STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF PROFESSIONAL LICENSING
BOARD OF MEDICINE
DISCIPLINARY SUBCOMMITTEE

In the Matter of

JOHN LAURAIN, M.D.

License No. 43-01-053504 Complaint No. 43-18-153452
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ADMINISTRATIVE COMPLAINT

Attorney General Dana Nessel, by Assistant Attorney General Rose P. Kleff,

on behalf of the Department of Licensing & Regulatory Affairs, Bureau of

Professional Licensing (Complaina-nt), files this complaint against John Laurain,

M.D . ERespondent), alleging upon information and· belief as follows:

1. The Board cf Medicin·e, an administrative agency established-by the

Public Health Code, as amended, MCL 333.1101 et seq, is empowered to discipline

licensees under the Code threugh its- Disciplinary S·ubcommittee .

2. Respondent is currently licensed to practice medicine pursuant to the

Public Health Code.

3. Section 16221(a) of the Code allows the Disciplinary Subcommittee to

take disciplinary action against a licensee for 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."

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 4. Section 16221(b)(i) of the Code allows the Disciplinary Subcommittee

to take disciplinary action against a licensee for incompetence. Section 333.16106(1)

of the Code defines incompetence as "a departure from, or failure to conform to,

minimal standards of acceptable and prevailing practice for a health profession,

whether or not actual injury to an individual occurs."

5. Section 16221(e)(vi) of the Code allows-the Disciplinary Subcommittee .

to take disciplinary action against a licensee for "conduct by a health professiQnal

with a patient while he or she is acting-within the health profession for which he or

s-he is licensed or registered, including conduct initiated by a patient or to which the

patient consents, t hat is sexu.al or may reasonably be interpreted as sexual,

including, but not limited to , sexual intercourse, kissing in a sexual manner, or

touching·of a body p_art for any purpose other than appropriate exa-mination,

treatment, or comfort."

6. Section 16226 of the Code authorizes the Disci]::)hnary Subeommittee to

impose sanctions against licensees if, after an opportunity for hearing, the

Bisciplinary Subcommittee d'etermines the licensee violated one of more of the

subdivisions in section 16221 of the Code.

FACTUAL ALLEGATIONS

7. At all relevant times, Respondent worked as a family medicine

physician at Sparrow Medical Group, located in Lansing, Michigan.

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Patient #1 (J.S.1)

8. On or around February 27, 2017, J.S. presented to Respondent at

-Sparrow Medical Group for a routine physical exam.

9. Respondent performed a review of systems, noted J.S.'s complaints,

and performed a complete physical exam on J.S.

10. Respondent noted no abnormalities other than acne· lesions along J.S.'s

waistline. He noted observin.g no lesions, cysts, or other issues in J.S.'s groin area.

11. Despite that, Respondent diagnosed J.S. with history of bipolar 1

disorder, mild persistent asthma without complications, acne vulgaris, and

hidradeniti-s. Respondent's plan for J.S. was continued treatment with J.S.'s current

mecl-ications, minocycline for acne, and fol.low up visit in 6 months.

12. During tlris- office visit,. Respondent also began engaging in

inappropriate conversation with J.S. Respondent d.iscusse-d.-his own sexual

orientation with.J.S. and asked J .S. about his sexual preferences. Respond-ent also

asked J.S. about J.S.'s nipple piercings and whether he enjoyed the sensation.

13. Orror around July 28, 2017, J:8. presented to Respondent for a follow

up visit. J.S. also had complaints of anal itching due to a possible chemical burn

from a hair removal cream or a nemorrhoid, difficulty breathing at night through

his nose, and asthma.

14. Respondent performed a complete physical exam on J.S. and noted no

abnormalities on J.S.'s skin or in the genitourinary area. Respondent ordered labs

1 Initials used to protect patient privacy.

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for J.S. including a hepatitis and HIV AG-AB combo, a CBC, and a lipid profile.

Respondent noted no rationale for ordering these tests and failed to treat J.S.'s

complaints of-itching.

15. At subsequent visits over the next year, Respondent treated J.S. for

various complaints such as erectile dysfunction, perineal itching/irritation, perineal

rash, and breast pain.

16. At these visits, Respondent continued to engage in inappropriate

conversations with J.S. This included Respondent offering to purchase liquid Viagra

for J.S. to treat J.S.'s erectile dysfunction and Respondent asking J.S. for advice on

creating an online dating account.

17. The -conversations also included Respondent.encouraging J.S. to have

multiple sexual partners as Re&pondent indicatecito J.S. that J·.S. should not be

monogamous. Consequently~espondent treated J.S. with Truvada for pre-exposure

prophylaxis.

18. At an office visit in or around October 2018, as J.S.'s perineal rash had

not resolved, Respondent pe....-.formed a physical exam of J.-B.'s perineal area-but

Respondent fail-ed to wear gloves while conducting the exam.

19. Respondent also performed an inappropriate exam of J .S.'s rectum

without wearing gloves. J.S . observed that Respondent had an erection during this

time.

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Patient #2 (D.H.)

20. On or around September 28, 2018, D.D. presented to Respondent at

Sparrow Medical Group as a:new patient with a history of Crohn's disease and

recent hospital admission for small bowel obstruction.

21. Respondent performed a review of-systems, noted D.D.'s complaints-,

and performed a complete physical exam on D.D.

22. During the exam, Respondent raised D.D.'s .shirt, felt his abdomen,

and inappropriately pinched D.D.'s nipples.

23. Respondent improperly commentedto D.D. that J.S. , who was D.D.'s

friend, was a "size queen" and that D.D. should date him.

24. Respondent also e-neouraged D.D. to begin Truvada so tb..aill.D. -could

also avoid monogamy.

COUNT!

25. Respondent's conduct, as describ-ed above, constitutes negligence or

failure to exercise due care , or any conduct, practice, or condition that impairs, or

may impair, the ability to safely and skillfa:Hy engage in the practice of the health

profession, in violation-of-section 16221(a) of the Code.

COUNT II

26. Respondent's conduct, as described above, constitutes Respondent's

failure to conform to minimal standards of acceptable and prevailing practice for a

medical doctor, in violation of section 16221(b)(i) of the Code.

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 COUNT III

27. Respondent's conduct, as described above, constitutes conduct by

Respondent with a patient while acting within the health profession for which he is

licensed, including conduct initiated by a patient or to which the patient consents

that is sexual or may reasonably be interpreted as sex-ual for any purpose other

than appropriate examination, treatment, or comfort, in violation of section

16221(e)(vi) of the Code.

THEREFORE, Complainant requests iliat this Complaint be served~upon

Resp_ondent and that Respondent oe offered an opportunity to show compliance with

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

shown, Complaina-n-t further requests that formal proce-edings be commenced

pursuant to the Public Health Code, rules promulgated pursuant to it,. and the

Administrative Procedures Act of 1969, 1969 PA 306, -a s amended; MCL 24.201 et

seq.

RESPONDENT 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. Pursuant to section

16192(2) of the Code, Respondent is deemed to be in receipt of the complaint 3 days

after the date of mailing listed in the attached proof of service . The written

response shall be submitted to the Bureau of Professional Licensing, Department of

Licensing and Regulatory Affairs, P.O. Box 30670, Lansing, Michigan, 48909, with a

copy to the undersigned assistant attorney general.

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 Further, pursuant to section 16231(9), failure to submit a written response

within 30 days shall be treated as an admission of the allegations contained in the

complaint and shall result i n the transmittal of the comp-liant directly to the Board's

Disciplinary Subcommittee for imposition of an appropriate sanction.

Respectfully submitted,

DANA NESSEL
Attorney General

Rose P. Kleff
Assistant-Attorney General
Licensing & Regulation Division
P.O. Box 30758
Lansing, Michigan 4890-9
Dated: September 18, 2019 -(517-) 335-7569

LF : 2019-0246553-A/Laurain, J ohn, M.D./Admi.nistr ative Complaint/20 19-09-17