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Case No. 18-1705

For summaries from opinions prior to August, 2018, view PDF versions here

Dawn Marie Leach
v.
Iowa Board of Nursing

Appellant

Dawn Marie Leach

Appellee

Iowa Board of Nursing

Attorneys for Appellant

David L. Brown and Tyler R. Smith

Attorneys for Appellee

Tessa Register, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1705
Date Published:
Aug 07, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and Tabor, JJ.  Opinion by Potterfield, P.J.  (8 pages)

            Nurse Dawn Leach appeals from the district court’s dismissal of her petition for judicial review challenging the Iowa Board of Nursing’s conclusion she violated the confidentiality or privacy rights of a patient and imposition of a citation and warning.  Leach maintains the district court erred in dismissing her petition for judicial review because the Board’s conclusion is based upon an irrational, illogical, or wholly unjustifiable application of law to fact that has clearly been vested by a provision of law in the discretion of the agency and is not supported by substantial evidence in the record before the court when that record is viewed as a whole.  OPINION HOLDS: We cannot say the Board’s determination is irrational, illogical, or wholly unjustifiable when it found purposefully accessing confidential patient information that is not needed to perform one’s job duties—without further action—constitutes a violation of patient confidentiality rights.  We affirm.

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