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An abortion doctor whose car was found containing prescription Fentanyl from an Eastpointe clinic as well as aborted baby parts pleaded no contest to larceny charges and had his medical license suspended.
Michael Arthur Roth, 75, of Orchard Lake, pleaded no contest to three counts of larceny from a building Monday in Macomb County Circuit Court for taking Fentanyl from Eastland Women’s Clinic in September 2015. A no contest plea is treated as an admission of guilt in criminal court but provides some legal protection in civil court.
As part of an agreement with Judge Michael Servitto, Roth will receive probation at his Dec. 7 sentencing, according to court records. A court observer said Roth’s attorney, Mark Kriger, asked for leniency in part based on Roth suffering a stroke.
“Dr. Roth broke the law and jeopardized patient health in the process,” said state Attorney General Bill Schutte, who prosecuted Roth. “(Monday’s) plea moves us on step forward in insuring this man cannot do this again.”
Lynn Mills, a metro-Detroit anti-abortion activist who attended the court hearing, said she would like Roth to serve some time in jail, adding he should never be allowed to practice again.
Roth’s license to practice medicine was suspended for one year and he was ordered to pay a $25,00 fine, according to a consent agreement reached in August with the state Board of Medicine’s Disciplinary Subcommittee. He was accused by the board committee of negligence, incompetence, lacking good moral character, illegally possessing a controlled substance and betraying professional competence.
The charges originated from a Sept. 30, 2015, car accident in West Bloomfield Township after which the fetus parts and drugs were found in Roth’s trunk, according to the Michigan Attorney General’s Office, which prosecuted the case. The pedestrian crash injured a disabled youth.
In an Oct. 7, 2015, search of Roth’s impounded car, police found 15 containers of the post-conception material as well as a vial of Fentanyl, which is used as a sedative during abortions and a partially used bottle of Midazolam, a medication for anesthesia, state documents say. Also found were six prescription bottles for Ciprofloxacin, an antibiotic used with abortion procedures, which were supposedly written by Roth’s employer, Dr. Angel Ojeda at Eastland, officials said.
Ojeda said the drugs were stolen from his office in December 2014.
The Fentanyl was ordered by Dr. Ojeda for his office practice and had expired in 2014. The antibiotics also were prescribed by Ojeda.
The search warrant also revealed a large amount of cash with names and what is believed to be pregnancy information attached to each bundle of cash, medical materials such as syringes, disposable scalpels and empty containers similar to the ones filled with baby parts, Schuette said.
In an Oct. 13, 2015 search of his residence, police found two closed vials and one open vial of Fentanyl and six vials of Methylergonvine Maleate, a medication used for uterine bleeding.
“Medications must only be stored in the locations associated with each license (and) the license does not allow (Roth) to keep or store medications in his car or home,” the medical board panel said in documents. “Controlled substances must be stored in a locked cabinet, room or cart at the location to prevent theft or diversion.”
Regarding the aborted baby parts, the panel said, “Products of conception are considered pathological waste and must be disposed of pursuant to statute and cannot be stored in a personal vehicle.”
To get his license reinstated, Roth will have to apply and show “by clear and convincing evidence” that he is of good moral character and has the ability to practice with “reasonable skill and safety,” the agreement says. He also will have to meet conditions and the panel would have to determine his reinstatement is in the public interest.
The board indicates in the consent deal that a new administrative complaint will be filed against Roth if he is convicted of any criminal charges.
Criminal drug charges related to the case against Roth in Oakland County Circuit Court were dismissed in June by Judge Phyllis McMillan, according to court records.
Roth has been under scrutiny by authorities before.
In 2012, the state Licensing and Regulatory Affairs agency fined him $2,000 for violation of duty/negligence, regarding a complaint of a complication during a procedure and miscommunication with a patient.
In 2004, Roth’s license was placed on probation for six months and he was fined $15,000 on allegations in October 2003 he performed an abortion in a patient’s home.
Violations stretched back to 1997, included failing to keep accurate charts on patients, not requiring blood work before procedures and issuing prescriptions without listing the rationale.