Iowa doctor wants access to Board of Medicine's investigative files • Iowa Capital Dispatch

An Iowa physician is taking the state’s Board of Medicine to court in an effort to gain access to its investigative files on him.

Dr. Hamza Alsayouf of Des Moines is suing the Iowa Board of Medicine in Polk County District Court, alleging it is in violation of state law by refusing to turn over all of its information on him.

Alsayouf alleges that on Feb. 29, 2024, the board staff sent him an “inquiry about certain criminal allegations which allegedly occurred in a foreign country.” Alsayouf says he has advised the board that he does not know anything about the alleged criminal matters, and that he has asked the board to turn over its investigative file on him “so he may knowledgeably respond” to the inquiry.

According to the lawsuit, the executive director of the Board of Medicine has denied the request for the investigative file, which has prompted Alsayouf to seek judicial review of that decision.

In court filings, Alsayouf acknowledges that should the board decide to file charges against him, the investigative file would be made available to him in its entirety.

The lawsuit alleges the board’s refusal to grant access to the information prevents Alsayouf from “meaningfully participating” in the investigative process. Alsayouf is asking the court to order the board to “turn over the entire investigative file on this matter” and block the board from “pursuing any additional action or filing any statement of charges” in the case until the issue of access is decided.

Iowa’s licensing boards shut off access to information on charges

In a brief filed with the court, Alsayouf’s attorney, Mike Sellers, stated the board has asked Alsayouf to narrow his request to only the information that is necessary for him to respond to the board’s inquiries. However, Sellers argues, “Alsayouf cannot ask for something he does not know exists. The best Dr. Alsayouf can do is to request, ‘Show me what you’ve got.’”

Sellers also takes issue with the board’s position that it can release some information from the investigative file but isn’t obligated to disclose everything in that file unless charges are filed.

“By restricting what information the licensee has,“ Sellers has told the court, “the board allots just enough rope to hang oneself while claiming that because they asked for a licensee’s input that he meaningfully participated in the investigative process.”

In its response to the petition for judicial review, the board argues that “releasing the investigative file prior to discipline could have a chilling effect on the process and the board’s ability to conduct meaningful investigations into complaints against licensees.”

A court hearing on the matter is scheduled for Sept. 19.