Disciplinary Actions against Harry Hargett, D.C.

Stephen Barrett, M.D.


In 2006, Harry W. Hargett, D.C., of Spirit Lake, Iowa entered an agreement (shown below) with the Iowa Board of Chiropractic stop practicing chiropractic to settle charges that he falsely portrayed himself as a medical doctor. In 2005, the Iowa Board charged him with including the initials "M.D." after his signature on documents at least twice. In one case, the board said, Hargett was signing a form for the Iowa Department of Human Services. In the other, he signed a prescription drug order for a muscle relaxant and delivered samples of the drug to a patient's home. The order form had "M.D." printed after the blank space for the doctor's name. Hargett got his Iowa license in 1974. In an interview, he said that (a) he'd attended a medical school in the Dominican Republic that had a program catering to chiropractors, podiatrists, and similar professionals who wanted to become medical doctors; (b) after finishing classes, he learned that the program had lost its international accreditation; and (c) he would move to Arizona, where he was still licensed. However, in response to the Iowa action, his Arizona license was revoked in 2007; and Florida, which also had licensed him, placed him on probation in 2007 and revoked his license for noncompliance in 2010. In January 2014, the Iowa board cleared him for reinstatement, which means he can resume practice in Iowa if he files an appropriate application.


BEFORE THE BOARD OF CHIROPRACTIC EXAMINERS
FOR THE STATE OF IOWA


IN THE MATTER OF:

HARRY W. HARGETT, D.C.,

RESPONDENT

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CASE NO. 03-005 and 03-018

STATEMENT OF CHARGES


COMES NOW the Iowa Board of Chiropractic Examiners (Board) on this 12th day of October, 2005, and files this Statement of Charges against Respondent, Harry Hargett, D.C., alleging:

1. The Board has jurisdiction of this matter pursuant to Iowa Code chapters 17A, 147, 151, and 272C (2005).

2. Respondent was issued license number 022-04342 to practice chiropractic in the State of Iowa on May 20, 1974. His license is current through June 30, 2006.

3. Respondent's current address as reported to the Board is 1525 – 18th St., Spirit Lake, Iowa 51360.

COUNT I

Respondent is charged pursuant to Iowa Code section 151.9(3) (2003) and 645 IAC 45.2(3) with making untrue statements in the practice of chiropractic, when he held himself out on at least two occasions as an “M.D.”

COUNT II

Respondent is charged pursuant to Iowa Code sections 147.107, 155A.3(11), (13), (28), (30), and (31), and 155A.4 (2003), and 645 IAC 45.2(4), with practicing outside the scope of chiropractic when he, on at least one occasion, wrote a prescription for a drug, and on at least one occasion dispensed samples of that drug to that patient.

CIRCUMSTANCES

1) On April 1, 2003, Respondent signed a document for the Iowa Department of Human Services as “Harry Hargett, D.C., M.D.”

2) Respondent does not hold a medical degree, nor does he hold a license to practice as a M.D. in this or any other state.

3) On February 14, 2003, Respondent wrote a patient a prescription drug order for Carisoprodol/Soma, a drug as defined by law, and signed that prescription “Harry Hargett, DC.” Respondent wrote his signature on a blank line that was followed with the printed inscription, “M.D.”

4) On February 15, 2003, Respondent delivered samples of Carisoprodol/Soma to that patient at his home.

5) Chiropractors in the state of Iowa do not have authority to write prescription drug orders for, or dispense, drugs.

On October 12, 2005, the Iowa Board of Chiropractic Examiners found probable cause to file this Statement of Charges and to order a hearing set in this case.

This Statement of Charges is approved by the board on October 12, 2005.



BEFORE THE BOARD OF CHIROPRACTIC EXAMINERS
FOR THE STATE OF IOWA


IN THE MATTER OF:

HARRY W. HARGETT, D.C.,

RESPONDENT

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CASE NOS. 03-005 and 03-018

SETTLEMENT AGREEMENT
AND FINAL ORDER


COMES NOW the Iowa Board of Chiropractic Examiners (Board), and Harry Hargett, D.C. (Respondent), on _January 25th, 2006, pursuant to Iowa Code
sections 17A.10(2) and 272C.3(4), and enter into this Settlement Agreement and Final Order to resolve the contested case currently on file.

1. Respondent was issued license number 022-04342 on May 20, 1974. His license is current through June 30, 2006.

2. A Statement of Charges was filed against Respondent on October 12, 2005, and is awaiting hearing.

3. The Board has jurisdiction over the parties and subject matter.

4. Respondent is hereby CITED for the above acts, and is hereby WARNED that his failure in the future to comply with the laws governing the practice of chiropractic in Iowa could result in further discipline against his Iowa chiropractic license, including suspension or revocation.

5. Respondent agrees to place his license on inactive status within thirty (30) days of the date of this Order, and agrees not to practice chiropractic in Iowa after that date. He agrees that before returning to the practice of chiropractic in the state of Iowa, he will file an application for reinstatement of his license. The reinstatement proceedings shall be governed by the provisions of 645 IAC 11.31. Reinstatement is at the sole discretion of the Board.

6. Respondent shall be assessed a civil penalty in the amount of $1,000. However, Respondent shall not be required to pay the civil penalty unless he files an application for reinstatement of his Iowa license. The civil penalty shall be made payable to the Treasurer of Iowa, mailed to the administrator of the Board, and deposited into the State General Fund.

7. In the event Respondent violates or fails to comply with any of the terms or conditions of this Settlement Agreement and Final Order, the Board may initiate action to suspend or revoke Respondent’s Iowa chiropractic license or to impose other license discipline as authorized by law.

8. This Settlement Agreement and Final Order constitutes the resolution of a contested case proceeding.

9. By entering into this Settlement Agreement and Final Order, Respondent voluntarily waives any rights to a contested case hearing on the allegations contained in the Statement of Charges, and waives any objections to the terms of this Settlement Agreement.

10. This Settlement Agreement and Final Order is voluntarily submitted by Respondent to the Board for consideration.

11. This Settlement Agreement and Final Order is subject to approval of the Board. If the Board fails to approve this Settlement Agreement and Final Order, it shall be of no force or effect to either party.

12. The Board’s approval of this Settlement Agreement and Final Order shall constitute a Final Order of the Board.

This Settlement Agreement and Final Order is approved by the Board on January 25, 2006.


This page was revised on May 11, 2014.

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