Summary Suspension for Steven Michael Morris - Michigan

7. On April 15, 2014, Midland County Sheriff's Deputies (deputies) received a report of a traffic accident causing property damage. At the scene, depu...

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STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF PROFESSIONAL LICENSING

BOARD OF MEDICINE

DISCIPLINARY SUBCOMMITTEE

In the Matter of STEVEN MICHAEL MORRIS, M.D. License No. 43-01-059941, Respondent.

File No. 43-17-147991

ORDER OF SUMMARY SUSPENSION The Department filed an Administrative Complaint against Respondent, as provided by the Public Health Code, MCL 333.1101 et seq; the rules promulgated under the Code; and the Administrative Procedures Act, MCL 24.201 et seq. After careful consideration, and after consultation with the Chairperson of the Board of Medicine, pursuant to MCL 333.16233(5), the Department finds that the public health, safety, or welfare requires emergency action. Therefore, IT IS ORDERED that Respondent's license to practice medicine in the state of Michigan is SUMMARILY SUSPENDED, commencing the date this Order is served. MCL 333.7311 (6) provides that a controlled substance license is automatically void if a licensee's license to practice is suspended or revoked under Article 15 of the Code. Under Mich Admin Code, R 792.10702, Respondent may petition for the dissolution of this Order by filing a document clearly titled Petition for Dissolution of Summary Suspension with the Department of Licensing and Regulatory Affairs, Bureau of Professional Licensing, P.O. Box 30670, Lansing, Ml 48909. MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

Dated:

, 2017 B

Kim Gaede e, Director Bureau of Professional Licensing

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF PROFESSIONAL LICENSING

BOARD OF MEDICINE

DISCIPLINARY SUBCOMMITTEE

In the Matter of STEVEN MICHAEL MORRIS, M.D. License No. 43-01-059941, Respondent.

File No. 43-17-147991

ADMINISTRATIVE COMPLAINT

The Michigan Department of Licensing and Regulatory Affairs, by Kim Gaedeke, Director, Bureau of Professional Licensing, complains against Respondent as follows:

1.

The Michigan Board of Medicine is an administrative agency

established by the Public Health Code, MCL 333.1101 et seq.

Pursuant to MCL

333.16226, the Board's Disciplinary Subcommittee is empowered to discipline persons for violations of the Public Health Code.

2.

Respondent is currently licensed to practice medicine in the state of

Michigan and holds a controlled substance license.

3.

MCL 333.16233(5) provides, in pertinent part, as follows:

After consultation with the chair of the appropriate board or task force or his or her designee, the department may summarily suspend a license or registration if the public health, safety, or welfare requires emergency action in accordance with section Administrative Complaint File No. 43-17-147991

Page 1of8

92 of the administrative procedures act of 1969, MCL 24.292.

4.

MCL 333.16106a(c) defines substance abuse as a "substance use

disorder as defined in section 100d of the mental health code, 1974 PA 258, MCL 330.11 OOd."

5.

MCL 330.1100d(11) defines substance use disorder as a "chronic

disorder in which repeated use of alcohol, drugs, or both, results in significant and adverse consequences. Substance use disorder includes substance abuse."

6.

MCL 330.1100d(10) defines substance abuse as: ... the taking of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof.

7.

On April 15, 2014, Midland County Sheriff's Deputies (deputies)

received a report of a traffic accident causing property damage. At the scene, deputies discovered a 2012 Porsche registered to Respondent in a ditch on top of a mailbox. A witness reported that Respondent's vehicle missed a turn in the road and went into a field. Respondent then tried to drive his vehicle back onto the roadway, hit a mailbox, and abandoned the vehicle. The witness stated that Respondent appeared highly intoxicated. Respondent fled the scene of the accident before the deputies arrived. Deputies made contact with Respondent at his home, and noticed Respondent swayed when he walked, Administrative Complaint File No. 43-17-147991

Page 2 of 8

smelled of alcohol, and had slurred speech. Respondent refused to submit to a preliminary breath test (PBT), and the deputies obtained a warrant for a blood draw, which showed Respondent's blood alcohol content (BAC) at over 0.30. Respondent was transported to the hospital due to the high BAC.

8.

On July 8, 2014, in the 75th District Court in Midland, Michigan,

Respondent was convicted of Operating While Intoxicated, a misdemeanor not punishable by imprisonment for a maximum term of two years, in case number 14-0621­ 001-SD. Respondent was sentenced to serve 93 days in jail (93 days suspended), followed by 12 months' probation, with terms, and ordered to pay fines and costs. A copy of the conviction documents, marked Exhibit A, is attached and incorporated.

9.

On September 3, 2016, deputies received a report of a traffic

accident, and the driver walking away from the area of the crash. At the scene, the deputies found Respondent's 2012 Porsche in a ditch adjacent to the roadway with damage to the vehicle. Witnesses at the scene told the deputies Respondent was staggering and asked the witnesses for a ride home. The deputies made contact with Respondent at his home. Respondent failed to successfully complete the requested field sobriety tasks, and his PBT showed a BAC of 0.27. After his arrest, Respondent submitted to a chemical breath test, which showed a BAC of 0.28 and 0.29.

10.

On January 31, 2017, in the in the 75th District Court in Midland,

Michigan, Respondent was convicted of Operating While Intoxicated - Second Offense, a misdemeanor not punishable by imprisonment for a maximum term of two years, in

Administrative Complaint File No. 43-17-147991

Page 3 of 8

case number 16-1471-D01-SD. Respondent was sentenced to serve 365 days in jail (360 suspended), followed by 12 months' probation, with terms, and ordered to pay fines and costs. A copy of the conviction documents, marked Exhibit B, is attached and incorporated.

11.

Respondent failed to notify the Department of the above convictions

within 30 days after the date of each conviction.

12.

On April 20, 2017, Respondent self-reported to the Health

Professional Recovery Program due to his September 3, 2016, alcohol related driving offense.

13.

On April 27, 2017, Respondent completed an intake interview with

HPRP and was directed to undergo an evaluation.

14.

On May 25, 2017, Respondent underwent an evaluation and was

diagnosed with Alcohol Use Disorder with Alcohol Abuse, Episodic. The evaluator recommended an intensive outpatient treatment program (IOP) followed by treatment monitoring.

15.

On June 30, 2017, HPRP was notified that Respondent, while

working in the operating room, became ill and had to leave abruptly. Respondent left the facility before he could undergo alcohol screening or drug testing.

Administrative Complaint File No. 43-17-147991

Page 4 of 8

16.

On July 5, 2017, Respondent entered into an Initial Monitoring

Agreement with HPRP, whereby Respondent agreed to enter into an IOP and have his treatment monitored by HPRP.

17.

On July 12, 2017, Respondent was allowed to return to work with

approval of HPRP and oversite of a worksite monitor.

18.

On July 19, 2017, HPRP was notified that Respondent was arrested

on July 17, 2017, for violating his probation due to another alcohol related driving offense.

19.

On August 25, 2017, HPRP was informed that Respondent was in

residential treatment from July 17 through August 18. Respondent was ordered to complete inpatient treatment by his probation officer due to two relapses in June 2017, and is facing a second probation violation.

20.

On August 29, 2017, HPRP was informed by Respondent's IOP that

he never entered in an IOP. During the IOP intake, Respondent minimized his history of drinking and stated that he had not imbibed alcohol since September 2016 and was in counseling for over a year. Due to Respondent's self-reported use date of September 3, 2016, he failed to meet the requirements for the IOP.

21.

Also on August 29, 2017, HPRP decided to close Respondent's case

non-compliant due to his failure to inform HPRP of his inpatient treatment, failure to maintain contact with HPRP after being denied admission to the IOP, continuing to work after relapse, and an arrest. HPRP subsequently forwarded the matter to the Department.

Administrative Complaint File No. 43-17-147991

Page 5 of 8

COUNT I

Respondent's conduct, as set forth above, evidences a violation of general duty, consisting of negligence or failure to exercise due care, including negligent delegation to or supervision of employees or other individuals, whether or not injury results, or any conduct, practice, or condition that impairs, or may impair, the ability to safely and skillfully engage in the practice of the health profession, in violation of MCL 333.16221(a).

COUNT II

Respondent's conduct, as set forth above, evidences a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for the health profession, whether or not actual injury to an individual occurs, in violation of MCL 333.16221 (b)(i).

COUNT Ill

Respondent's conduct, as set forth above, evidences a substance use disorder, in violation of MCL 333.16221 (b)(ii).

COUNT IV

Respondent's conduct, as set forth above, evidences a mental or physical inability reasonably related to and adversely affecting Respondent's ability to practice in a safe and competent manner, in violation of MCL 333.16221 (b)(iii). Administrative Complaint File No. 43-17-147991

Page 6 of 8

COUNTV

Respondent's convictions, as set forth above, constitute convictions of misdemeanors that are reasonably related to or that adversely affect the Respondent's ability to practice in a safe and competent manner, in violation of MCL 333.16621(b)(ix).

COUNT VI

Respondent's conduct, as set forth above, evidences a failure to notify the Department of a criminal conviction within 30 days after the date of the conviction, as required by MCL 333.16222(3), in violation of MCL 333.16221(f).

This Complaint is based upon files and records maintained by the Department and the attached Affidavit of Terri Schrauben.

RESPONDENT IS NOTIFIED that, after consultation with the chairperson of the Board, or his or her designee, and pursuant to MCL 333.16233(5), the Department states that the public health, safety, or welfare requires emergency action, and, accordingly, Respondent's license to practice medicine in the state of Michigan is summarily suspended, pending a hearing and final determination of this matter.

RESPONDENT

IS

FURTHER

NOTIFIED

that,

pursuant to

MCL

333.16231(8), Respondent has 30 days from the date of receipt of this Complaint to answer this Complaint in writing and to show compliance with all lawful requirements for

Administrative Complaint

File No. 43-17-147991

Page 7 of 8

licensure. Respondent shall submit the response to the Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, P.O. Box 30670, Lansing, Ml 48909.

Respondent's failure to submit an answer within 30 days is an admission of the allegations in this Complaint. If Respondent fails to answer, the Department shall transmit this Complaint directly to the Board's Disciplinary Subcommittee to impose a sanction, pursuant to MCL 333.16231(9).

u_4....,~~Q-V __,

Dated:_ _

2017

~~ ill1Gaedeke, Director Bureau of Professional Licensing

Attachments ck

Administrative Complaint File No. 43-17-147991

Page 8 of 8

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STATE OF MICHIGAN 75TH JUDICIAL DISTRICT ORI560025J PIN: 14-002521

CASE NO: 14-0621 DOl SD X-REFERENCE #: 14-002521 STATUS: CLSD 04/27/15

REGISTER OF ACTIONS

J(JDGE OF RECORD: CARPENTER,MICHAEL D JUDGE: CARPENTER,MICHAEL D

P-49909 P-49909

STATE OF MICHIGAN v

DOB: SEX: M RACE: U VEH YR: 2012 VEH MAKE: PORS DEFENSE ATTORNEY ADDRESS WILSON, JOHN M. , 1108 ASHMAN ST MIDLAND MI 48640 OFFICER: STALEY/B

CTN: 561400068201 TCN: N414135691E SID: 4846829X ENTRY DATE: 04/17/14 OFFENSE DATE: 04ililtl4 1014 PM VEHICLE TYPE: PA VPN:

DLN: CDL: U PAPER PLATE:

VIN:

BAR NO. P-46116 Telephone No. (989) 631-2000 DEPT: 156

PROSECUTOR: DUSO,ATEA BIANCA,

VICTIM/DESC·:

ACTION TYPE CHECK 4/17/14 10% DEPOSIT 3RD PTY DEPOSITOR; SAME/SD 9/16/14 BND APPLIED 25073

AMOUNT 100.00

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COUNT 2 C/M/F: M 257621 FAILURE TO REPORT ACCIDENT TO FIXTURES PLEA DATE: 07/08/14 ARRAIGNMENT DATE: 04/16/14 PLEA: PLEAD GUILTY FINDINGS: DSP GLTY PL DISPOSITION DATE: 07/08/14 SENTENCING DATE: 09/15/14 TOT DUE CON MISC. REST TOT FINE FINE COST ST.COST o.oo 75,00 40. 00 265.00 0.00 33.00 67.00 50.00 PROBATION: PO: WALKER,MANDY 1

JAIL SENTENCE: VEH FORFEITURE:

NUMBER OF DAYS: VEH IMMOB START DATE: RESTITUTION HISTORY: RCPT DT NO. ACTION 9/15/14 D249770 9/15/14

TYPE RESTITUTION

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PACC#257.6251-A

COUNT 1 C/M/F: M 2576251-A OPERATING WHILE INTOXICATED REDUCED FROM COUNT 1 C/M/F: M 2576251C PACC#257.6251C

OPERATING BAC .17 OR MORE

ARRAIGNMENT DATE: . 04/16/14 PLEA: PLEAD GUILTY PLEA DATE: 07/08/14

FINDINGS: DSP GLTY PL DISPOSITION DATE: 07/08/14 SENTENCING DATE: 09/15/14 FINE COST ST.COST CON MISC. REST TOT FINE TOT DUE 167.00 333:00 50.00 0.00 440.00 o.oo 990.00 0.00 JAIL SENTENCE: 93 DAYS PROBATION: 12 MONTHS PO: WALKER,MANDY, PROBATION END DATE: 09/15/15 NUMBER OF DAYS: VEH FORFEITURE: VEH IMMOB START DATE: BOND·HISTORY: RCPT DT NO. 4/17/14 D141444

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MISCELLANEOUS ACTION ALL COUNTS REMOVED FROM DOCKET 061314 900A CARPENTER,MICHAEL D ADJOURNED FOR JURY-TRIAL 071014 900A CARPENTER,MICHAEL D NOTICE TO APPEAR GENERATED ALL COUNTS 06/17/14 MISCELLANEOUS ACTION ALL COUNTS TRAVEL PERMISSION FILED 07/01/14 MISCELLANEOUS ACTION ALL COUNTS REMOVED FROM DOCKET 071014 900A CARPENTER,MICHAEL D ADJOURNED FOR PLEA 070814 llOOA CARPENTER,MICHAEL D NOTICE TO APPEAR GENERATED ALL COUNTS 07/08/14 BAC .17 MORE 1 PLEA HEARING HELD JDG CARPENTER,MICHAEL D REDUCED CHARGE OWI PLEAD GUILTY DISPOSED ON GUILTY PLEA ACC FIXTURES 2 PLEA HEARING HELD PLEAD GUILTY DISPOSED ON GUILTY PLEA PSI ORDERED/BOND CONTINUED REFUSE. PBT TICKET DISMISSED SEQ: 00025 1 ABSTRACT GENERATED MISCELLANEOUS ACTION ALL COUNTS ADJOURNED FOR PRE-SENTENCE INTERVIEW 080414 1000A 08/04/14 MISCELLANEOUS ACTION ALL COUNTS ADJOURNED FOR SENTENCING 091514 130P CARPENTER,MICHAEL D NOTICE TO APPEAR GENERATED ALL COUNTS 09/15/14 OWI 1 SENTENCE HEARING HELD JDG CARPENTER,MIC»AEL D 990.00 SUPPLEMENTAL SENTENCING $ ABSTRACT REQUESTED STATUTE FINE & COSTS 167.00 $ MISCELLANEOUS FEES 20.00 $ STATE COSTS - ALL MISDEMEANOR I ORDINANCE 50.00 $ 333.00 COSTS ASSESSED $ 420.00 PROBATION OVERSIGHT FEES $ 093D JAIL TERM JAIL TERM SUSPENDED OOlD CREDIT FOR TIME SERVED IN JAIL 012M PROBATION WALKER, MANDY, PO SENTENCE SENTENCE HEARING HELD ACC FIXTURES 2 JDG CARPENTER,MICHAEL D 265.00 SUPPLEMENTAL SENTENCING $

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CASE NO: 14-0621

PAGE

ACTIONS, JUDGMENTS, CASE NOTES

CRIME VICTIM RIGHTS ASSESSMENT 75.00 $ 33,00 STATUTE FINE & COSTS $ RESTITUTION (RECO) 40.00 $ STATE COSTS - ALL MISDEMEANOR / ORDINANCE 50.00 $ COSTS ASSESSED 67.00 $ SENTENCE ORDER OF PROBATION GENERATED ALL COUNTS **ONE YEAR REPORTING PROBATION. **93 DAYS JAIL-HELD IN ABEYANCE-CREDIT FOR 1 DAY SERVED. **ATTEND COUNSELING AS DIRECTED BY PROBATION-PAY FEES. **60 DAYS ON SOBERLINK TETHER MONITORING UNIT-PAY FEES. **MAY NOT USE/POSSESS ALCOHOL/ILLEGAL DRUGS-SUBJECT TO RANDOM SCREENING. **MAY NOT ENTER ANY BARS. PROBATION: 9/15/14 THROUGH 9/15/15 1 PARTIAL PAYMENT MADE OWI PAYMENT 990.00 $ 1 CHECK TENDERED 2121 .ACC FIXTURES 2 PARTIAL PAYMENT MADE 165.00 PAYMENT $ 2121 2 CHECK TENDERED 1 ABSTRACT GENERATED SEQ: 00035 09/16/14 2 MONETARY TRANSACTION ACC FIXTURES 100.00 PAYMENT $ 2 CHECK TENDERED 25073 04/27/15 MOTION AND ORDER FOR DISCHARGE FROM PROBATION GENERATED ALL COUNTS DEFENDANT SUCCESSFULLY COMPLETED ALL PROBATION TERMS INCLUDING 60 DAYS OF SOBERLINK MONITORING, COGNITIVE THERAPY AND PAYMEN'i' OF MONIES $990,00, EARLY SATISFACTORY DISCHARGE FROM PROBATION MISCELLANEOUS ACTION ALL COUNTS CASE CLOSED

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STATE OF MICHIGAN

75TH JUDICIAL DISTRICT

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PIN: 16-006336

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X-REFERENCE #: 16-006336

STATUS: PROB

REGISTER OF ACTIONS

JUDGE OF RECORD: CARPENTER,MICHAEL D JUDGE: CARPENTER,MICHAEL D

P-49909

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STATE OF MICHIGAN v

DOB: SEX: M RACE: VEH YR: 2012 VEH MAKE: PORS DEFENSE ATTORNEY ADDRESS OGUREK,JOHN PATRICK, 31000 LAHSER RD STE 10 FRANKLIN MI 48025 OFFICER: GUILBEAUX

CTN: 561600184701 TCN: SID: 4846829X ENTRY DATE: 09/19/16 OFFENSE DATE: 09/03/16 VEHICLE TYPE: PA VPN:

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PROSECUTOR: DUSO,ATEA BIANCA, VICTIM DESC:

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COUNT l C/M/F: M 2576256B PACC#257.6256B OPERATING-ODIL PER SE/OWI-2ND OFFENSE ARRAIGNMENT DATE: 09/13/16 PLEA: PLEAD GUILTY PLEA DATE: 01/31/17 FINDINGS: DSP GLTY PL DISPOSITION DATE: 01/31/17 SENTENCING DATE: 01/31/17 FINE COST ST, COST CON MISC. REST TOT FINE TOT DUE 500.00 475.00 50.00 0.00 75.00 o.oo 1100.00 o.oo JAIL SENTENCE: 365 DAYS PROBATION: 12 MONTHS PO: BRANSON,TINA,

PROBATION END DATE: 01/31/18

VEH IMMOB START DATE: 3/01/17 NUMBER OF DAYS• 90 VEH FORFEITURE:

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MAG COLE,ANGELA M., MISCELLANEOUS ACTION OUIL/OWI 2ND NO PLEA OFFER FROM PROSECUTOR BAIL BOND PAPER PLATE 09/19/16 FILING DATE 091616 09/22/16 1 MISCELLANEOUS ACTION OUIL/OWI 2ND ADJOURNED FOR PRE-TRIAL 101816 900A CARPENTER,MICHAEL D 1 NOTICE TO APPEAR GENERATED OUIL/OWI 2ND 10/18/16 MISCELLANEOUS ACTION ALL COUNTS ADJOURNED FOR PRE-TRIAL 112216 900A CARPENTER,MICHAEL D NOTICE TO APPEAR GENERATED ALL COUNTS 10/20/16 PRETRIAL SUMMARY SHEET 11/22/16 PRE-TRIAL HELD ALL COUNTS JDG CARPENTER,MICHAEL D ADJOURNED FOR PRE-TRIAL 122016 100P CARPENTER,MICHAEL D BOND CONTINUED MAY NOT USE/POSSESS ALCOHOL/ILLEGAL DRUGS SUBJECT TO RANDOM DRUG/ALCOHOL SCREENING MAY NOT ENTER ANY BARS BOND.MODIFIED TO INCLUDE SOBERLINK. DEF ATTY REQUESTED ADJOURNMENT OF PT. NOTICE TO APPEAR GENERATED ALL COUNTS PRETRIAL SUMMARY SHEET 12/20/16 MISCELLANEOUS ACTION ALL COUNTS ADJOURNED FOR PLEA 011017 1000A CARPENTER,MICHAEL D NOTICE TO APPEAR GENERATED ALL COUNTS MISCELLANEOUS ACTION ALL COUNTS PRETRIAL SUMMARY SHEET 01/05/17 ALL COUNTS MISCELLANEOUS ACTION ATT OGUREK,JOHN PATRICK PROOF OF SERVICE FILED DEF 1 S PLEA & SENTENCING MEMORANDUM FILED 01/10/17 1 MISCELLANEOUS ACTION OUIL/OWI 2ND ADJOURNED FOR PLEA 012417 lOOOA CARPENTER,MICHAEL D 1 NOTICE TO APPEAR GENERATED

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STATE OF MICHIGAN

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS

BUREAU OF PROFESSIONAL LICENSING

BOARD OF MEDICINE

DISCIPLINARY SUBCOMMITTEE

In the Matter of

STEVEN MICHAEL MORRIS, M.D.

License Number: 43-01-059941 STATE OF MICHIGAN

)

COUNTY OF INGHAM

)

File Number: 43-16-147991

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AFFIDAVIT OF TERRI SCHRAUBEN Terri Schrauben (Affiant), who, after first being duly sworn and upon oath, states on information and belief as follows:

Affiant is a Department Analyst in the Investigations & Inspections Division, Bureau of Professional Licensing, Department of Licensing & Regulatory Affairs (Department) and in this capacity is responsible for obtaining certified copies of records of criminal convictions against health professionals licensed to practice a health profession in the state of Michigan.

On November 10, 2016, Affiant received certified records of conviction from the 75th District Court, Midland, Michigan, indicating that Steven Michael Morris, M.D. (Respondent) was convicted of Operating While Intoxicated, on July 8, 2014, in Case Number 14-0621.

Affidavit File Number 43-16-147991

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On May 3, 2017, Affiant received certified records of conviction from the 75th District Court, Midland, Michigan, indicating that the Respondent was convicted of Operating - OUIL Per Se/OWi - 2nd Offense, on January 31, 2017, in Case Number 16-1471.

Upon checking the Department's records relative to Michigan licensure, Affiant learned that Respondent is currently licensed to practice as a Medical Doctor in the state of Michigan.

Affiant has not been notified by Respondent of the July 8, 2014, or January 31, 2017, convictions within 30 days of the date of the convictions.

Terri Schn;iuben

Subscribed and sworn to before me this __G/f2 day of :5eplenobec-; 2017

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Sarah Eaton Notary Public, State of Michigan County of Ingham My commission expires July 23, 2020. SARAH EATON

NOTARY PUBUC, STATE OF Ml

. OOUNTYOF INGHAM

MY OOMMISSION EXPIRES Jul 23, 2020

ACTINGINCOUNTYOF I n<)I......._

Affidavit File Number43-16-147991

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