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  1. #1

    Default Becoming a Physician in Michigan After 7411

    Hello, I'm a Registered Nurse in Michigan. A few years ago, I plead guilty to a felony charge of posession of a controlled substance without a prescription. Since I had no previous criminal history, I was granted a "7411." I successfully completed my probation, so my understanding is that I now have no felony conviction on my record. The charge did not effect my nursing license and now I want to go to medical school and become a doctor. Will this past charge prevent me from becoming a fully licensed physician? I know there are a couple licenses that physicians need to obtain, including a "controlled substances license."

    Any help would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Becoming a physician in Michigan after 7411

    It is possible that the arrest record would be detected. Also there is a nonpublic record maintained under a section 7411 disposition, although there is no indication that the record can be used by a professional licensing body:
    Quote Quoting MCL 333.7411(2)
    (2) The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:
    (a) To a court, police agency, or office of a prosecuting attorney upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance, or an imitation controlled substance as defined in section 7341, covered in this article has already once utilized this section.

    (b) To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

    (c) To the state department of corrections, a law enforcement agency, a court, or the office of a prosecuting attorney upon request of the department, law enforcement agency, court, or office of a prosecuting attorney, subject to all of the following conditions: * * *
    You're not convicted, and there are actually (as I'm sure you know) a lot of doctors who have kept their licenses through significant periods of alcohol and drug dependency, including encounters with law enforcement. I unfortunately cannot speak for any licensing boards, but I doubt that the arrest and 7411 disposition would keep you from becoming a doctor.

  3. #3
    Join Date
    Jul 2006
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    984

    Default Re: MICHIGAN: Becoming a physician under 7411

    This is a good question. You can search and find information re MI "Controlled Substance Act" section 7411
    There is a 1-1-2005 update found here, http://www.courts.michigan.gov/mji/R...20substance%22
    the essence of which is that even after probation is completed, this allows for the courts and law enforcement to maintain a record of the offense and probation, thus such a record would still be available to any governmental search. If you completed your probation prior to that date the disposition to your case ccould be different.

    Fact is, no matter the disposition of your case or even if the records are expunged, you still have to answer the questions honestly. There is a difference from having access to blank Rx pads or drug cabinets as an RN when you are supervised and the responsibility as a physician. Obvisously there are programs for impaired physicians, but rehabing a licensed physician is different from letting one in the door with a known history. Before you consider medical school, please check with your nursing union if you have one, then the state medical board and DEA for their requirements for DEA Registraiton. You should be able to make general inquries without revealing who you are above the first level. For more information re the Federal Controlled Substance Act and matters relating to it see The Controlled Substances Act, 21 U.S.C. 801, et seq., http://www.dea.gov/pubs/csa/801.htm
    Sorry for any duplication Aaron and I were posting at the same time.

  4. #4
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    Default Re: Becoming a physician in Michigan after 7411

    I'll add - I do agree with rmet4nzkx, that it's best to be honest (being caught in even a little lie can have a lot more consequence than admitting to a past problem), and that there is a possibility of restrictions on your medical license; although I've now worked with doctors (in Michigan) who have had their full privileges restored despite prior periods of suspension and restriction over their opiate and cocaine addiction.

  5. #5
    Join Date
    Mar 2007
    Posts
    1

    Default Re: Becoming a physician in Michigan after 7411

    I'm in similar boat. Pled 7411 in 12/2002, successful completion of probation & other hoops.

    As a 3rd yr medical student, I'm facing an upcoming criminal background check. Do I have to disclose this as a previous arrest/conviction?

    What other obstacles will I face in residency and licensing? Thanks for your input...

  6. #6
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Becoming a physician in Michigan after 7411

    The answer is the same.

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