Dr David Hartsuch, an emergency medicine physician and former Republican state senator, has successfully moved his lawsuit against the Iowa Board of Medicine and Iowa Board of Pharmacy to federal court.
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iowacapitaldispatch.comdesmoinesregister.comThe lawsuit arises from an investigation into his medical practices and alleges several serious claims, including retaliation for exercising his First Amendment right to free speech, abuse of process, and violations of due process rights.
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desmoinesregister.comyahoo.comHartsuch, who is known for advocating the use of ivermectin to treat COVID-19, claims that in December 2021, Kent Nebel, then executive director of the Board of Medicine, stated that 17 Iowa doctors faced complaints for spreading misinformation regarding COVID-19.
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iowacapitaldispatch.comShortly after, Hartsuch received a letter indicating he was under investigation for allegedly disseminating "COVID disinformation.".
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iowacapitaldispatch.comdesmoinesregister.comThe investigation was initiated after a patient of Hartsuch's reported that their pharmacist refused to fill a prescription for ivermectin, prompting the Board of Pharmacy to refer the case to the Board of Medicine.
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desmoinesregister.comThe Board of Medicine's inquiry focused on three primary allegations against Hartsuch: unprofessional conduct during an interaction with a Walgreens pharmacist, spreading misleading information about COVID-19 treatments, and prescribing drugs for off-label uses not sanctioned by the FDA.
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iowacapitaldispatch.comIvermectin is primarily used to treat infections caused by parasitic worms, and the National Institutes of Health (NIH) has advised against its use for COVID-19 outside of clinical trials.
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desmoinesregister.comIn October 2022, the Board of Medicine concluded its investigation, issuing a confidential warning letter reprimanding Hartsuch for unprofessional behavior.
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iowacapitaldispatch.comThe letter indicated that the board might revisit the investigation in the future.
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desmoinesregister.comTwo months later, Hartsuch filed an initial lawsuit against the licensing boards, seeking to have the warning letter expunged, citing that it instilled fear in him regarding communication with pharmacists.
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yahoo.comHowever, the district court found it lacked jurisdiction over the matter, stating that since the warning letter was rescinded, there was no further relief that could be granted.
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yahoo.comAfter appealing this decision, the Iowa Court of Appeals upheld the lower court's ruling in October 2025, prompting Hartsuch to file a new lawsuit.
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iowacapitaldispatch.comdesmoinesregister.comHis latest complaint argues that the Board of Medicine's actions have effectively blacklisted him and infringed upon his First Amendment rights to discuss public health issues, including scientific debates surrounding COVID-19.
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desmoinesregister.comThe Iowa attorney general's office has since filed a notice of removal, transferring the case to federal court based on the grounds that Hartsuch's claims arise under federal law.
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desmoinesregister.comyahoo.comHartsuch served in the Iowa Senate from 2007 to 2010 and had an unsuccessful bid for the US House in 2008.
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iowacapitaldispatch.comAs this case progresses in federal court, it underscores the intersection of medical practice, free speech, and regulatory oversight in the context of the ongoing COVID-19 pandemic.
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desmoinesregister.comyahoo.comThe outcome of this case may have broader implications for how medical professionals address controversial treatments and the extent to which licensing boards can act against practitioners based on public health debates.
