Former State Senator and Emergency Room Doctor Shifts from Compelling Iowa Courts to Provide Judicial Review Over Agencies' Actions to Suing for Damages
For the second time, a former state senator and physician is suing two state licensing boards over an investigation into his practices related to COVID-19.
Dr. David Hartsuch, an emergency medicine physician and former Republican state senator, is currently suing the Iowa Board of Medicine and Iowa Board of Pharmacy. He is alleging retaliation for his exercise of his First Amendment right to free speech, abuse of process, interference with his professional practice, selective enforcement, and violations of his due-process rights.
Hartsuch, a proponent of using ivermectin to treat COVID-19, alleges that in December 2021, Kent Nebel, then the executive director of the Board of Medicine, indicated that 17 Iowa doctors had complaints filed against them for spreading false or misleading information about COVID-19.
A few weeks later, the first lawsuit claims, Hartsuch received a letter from the board indicating he was under investigation for complaints alleging the “spreading of COVID disinformation.”
According to state records, the Board of Pharmacy had referred the matter to the Board of Medicine after a patient of Hartsuch’s complained that his pharmacist refused to fill the physician’s prescription for ivermectin in the treatment of COVID-19. At the time, Hartsuch worked for MercyOne Hospital in Mason City.
Court records show the Board of Medicine’s investigation of Hartsuch focused on three allegations: that he had acted in an unprofessional manner when dealing with a Walgreen’s pharmacist; that he spread misleading information about COVID-19 and its treatment; and that he was prescribing drugs for off-label uses not approved by the FDA to treat COVID-19.
Ivermectin is used in humans to treat infections caused by parasitic worms. The National Institutes of Health (NIH) COVID-19 Treatment Guidelines Panel recommends ivermectin not be used for treating COVID-19 outside of clinical trials.
[Publisher's note: The original source cited above, citing the NIH ivermectin recommendation adverse to Hartsuch's assertions, links to a 2021 “news” post at the “GNR Public Health” website for an Iowa “Health District 3-4, serving Gwinnett, Newton and Rockdale counties, (which) has three county Boards of Health.” The page's sourcing about such 2021 NIH recommendation links to an FDA.gov web page that reads “Page Not Found.”
It is worth noting that in June 2022 doctors Apter, Bowden and Marik, sued the FDA (RCReader.com/y/apter) alleging “The FDA Misled the Public About Ivermectin and Should Be Accountable in Court” as the Association of American Physicians and Surgeons reported in February 2023 (RCReader.com/y/aaps). According to the Food and Drug Law Institute, the final decision on the Apters v FDA case, “does not discuss whether patients should in fact use ivermectin as a COVID treatment, nor whether FDA is owed deference in a matter of scientific opinion. The apparent holding of Apter is that an ultra vires action is unlawful, pure and simple.” Ultra vires meaning beyond the legal power or authority of a person or body.]
First Lawsuit Followed Warning Letter
In October 2022, the Board of Medicine wrapped up its investigation of Hartsuch and sent a confidential warning letter to Hartsuch reprimanding him for raising his voice to the pharmacist, while indicating it might reexamine the matter at some point in the future.
Two months later, Hartsuch initiated the first of his two lawsuits against the two state licensing boards, asking a judge to order the Board of Medicine to expunge its warning letter.
In his lawsuit, Hartsuch claimed the warning letter placed him “in fear of communicating with any pharmacist at all.” He also alleged that only with court intervention would he be able to explain to prospective employers that the gap in his work history was attributable entirely to “a rogue Board of Medicine operating outside of their jurisdiction.”
In a series of rulings, the district court found that it lacked jurisdiction over the matter, noting that the board’s action against Hartsuch was “merely a warning letter” that was eventually rescinded, meaning there was no further relief the court could grant.
Hartsuch appealed, but in October 2025, the Iowa Court of Appeals upheld the district court’s ruling, setting the stage for Hartsuch’s newest lawsuit alleging the board’s actions were unreasonable, violated his rights, and destroyed his livelihood.
Second Lawsuit Claims First Amendment Retaliation
In his second lawsuit, filed last week in Polk County District Court, Hartsuch claims the Board of Medicine, by keeping him under investigation for over one year, forced him to disclose the investigation to any new, prospective employers.
The lawsuit alleges that by keeping its investigation open, the board also prevented Hartsuch from obtaining the malpractice insurance he needed to continue practicing medicine.
As part of the lawsuit, Hartsuch claims Board of Medicine rules require that investigations be conducted and resolved within a reasonable time, and that the board knew or should have known that its delays would prevent Hartsuch from working as an ER physician.
Hartsuch claims he has “professional knowledge and expertise regarding matters of public health and medical treatment, including issues relating to COVID-19,” and that as a state-licensed physician, he is “qualified to speak on COVID-19.”
The lawsuit alleges the Board of Medicine “effectively blacklisted” him through its actions and infringed on his First Amendment right to comment on “matters of public concern, including medical opinions, scientific debate, and public health issues relating to COVID-19.”
While the lawsuit names the Board of Pharmacy as a co-defendant in the case, the only allegation against the board is that the Board of Medicine’s investigation of Hartsuch was “based on the Board of Pharmacy’s allegation that (Hartsuch) was spreading misinformation about COVID-19.”
The two state licensing boards have yet to file a response to the lawsuit. The Iowa attorney general’s office indicated it does not comment on pending litigation.
Hartsuch served as a state senator from Bettendorf from 2007-2010 and ran unsuccessfully for U.S. House in 2008.
This article originally appeared online February 26, 2026, at IowaCapitalDispatch.com/2026/02/26/doctor-says-state-boards-destroyed-his-livelihood-and-had-him-blacklisted.
Author and deputy editor Clark Kauffman has worked during the past 30 years as both an investigative reporter and editorial writer at two of Iowa’s largest newspapers: the Des Moines Register and the Quad-City Times.
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