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Case No. 18-0353

Mark B. Irland, M.D.
v.
Iowa Board of Medicine

Mark Irland, M.D., seeks further review of a court of appeals opinion that affirmed the dismissal of his petition for judicial review. The court of appeals found that because nothing the Iowa Board of Medicine “advised” has resulted in Board action, Irland has not been adversely affected by a final agency action. Accordingly, it held the district court did not err in concluding it was without authority to review the Confidential Letter of Warning.

County:
Polk
Trial Court Case No.:
CVCV055524

Applicant

Mark B. Irland, M.D.

Resister

Iowa Board of Medicine

Attorneys for the Applicant

David L. Brown
Tyler Richard Smith

Attorney for the Resister

Anagha Dixit

Supreme Court

Oral Argument Schedule

15-15-5

Jan 23, 2020 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-0353
Date Published:
Feb 14, 2020
Date Amended:
Apr 13, 2020

Court of Appeals

Court of Appeals Opinion

Date Published:
Mar 06, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            Mark Irland, M.D., appeals from the dismissal of his petition for judicial review, contending the district court erred in concluding it was without authority to review the Confidential Letter of Warning issued to him by the Iowa Board of Medicine.  OPINION HOLDS: Because nothing the Board “advised” has resulted in Board action, Irland has not been adversely affected by a final agency action.  The district court did not err in concluding it was without authority to review the Confidential Letter of Warning.  We affirm.

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