Looking in at Iowa

From Tulsa World:

A Tulsa doctor who is accused of molesting a female relative was accused several times of inappropriate sexual contact during his residency program in Missouri, reports show. …

[Kirk Michael] Smith, 35, was arrested Saturday on suspicion of lewd molestation of a minor and forcible sodomy. …

In November 2001, the Iowa Board of Medical Examiners denied Smith’s application for a license, citing allegations of inappropriate contact with female patients during a little more than a year at a residency program in Kansas City, Mo. …

Smith was later accepted into the University of Iowa’s residency program, and Iowa’s medical board granted Smith a restricted license in April 2002. The board said he should always be accompanied by a chaperone while treating female patients and should continue seeing a psychiatrist. …

More from Gazette archives:

March 6, 2002 Iowa City Gazette

Coralville doctor denied Iowa license after alleged misdoings

DES MOINES – A doctor has been denied an Iowa license following allegations that he performed inappropriate gynecological exams on four patients during an out-of-state residency.

Kirk Smith, 29, of Coralville, is appealing the decision by the Iowa Board of Medical Examiners. His lawyer, Michael Sellers, said the board has received only “thirdhand hearsay” evidence about what happened.

According to the board, while Smith was a resident in Kansas City, a woman accused him of improperly examining her. Administrators there ordered Smith to have a chaperone when performing such exams, the board said, but he continued to do them alone, and three more women also complained about improper exams. Smith took a medical leave of absence from the program to deal with psychiatric issues, board documents say.

Sellers said Smith is awaiting a hearing before the board. Sellers said Smith was accepted into a training program at University Hospitals in Iowa City, but he can’t participate without a resident license.

May 19, 2002 Iowa City Gazette

Suspended doctors granted Iowa licenses

DES MOINES – A doctor accused of performing inappropriate exams on women patients in Missouri has been granted permission by regulators to get a license to practice in Iowa.

The Iowa Board of Medical Examiners concluded that Dr. Kirk Smith’s problems were caused by a psychiatric condition he has under control.

Smith, 29, was suspended from a Kansas City residency-training program in November 2000 after four women accused him of improperly touching them or examining them.

He was diagnosed with an obsessive-compulsive disorder and given medication to control it.

Two psychiatrists have said Smith can safely return to practicing medicine.

Smith earned his medical degree at the University of Iowa, but the Board of Medical Examiners turned down his application for a residency license, citing his problems in Missouri.

After Smith applied again for a license, the board decided in April to grant Smith approval but said that he must have a chaperon present when he examines female patients and that he must continue psychiatric treatment.

November 22, 2004 Gazette

Ruling may delay word of medical accusations
Court: Information can’t be made public until final decision

DES MOINES – A court ruling last week could mean that Iowans will have to wait months to find out whether their doctors have been accused of wrongdoing.

Polk County District Judge Joel Novak ruled Wednesday that the Iowa Board of Medical Examiners must stop publicly disclosing information related to a physician’s disciplinary case until a final decision is made.

Legal experts are trying to sort out whether Novak’s ruling will cause lengthy delays in the time it will take for patients and others to learn of allegations against Iowa doctors, nurses and other medical professionals.

The board frequently does not file final disciplinary orders for a year or more.

Novak’s ruling came in the case of Dr. Kirk M. Smith, who was denied an Iowa license three years ago because of allegations he improperly touched women while in an out-of-state training program.

The license denial was made public. So was the medical board’s subsequent decision to issue a license, with several restrictions, after it decided Smith had received adequate treatment
for psychiatric problems.

April 7, 2007 Gazette

Supreme Court rules on negligence case

Also Friday, the [Iowa Supreme Court] upheld a district court decision ordering the Board of Medical Examiners to cease dissemination of the board’s denial of a physician’s license.

The board appealed a Polk County District Court decision in the case of Dr. Kirk M. Smith, who was accepted into the University of Iowa’s family practice residency program as a transfer student from the University of Missouri.

Smith initially was denied an Iowa physician license, which was granted after an appeal.

While granting his license, the board denied Smith’s request that the board rescind its notice to the National Practitioner’s Data Bank regarding the earlier license denial.

Instead, the board indicated an entry was to be added to the Data Bank explaining that the license application was granted after an appeal hearing. The district court ordered such a disclosure must stop. …