Butt v. Iowa Bd. of Med. (Summary)

MEDICAL LICENSURE ACTIONS

Butt v. Iowa Bd. of Med., No. 12-1118 (Iowa Ct. App. June 12, 2013)

The Court of Appeals of Iowa affirmed in part and reversed in part a state medical board’s conclusion that a cardiologist engaged in unprofessional behavior by engaging in a pattern of sexual harassment, holding that the record supported the board’s findings.  The board had testimony from nurses and telephone records that supported the claims that the cardiologist had made numerous unwanted telephone calls to a nurse’s cell phone, made threatening comments to a second nurse, and made offensive comments in a joking manner to a third staff member.  However, the court held that the application of the rule prohibiting unprofessional and unethical conduct was unconstitutionally vague in connection with certain of the allegations against the physician.  The court noted that the medical board’s charge against the physician had been that he had made numerous “harassing” phone calls; however, at the end of his hearing, the board concluded that he had made numerous “unwanted” phone calls to the nurse.  According to the court, an unwanted telephone call was too subjective of a standard because it could only be “determined by the ears of the recipient,” and in this case, the physician claimed the calls were made to apologize to the nurse, not to threaten her.  The court could determine no reasonable interpretation of unwanted telephone call that would give a physician fair warning that such conduct was prohibited.  Other portions of the medical board’s holding were upheld and, as such, the case was remanded to the state medical board to determine a more appropriate disciplinary action.