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Nassar's Osteopathic License Permanently Revoked, Lecture notes of Acting

This document details the final order issued by the Michigan Board of Osteopathic Medicine and Surgery Disciplinary Subcommittee against Lawrence G. Nassar for violating the Public Health Code. The order includes the imposition of a permanent revocation of his license to practice as an osteopathic physician due to multiple counts of sexual misconduct and lack of good moral character.

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2021/2022

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STATE
OF
MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU
OF
PROFESSIONAL LICENSING
BOARD
OF
OSTEOPATHIC MEDICINE
AND
SURGERY
DISCIPLINARY SUBCOMMITTEE
In
the Matter of
LAWRENCE GERARD NASSAR, D.O.
License
No.
51
-
01
-012213,
Respondent.
Fi
le
No
.
51
-1
6-144749
FINAL ORDER
On January 25, 2018, the Department
of
Attorney General, Licensing and
Regulation Division, on behalf
of
the Department
of
Licensing and Regulatory Affairs
(Department), executed an Administrative Complaint charging Respondent with violating
the
Pub
lic Health Code,
MCL
333.1101 et seq. ·
The Complaint notified Respondent that, pursuant to MCL 333.16231 ,
Respondent's failure to respond to the Complaint within 30 days from the date of receipt
would be treated as an admission of the allegations contained in the Complaint and would
result in transmittal
of
the Complaint directly to the Michigan Board
of
Osteopathic
Medicine and Surgery Discipl inary Subcommittee (DSC) for imposition
of
an appropriat~
sanction.
Contrary to
MCL
333.16231, Respondent falled to prov
id
e a written
response to the allegations set forth
in
the Complaint within 30 days from the date
of
receip
t.
Final Order
File
No.
51
-
16
-1
44749
Page
1 of 3
pf3
pf4
pf5
pf8
pf9
pfa

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DEPARTMENT OF LICENSING AND REGULATORYSTATE^ OF^ MICHIGAN AFFAIRS

BUREAU OF PROFESSIONAL LICENSING

BOARD OF DISCIPLINARY SUBCOMMITTEEOSTEOPATHIC MEDICINE AND SURGERY

In the Matter of LAWRENCE GERARD NASSAR, D.O. LicenseRespondent. No. 51 - 01 -012213, Fi le No. 51 -1 6-

FINAL ORDER

On January 25, 2018, the Department of Attorney General, Licensing and Regulation Division, on behalf of the Department of Licensing and Regulatory Affairs (Department), executed an Administrative Complaint charging Respondent with violating the Pub lic Health Code, MCL 333.1101 et seq. ·

The Complaint notified Respondent that, pursuant to MCL 333.16231 , Respondent's failure to respond to the Complaint within 30 days from the date of receipt would be treated as an admission of the allegations contained in the Complaint and would result in transmittal of the Complaint directly to the Michigan Board of Osteopathic Medicine and Surgery Discipl inary Subcommittee (DSC) for imposition of an appropriat~ sanction.

Contrary to MCL 333.16231 , Respondent falled to prov id e a written response to the allegations set forth in the Complaint within 30 days from the date of receip t.

Final Order File No. 51 - 16 -1 44749 Page 1 of 3

The DSC, having read the Complaint, considered this matter at a regularly scheduled meeting held in Lansing, Michigan on April 5, 2018, and imposed a sanction pursuant to MCL 333.16231. Therefore,

IT IS ORDERED that for violating MCL 333.16221 (a), (b)(i), (b)(vi), and (b)(xiii), Respondent's license to practice as an osteopathic physician is PERMANENTLY REVOKED commencing on the effective date of this Order.

IT IS FURTHER ORDERED 1hat in accordance with MCL 333.16245(9), Respondent is ineligible for reinstatement of the license to practice as an osteopathic physician.

IT IS FURTHER ORDERED that in accordance with MCL 333.16245a , Respondent is permanently ineligible for a license, registration, or authorization to engage in the practice of a health profession under the Public Health Code.

IT IS FURTHER ORDERED that for each of the four cited violations of t he Public Health Code, and after consideration of Mich Admin Code, R 338.7005, Respondent is FINED $250,000, for a total of $1 million, to be paid to the State of Michigan after all restitution, criminal fees and fines , and civil judgments Respondent is ordered to pay have been fully satisfied. Respondent shall direct payment to the Department of Licensing and Regulatory Affairs, Enforcement Division, Compliance Section, P.O. Box 30189, Lansing, Ml 48909. The fine shall be paid by check or money order, made payable to the State of Michigan, and shall clearly display file number 51-16-144749.

FinalFile No. Order 51 - 16-1 44749 Page 2 of 3

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF PROFESSIONAL LICENSING

BOARD OF OSTEOPA'l'HIC MEDICINE AND SURGERY

DISCIPLINARY SUBCOMMI'Ivl'EE

In the Matter of

LAWRENCE GERARD NASSAR, D.0.

License No. 51-01-012213 _____ __________ (^) __ ! Complaint No. 51-16-

ADMINIS'r.RATIVE COMl?..WNT

Attorney General Bill Schuette, through Assistant Attnrney General Bridget

I{. Smith , on behalf of the Department of Licensing & Regulatory Affairs, Bure a u of

Professional Licensing (Complainant), files this complaint against Lawrence G. Nassar ) D.O. (.Respondent), alleging upon :infurmation and belief as follows:

  1. 'l'he Board of Osteopathic Medicine and Surgery, an administrative agency established by the Public Health Code, 1978 PA 368, as amended) MCL 333.1101 et seq, is empowered to discipline licensees under the Code through its Disciplinary Subcommittee.
  2. Respondent was previously licensed to practice medicine as an osteopathic physician pursuant; to the Code. Respondent's license is currently revoked pursuant to the Disciplinary Subcommitbm's April 25, 2017 Final Order. Respondent would be nligible to apply for reinstatement of his osteopathic license after April 25, 2020 pursuant to ·McL 333.16245(4).
  1. This Complaint is being filed following Respondent's conviction of a criminal offense under 520b of the Michigan Penal Code. Sectfon l622l(b)(xiii) of the Pub1ic Health Code pl'Ovides the Disciplinary Subcommittee with authority to take disciplina1-y action against a licensee for a conviction of u criminal offense under section 83, 84,316,317 , 321, 520b,.520c, 520d, or 520f of the Michigan Penal Code, 1931 PA 328, MOL 750.83, 750.84, 750.316, 750.317, 750.321, 750 .520h, 750.520c, 750.520d, and 750.520f. A certified copy of tb.e co u1·t record is conclusive

evidence of the conviction.

  1. Section 16226 of the Code authorizes the DSC to impose sanctions

against persons licensed by the Board if, after opportunity for a hearing, the DSC

determines that a licensee violated one or mm·e of the subdivisions contained in section 16221 of the Code. Section 16226(5) of the Code requires a disciplinary subcommittee to impose the sanction of permanent revocation for a violation of section 1622l(b)(xiii) if the violation occurred while the licensee or registrant was acting within the health profession for which he 01· she was licensed or registered.

  1. Section 16221(a) of the Code provides the Disciplinary Subcommitt ee

with authority to take disciplinary action against a licensee fo1· a violation of

gene1·al duty, consisting of negligence or failur e to exercise du e care, including negligent del egat ion to, or supervision of employees or other individuals, whether 01· not injury results, or any conduct, practice , or condition that impairs, or may impair, the ability to safely and skillfully practice as an osteopathic physician.

2

constructively coerce Victim C to submit to the penetration under tho guise of medical !'.reatment. Victim C was between the age of 13 and 15 at the time.

11. Between May 9, 2014 and May 8, 2015, Respondent sexually

penetrated Victim D by putting his finger into her vagina. During that time period, Respondent was Victim D's doctor and he used his position of authot·ity to

constructively coerce Victim D to submit to th e penetration unde1· the guise of

medical treatment. Victim D was between the age of 13 and 15 at the time.

  1. Between April 28, 2012 and April 27, 2015, Respondent sexually penetrated Victim Eby putting his finger into her vagina. During that time period, Responde nt was Victim E's doctor and he used his position of authority to

constructively coerce Victim E to submit to the penetration under. the guis<~ of

medical treatment. Victim E was be twee n the age of 13 and 1.5 at the time.

  1. Between April 26, 2008 and April 25, 2011, Respondent sexually pen etrated Victim G by putting bis finger into her vagina. Dm·ing that time period, Res pondent was Victim G's doctor and he used his position of authority to constructively co erce Victim G to submit to the penetrat ion under t.110 guise of medical treatment. Victim G wa s between the age of 13 and 15 at the time.

14. Between July 1, 19H8 and January 18, 2005, Respondent sexually

penetrated Victim ZA by putting his fingers into her vagina. Victim ZA was und er the ag e of 13 at that time.

  1. On January 23, 2018, Respondent was convicted of 7 counts of Criminal Se xual Conduct First Degree in the Ingham County Ci rcuit Court (Case

4

Number 17-00526-FC). The conviction was based on Respondent's conduct with Victims A, B, C, D, 1~. G, and ZA as described nbove. Six of the seven counts involved Rcsponden.t.'s conduct with patients while acting as an osteopathic physiciun. 'l'he Court sentenced Respondent to a minimum 40 years in prison to be served consecutive to the federal sentence outlined below. Eaton County

  1. Between Sept.ember 28, 2010 and September 27, 2011, Respondent sexually penetrated Victim A by putting his finger into her vagina. Victim A waa under the age of 13 at the time.
  2. Between June 13, 2010 and June 12, 2011, .Respond<mt sexually penetrated Victim B by putting his finger into her vagina. During that time period, Respondent was Victim 13's doctor and he used his position of authority to constructively coerce Victim B to submit to th e penetration under the guise of medical tl'eatment. Victim B was between the age of 13 and 15 at the timn.
  3. Between September 30, 2009 and September 29, 2010, Respondent sexually penetrated Victim C by putting his finger into her vagina. During thaL time period, Respondent was Victim C's doctor and he used his position of authority

to constructively coerce Victim C to submit to th e penetration under the guise of

medical treatment. Victim C was between the age of 13 and 15 at the time.

  1. On November 29, 2017, ReaJ)ondent pled guilty to one count of

Criminal Sexual Conduct First Degree-Victim under 13, and two counts of Criminal

Sexual Conduct First Degree-Victim 13-16 in the Eaton County Circuit Court (Case

5

COUNTIV

  1. Respondent's convictions in Ingham County constitute convictions of criminal offenses under section 520b of the Michigan Penal Code in violation of section 16221(b)(xiii) of the Code. The convictions based on Respondent's conduct as described in paragraphs 8 through 13 occurred while Respondent was acting within his profession as an osteopathic physician. If proven, 16226(5) of the Code requires the Disciplinary Subcommittee to impose a sanction of permanent revocation in addition to any and all other available sanctions. THEREFORE , Complainant requests that this Complaint be served upon

Respondent and that Respondent be offered an opportunity to show compliance with

all lawful requirements for retention of the aforesaid license. If compliance is not

shown, Complainant further requests that formal proceedings be commenced pursuant to the Public Htmlth Code, rules promulgated pursuant to i.t, and the Administrative Procedures Act of 1969, 1969 PA 306, as amended; MCL 24.201 et seq. RESPONDEN'l' IS HEREBY NOTIFIED that, pursuant to section 16231(8) of the Public Health Code, Respondent has 30 days from the receipt of this Complaint to submit a written response to the allegations contained in it. The written response shall be submitted to the Bureau of Professionnl Licensing, Dcpurtmenl of Licensing and Regltlatory Affairs, P.O. Box 30670, Lansing, Michigan, 48909, with a copy to the undersigned ussistant attorney general. Further, pursuant to section

7

16231(9), failure to submit a written response within 30 days shall be tre ated as an admission of the allegations contained in the complaint and shall result in the transmittal of the complaint directly to the Board's Disciplinary Sub co mmittee for imposition of an appropriate sanction.

Respectfully submitted,

BI.LL SCHUErrTE

Attorney Genera l ,/,.. ,, .}.; --' i,;;.)i~:(:.~·2:;~~-- ·l .>.··''>;:--^7 l<):' _;-/ / / B;icf~t'i. Smit h (P71318) Assistant Attorney Gene ral

Licensing & Regulation Division

P.0. Box 30758

Lansing, Michigan 48909 Dated: January 25, 2018 (517) 373-

LF: 2017-016320'1-D\Nas.sar, Lawrence, D.O., H.4749 (I•' edoral Cl'iminal).Plead.ing -Administrative Compl11.int- 2018,01-