Z. Iqbal v. BPOA, State Board of Medicine

CourtCommonwealth Court of Pennsylvania
DecidedApril 18, 2022
Docket1190 C.D. 2020
StatusUnpublished

This text of Z. Iqbal v. BPOA, State Board of Medicine (Z. Iqbal v. BPOA, State Board of Medicine) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Z. Iqbal v. BPOA, State Board of Medicine, (Pa. Ct. App. 2022).

Opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Zafar Iqbal, : Petitioner : : v. : : Bureau of Professional and : Occupational Affairs, : State Board of Medicine, : No. 1190 C.D. 2020 Respondent : Submitted: February 4, 2022

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE LORI A. DUMAS, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY JUDGE FIZZANO CANNON FILED: April 18, 2022

Zafar Iqbal (Dr. Iqbal) petitions for review of the November 2, 2020, order of the State Board of Medicine (Board) revoking his license to practice medicine in Pennsylvania on the basis of multiple incidents of unwanted sexual advances toward nurses and medical support staff. The Board concluded that revocation is warranted because Dr. Iqbal’s conduct violated the prohibition on immoral and unprofessional conduct set forth in the Medical Practice Act of 19851 (MPA) and its associated regulations. Upon review, we affirm.

1 Act of December 20, 1985, P.L. 457, as amended, 63 P.S. §§ 422.1-422.53. I. Background and Procedural Posture Dr. Iqbal has been a licensed medical doctor in Pennsylvania since 1990 and specializes as a nephrologist. Hearing Officer’s Op., 7/17/20, at 5; Certified Record (C.R.) #23. In 2003, Dr. Iqbal lost his practice privileges at the Fresenius Dialysis Center after allegations of sexual harassment by several nurses. Id. at 9 & n.9. In 2012, after an incident involving unwanted sexual contact with a nurse when he was practicing at UPMC Passavant (UPMC), Dr. Iqbal received a warning but no formal discipline. Id. at 9 & n.10. On August 1, 2015, while still at UPMC, Dr. Iqbal made unwanted physical advances toward a nurse, M.S.,2 in an elevator, by kissing her and putting his tongue in her mouth; she reported it to her superiors the same day. Hearing Officer’s Op. at 5-7. After an investigation and internal proceedings, UPMC’s board of trustees revoked Dr. Iqbal’s hospital privileges as of March 17, 2016. Id. at 7-10. Then, on November 7, 2017, while working for Curahealth in Oakdale, Dr. Iqbal sexually assaulted a medical records clerk, K.F., who reported it to the police on November 9, 2017. Id. at 10-12. Dr. Iqbal was suspended from Curahealth and after a bench trial on November 20, 2018, he was convicted of one count of simple assault (a second-degree misdemeanor) and three counts of harassment (a third-degree misdemeanor);3 he was sentenced to five years of probation. Id. at 12-13. In November 2019, the Bureau of Professional and Occupational Affairs (Bureau) filed an Order to Show Cause (OTSC) against Dr. Iqbal, alleging that in association with the M.S. and K.F. incidents, he was being charged with seven counts of unprofessional and/or immoral conduct in violation of the MPA and its

2 For confidentiality purposes, the victims’ names are limited to their initials. 3 See 18 Pa.C.S. §§ 2701(a), 2709. 2 regulations. OTSC, 11/8/19, at 2-11; C.R. #1. The OTSC advised Dr. Iqbal that his state medical license could be revoked and he could be assessed civil fines of up to $10,000 per violation. Id. at 11-12. At hearings on February 26-27, 2020, two UPMC doctors testified about the 2012 incident. M.S. testified about the 2015 incident, as did two of her superiors, as well as two doctors involved in UPMC’s investigation, two police officers, and the professional conduct investigator who worked on M.S.’s report. K.F. testified as to the 2017 incident, as did the police officer and the professional conduct investigator who investigated it. The Bureau also presented an expert on medical ethics and conduct. Dr. Iqbal testified that the M.S. incident was not an unwanted advance. He had suggested to her that they speak privately about her personal “problems” after he finished with his patients. Notes of Testimony (N.T.), 2/27/20, at 433. They first went to a seating area on the fifth floor away from the nurses’ station, then to the elevator for more privacy. Id. at 436. She was upset and tearful and since they knew each other, he gave her a hug and a peck on the cheek. Id. at 437-39. In the elevator, they went up and down to various floors because they were confused, then when they returned to the fifth floor and were exiting the elevator, he gave her a hug, his lips accidentally brushed against hers, then they went in different directions. Id. at 441-42. He denied putting his tongue in her mouth or throat. Id. at 444 & 487. Dr. Iqbal acknowledged that when UPMC leadership asked if he kissed M.S., he said he had, even though it was accidental, because he wanted to be truthful, but he had not known the nature of the allegations against him when he admitted to kissing her. N.T., 2/27/20, at 443, 486 & 495. He acknowledged telling them that his actions towards M.S. were inappropriate. Id. at 485-86. Nevertheless, he

3 believes M.S. has lied about it being non-consensual. Id. at 561. He confirmed that he had been warned after the 2012 incident. Id. at 488-93. He also believed that better video of the incident existed and would have cleared him, but it was “obstructed” and never shown to the UPMC investigative panel. Id. at 558 & 564. With regard to K.F., Dr. Iqbal admitted that he kissed her and touched her breasts but stated that she consented and put his hand on her breasts. N.T., 2/27/20, at 445. He believed they were going to have an extramarital affair and that she wanted to go out and have a good time with him; he maintains that she is lying about the encounter being non-consensual. Id. at 446, 461 & 560. He acknowledges that he was convicted of charges arising from the incident, but criticized Detective Cokus, the investigating police officer, for having misled him about there being video of the K.F. incident and for tearing up his first written statement suggesting that the incident had been consensual. Id. at 453, 464, 483, & 558. Dr. Iqbal acknowledged that his practice privileges at Fresenius were revoked in 2003 after several allegations of sexual harassment by nurses. N.T., 2/27/20, at 468-69. He stated that he has had about 15 extramarital affairs, about half with women from his medical workplaces who were nurses or support staff. Id. at 471-76. He maintained that in the past, allegations of sexual harassment have been lodged against him after an affair soured. Id. at 552-53. Dr. Iqbal agreed that if he had acted in the way M.S. and K.F. alleged and the incidents had been non-consensual, it would have been improper in the hospital workplace setting. N.T., 2/27/20, at 500-01. He acknowledged that he had an opportunity for a further hearing before the UPMC Medical Committee, but refused to attend because he was not given video that he believes would have cleared him. Id. at 569-71.

4 The hearing officer credited M.S. and K.F. and described their testimony as consistent, credible, and corroborated: “More specifically, their body language, tears, as well as the tone and tenor of [their] voice[s] lent credibility to the veracity of their testimony.” Hearing Officer’s Op. at 17. The hearing officer also credited the Bureau’s additional witnesses and discredited Dr. Iqbal. Id. The hearing officer therefore concluded that Dr. Iqbal had violated the MPA’s prohibition on unprofessional and immoral conduct as to the M.S. and K.F. incidents. Id. at 18-28. Weighing the seriousness of Dr. Iqbal’s offenses with the lack of any “meaningful” mitigation evidence, the hearing officer concluded that Dr. Iqbal’s medical license should be revoked.4 Id. at 28-30 & Order. The Board adopted the hearing officer’s opinion in full. Board’s Op., 11/2/20; C.R. #30. Dr. Iqbal then petitioned this Court pro se for review.5

II. Parties’ Arguments Dr. Iqbal argues that the Board’s revocation of his medical license was arbitrary and capricious. Dr. Iqbal’s Br. at 3. He claims that M.S.

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