Prepared by the Iowa Health Freedom Coalition
www.iowahealthfreedom.org
The problem confronting Iowans is that the administrative rules of the Board of Medical Examiners makes
diagnosing or treating ANY disease, pain, injury, deformity or condition a violation of the law if a person does
not hold a valid Iowa license.

The key sentence is: "The practice of medicine and surgery" shall mean holding one's self out as being
able to diagnose,treat, operate or prescribe for any human disease, pain, injury, deformity or physical or
mental condition and who shall either offer or undertake, by any means or methods, to diagnose, treat,
operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition.

The complete rule follows…


lAC 12/27/00                                   Medical Examiners[653]                                         Ch I, p.1
            CHAPTER I
ADMINISTRATIVE AND REGULATORY AUTHORITY
[Prior to 5/4/88, see 47(}-135.1 to 135.10]
653-1.1(17 A,147) Definitions. The following definitions shall be applicable to the rules of the board of
medical examiners:
"Acupuncture" shall mean a form of health care developed from traditional and modem oriental medical
concepts that employs oriental medical diagnosis and treatment, and adjunctive therapies and diagnostic
techniques, for the promotion, maintenance, and restoration of health and the prevention of disease.
"Acupuncturist" shall mean a person licensed to practice acupuncture in this state.
"Board" shall mean the board of medical examiners of the state of Iowa.
"Department" shall mean the Iowa department of public health.
"Director" shall mean the director of the department.
"Disciplinary proceeding" shall mean any proceeding under the authority of the board pursuant to which
licensee discipline may be imposed.
"License" shall mean a certificate issued to a person licensed to practice medicine and surgery, osteopathic
medicine and surgery or osteopathy, or acupuncture under the laws of the state of Iowa.
"Licensee" shall mean a person licensed to practice medicine and surgery, osteopathic medicine and
surgery or osteopathy, or acupuncture under the laws of the state of Iowa.
"Licensee discipline" or "discipline" shall mean any sanction the board may impose upon its licensees for
conduct which threatens or denies citizens of this state a high standard of professional care.
"Malpractice" shall mean any error or omission, unreasonable lack of skill, or failure to maintain a
reasonable standard of care by a physician in the practice of the physician's profession.
"Medical practice Acts" shall refer to Iowa Code chapters 147, 148, 150 and 150A.
"Order" shall mean a requirement, procedure or standard of specific or limited application adopted by the
board relating to any matter the board is authorized to act upon, including the professional conduct of
licensees and the examination for licensure and licensure of any person under the laws of this state.
"Peer review" shall mean evaluation of professional services rendered by a professional practitioner.
"Peer reviewer(s) " shall mean one or more persons acting in a peer review capacity who have been
appointed by the board for such purpose.
"Physician" shall mean a person licensed to practice medicine and surgery, osteopathic medicine and
surgery or osteopathy under the laws of this state.
"Practice of acupuncture" means the insertion of acupuncture needles and the application of moxibustion to
specific areas of the human body based upon oriental medical diagnosis as a primary mode of therapy.
Adjunctive therapies within the scope of acupuncture may include manual, mechanical,thermal, electrical,
and electromagnetic treatment, and the recommendation of dietary guidelines and therapeutic exercise
based on traditional oriental medical concepts.
"The practice of medicine and surgery" shall mean holding one's self out as being able to diagnose,treat,
operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition and who
shall either offer or undertake, by any means or methods, to diagnose, treat, operate or prescribe for any
human disease, pain, injury, deformity or physical or mental condition. This rule shall not apply to licensed
podiatrists, chiropractors, physical therapists, nurses, dentists, optometrists,acupuncturists, pharmacists,
and other licensed health professionals who are exclusively engaged in the practice of their respective
professions.

Ch 1, p.2 Medical Examiners[653] lAC 12/27/00

"Prescription drugs" means drugs, medicine and controlled substances which by law can only be prescribed
for human use by persons authorized by law.
"Profession" shall mean medicine and surgery, osteopathic medicine and surgery or osteopathy, or
acupuncture.
"Respondent" shall mean a licensee charged by the board in a complaint and statement of charges with
violations of statutes or rules relating to the practice of medicine and surgery, osteopathic medicine and
surgery or osteopathy, or acupuncuture.
"Rule" shall mean a regulation, requirement, procedure, or standard of general application prescribed by the
board relating to either the administration or enforcement of Iowa Code chapters 147, 148, 148E, 150 and
150A.
653-1.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa
Code chapters 68B, 147, 148, 148E, 150, 150A, 252J, 261 and 272C with regard to the practice of medicine
and surgery, osteopathic medicine and surgery, osteopathy, and acupuncture, including, but not limited to,
the examination of applicants; determining the eligibility of applicants for licensure by examination or
endorsement; the granting of permanent, temporary, resident or special licenses to physicians; determining
the ineligibility of physicians to provide supervision to physician assistants; the investigation of violations or
alleged violations of statutes and rules relating to the practice of medicine and surgery, osteopathic medicine
and surgery, osteopathy, and acupuncture; and the imposition of discipline upon licensees as provided by
statute or rule.
653-1.3(17A) Organization of board. The board:
1.3(1) Makes policy relative to matters involving medical and acupuncture education, licensure,practice, and
discipline.
1.3(2) Conducts business according to board-approved policy.
1.3(3) Elects a chairperson, vice chairperson and a secretary from its membership at the last regular board
meeting prior to May 1 or at another date in April scheduled by the board.
1.3(4) A majority of the members of the board shall constitute a quorum. Official action requires a majority
vote of membefS present.
1.3(5) Has the authority to:
a. Administer the statutes and rules relating to the practice of medicine and surgery, osteopathic medicine
and surgery, osteopathy, and the practice of acupuncture by acupuncturists.
b. Review or investigate, upon receipt of a complaint or upon its own initiation, based upon information or
evidence received, alleged violations of statutes or rules which relate to the practice of medicine and surgery,
osteopathic medicine and surgery, osteopathy, and the practice of acupuncture by licensed acupuncturists.
c. Determine in any case whether an investigation or a disciplinary action is warranted.
d. Initiate and prosecute disciplinary proceedings.
e. Impose licensee discipline.
f Request that the attorney general file appropriate court action for enforcement of the board's authority
relating to licensees or other persons who are charged with violating statutes or rules the board administers
or enforces.
g. Establish and register peer reviewers.
h. Refer to one or more registered peer reviewers for investigation, review, and report to the board any
complaint or other evidence of an act or omission which the board has reasonable grounds to believe may
constitute cause for licensee discipline. However, the referral of any matter shall not relieve the board of any
of its duties and shall not divest the board of any authority or jurisdiction.
ADMINISTRATIVE RULE