The Iowa Court of Appeals has overturned a 5th District Court ruling that took disciplinary action against an official at the University of Iowa Hospitals and Clinics.
According to an Iowa Board of Medicine news release, the Appeals Court reversed the decision made by the District Court against UI neuroadiologist Wendy Smoker. In January 2011, the board found that Smoker had excessively used alcohol, assessed her $5,000 civil penalty, and placed her on probation for five years, subject to monitoring. The Appeals Court said the board lacked substantial evidence to take action against Smoker.
The board charged Smoker, a diagnosed alcoholic, in June 2010 with excessive use of alcohol on two occasions in September 2009. The board felt her alcohol consumption could have impaired her ability to practice medicine with reasonable skill and safety, although there was no evidence she had consumed alcohol or was impaired while working.
In a meeting on April 26, the board recommended the Appeals Court decision to be reviewed by the Iowa Supreme Court.