Former Lawmaker's Lawsuit Against Licensing Boards Escalates to Federal Court

Apr 11, 2026, 2:27 AM

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Dr David Hartsuch, an emergency medicine physician and former Republican state senator from Iowa, has moved his lawsuit against the Iowa Board of Medicine and the Iowa Board of Pharmacy to federal court. The lawsuit alleges retaliation for Hartsuch’s exercise of his First Amendment rights, along with claims of abuse of process and violations of due process.

Hartsuch, known for advocating the use of ivermectin as a treatment for COVID-19, contends that he faced unjust scrutiny after he was informed of complaints against him for allegedly spreading misinformation about COVID-19. In December 2021, Kent Nebel, then the executive director of the Iowa Board of Medicine, indicated to Hartsuch that several doctors, including him, were under investigation due to complaints related to their COVID-19 treatment practices.

The investigation by the Board of Medicine focused on three primary allegations against Hartsuch: unprofessional conduct when dealing with a pharmacist, dissemination of misleading information regarding COVID-19, and the prescription of drugs for off-label uses not sanctioned by the FDA. Ivermectin is typically used to treat infections caused by parasitic worms, and the National Institutes of Health (NIH) has stated that it should not be used to treat COVID-19 outside of clinical trials.

In October 2022, the Board of Medicine concluded its investigation and issued a confidential warning letter to Hartsuch, reprimanding him for his conduct towards a pharmacist but noting the possibility of future examinations of the case. Following this, Hartsuch filed his initial lawsuit, seeking to have the warning letter expunged, claiming that it instilled a fear of communicating with pharmacists in the future.

However, the state district court found it lacked jurisdiction over the matter, deeming the board's actions as merely a warning that had been rescinded. Hartsuch's appeal was subsequently upheld by the Iowa Court of Appeals in October 2025, which paved the way for his current lawsuit that argues the board's actions were unreasonable and destroyed his professional livelihood.

The new legal action claims that the Board of Medicine has effectively "blacklisted" him and infringed upon his First Amendment rights by restricting his ability to engage in discussions about public health issues and medical opinions related to COVID-19. This shift to federal court follows the Iowa attorney general's office filing a notice of removal, indicating that Hartsuch's claims pertain to federal law.

Hartsuch served in the Iowa Senate from 2007 to 2010 and previously ran for a US House seat in 2008. His case has drawn attention not only for its implications on medical practice and regulation but also for the ongoing debate surrounding the use of ivermectin in the treatment of COVID-19, amidst a backdrop of increasing scrutiny on medical professionals addressing the pandemic.

As the case unfolds in federal court, it highlights the complex intersection of medical regulation, free speech rights, and the evolving landscape of COVID-19 treatment protocols. Hartsuch's situation raises significant questions regarding the boundaries of medical practice and the rights of healthcare providers to express their professional opinions in the public domain.

The outcome of this lawsuit could have lasting ramifications for medical professionals navigating similar controversies in the future, illustrating the ongoing tensions between regulatory bodies and the medical community during a public health crisis.

Former Lawmaker's Lawsuit Against Licensing Boards Transferred to Federal Court

Dr David Hartsuch, a former state senator and physician, has moved his lawsuit against the Iowa Board of Medicine and Board of Pharmacy to federal court. He alleges violations of his First Amendment rights and retaliatory actions related to his medical practices, particularly his promotion of ivermectin as a COVID-19 treatment.

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