sued both the Iowa Board of Medicine and Iowa Board of Pharmacy

A physician and former state senator’s lawsuit against two licensing boards over an investigation into his practices has been moved to federal court.

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 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.

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.

In October 2022, the Board of Medicine wrapped up its investigation of Hartsuch and sent him a confidential warning letter 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, which he said had placed him “in fear of communicating with any pharmacist at all.”

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.

The lawsuit alleges the Board of Medicine has “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.”

Recently, the Iowa attorney general’s office filed a notice of removal in the case, transferring it to federal court on the grounds that Hartsuch’s claims arise under the laws of the federal government.

Hartsuch served as a state senator from Bettendorf from 2007-2010 and ran unsuccessfully for U.S. House in 2008.