complaints pending investigation to other states' medical licensing authorities. Prior to the hearing, the district court allowed Doe to amend his petition for judicial review to add claims for damages and attorney fees, concluding that such claims are permissible under Iowa Code section

3 17A.19(10). The board filed an application for appeal in advance of final judgment to determine whether the district court has the authority under Iowa Code section 17A.19(10) to allow a claim for monetary damages to be included in a petition for judicial review. The application was granted, and that issue has been consolidated with Doe's appeal. Doe also filed a petition at law against the State of Iowa, contending the State violated section 272C.6(4) by disclosing confidential information to the Massachusetts board. The district court dismissed Doe's petition,

concluding that section 272C.6(4) does not provide a private cause of action for violation of the statute. Doe appealed, and that appeal is also before us as case No. 04-1349. II. Standard of Review. We review agency action for correction of errors at law. Harvey's Casino v. Isenhour, 724 N.W.2d 705, 706 (Iowa 2006). We apply the

standards set forth in the Administrative Procedure Act, Iowa Code ch. 17A, to determine whether our conclusions are the same as those of the district court. Univ. of Iowa Hosps. & Clinics v. Waters, 674 N.W.2d 92, 95 (Iowa 2004). "Pursuant to Iowa Code section 17A.19(10), a court must reverse agency action when any one of several enumerated circumstances exists and `substantial rights of the person seeking judicial relief have been prejudiced' as a result." Mosher v. Dep't of Inspections & Appeals, 671 N.W.2d 501, 508 (Iowa 2003) (quoting Iowa Code

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