THE SOUTH DAKOTA STATE BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS IN THE MATTER OF THE CANCELLATION, REVOCATION OR SUSPENSION OF SOUTH DAKOTA STATE BOARD OF MEDICAL EXAMINERS LICENSE #3740 ISSUED TO MARDEN LEE BROWN, M.D. ORDER ACCEPTING VOLUNTARY SURRENDER OF LICENSE AND ORDER OF REVOCATION WHEREAS, Marden Lee Brown, M.D., is the holder of license #3740 of the South Dakota State Board of Medical and Osteopathic Examiners, hereinafter referred to as Board, and WHEREAS, the South Dakota State Board of Medical and Osteopathic Examiners has jurisdiction of the parties and subject matter herein, and WHEREAS, the Board is in receipt of certain information which evidences that Marden Lee Brown, M.D., has engaged in certain conduct, and that such constitutes unprofessional conduct on the part of Marden Lee Brown, M.D., and would affect the practice of Marden Lee Brown, and constitutes grounds for cancellation, revocation, suspension or limitation of any South Dakota license to practice medicine issued to Marden Lee Brown, M.D., and WHEREAS, Marden Lee_Brown, M.D., on May 20, 2003, requested that the Board accept his voluntary surrender of license #3740 for an indefinite period of time because of the above described unprofessional conduct, and WHEREAS, the Board has accepted the voluntary surrender of license #3740 issued to Marden Lee Brown, M.D., due to the above described unprofessional conduct. THEREFORE, IT IS HEREBY ORDERED pursuant to the request of Marden Lee Brown, M.D., and the Board's finding that Marden Lee Brown, M.D., has engaged in unprofessional conduct, that the Board ACCEPTS VOLUNTARY SURRENDER of license #3740 issued to Marden Lee Brown, M.D., for an indefinite time period, and that license #3740 is hereby indefinitely REVOKED. 5 Dated this 1('day of Mal/j 2003. SOUTH DAKOTA STATE BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS . .O. M. George Thompson, President 1 M. Gene Allison DEPARTMENT OF LABOR & INDUSTRY 2 Office of Legal Services 301 South Park Avenue, 3 P.O. Box 200513 Helena, MT 59620-0513 4 Phone: (406)841-2317 5 6 7 8 BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 9 10 IN THE MATTER OF THE DISCIPLINARY 11 TREATMENT OF THE LICENSEOF Marden Lee Brown,MD 12 License No. 8619 13 ) ) ) ) ) ) ) Docket No. CC-04-0132-MED NOTICE OF PROPOSED BOARD ACTION AND OPPORTUNITY FOR HEARING 14 TO: Marden Lee Brown, MD 15 302 East Beehe Chamberlain, SD 57325 16 17 PLEASE TAKE NOTICE THAT: 18 The Screening Panel ofthe Board of Medical Examiners ofthe State of Montana 19 (Screening Panel)has considered the complaint against you in case number MED-2004-006. 20 Subsequently,the Screening Panel voted that the disciplinary actions indicate violations ofTitle 21 37,Chapter 1 and Chapter 3 ofMontana Code Annotated and Administrative Rules ofMontana 22 Title 24, Chapter 156, Sub-Chapter 6. 23 The Screening Panel met to review all documentation regarding the above disciplinary 24 action and found reasonable cause to believe that you have violated a statute or rule justifying 25 disciplinary sanctions to be imposed against your Montana license. The Board of Medical 26 27 28 Notice of Proposed Board Action and Opportunity for Hearing In re Marden Lee Brown, MD,Docket No. CC.04.0132.MED 1 OR\G\NAl 1 Examiners (Board)has such authority pursuant to Montana Code Annotated 9937-1-307 and 37- 2 1-316 and ARM 24.156.625. 3 4 The Screening Panel has reason to believe that you committed the following violations: 1- 5 6 7 Mont. 2. - 8 9 3. - 10 4. - 12 5. - 13 6. - 11 14 15 17 8. - 18 9. - 19 10. 16 20 Being convicted, induding being convicted following a plea of nolo contendere, of a crime relating to or committed during the course ofthe person’s practice or involving violence, use or sale ofdrugs, fraud, deceit, or theft, whether or not an Code Ann; appeal is pending in violation of 937-1-316(1) Denial, suspension, revocation, probation, fine, or other license restriction or discipline against a licensee by a state, province, territory, or Indian tribal government or the federal government if the action is not on appeal, under judicial review, or has been satisfied in violation of 937-1-316(7)Mont. Code Ann; Conduct that does not meet the generally accepted standards of practice in violation of ~37-1-316(18) Mont. Code Ann. Being convicted, including a conviction following a plea ofnolo contendere, of an offense involving moral turpitude, whether misdemeanor or felony, and whether or not an appeal is pending in violation of ARM 24.156.625(1); Engaging in conduct likely to deceive, defraud or harm the public in violation of ARM 24.156.625(3); Having been subject to disciplinary action of another state or jurisdiction against a license or other authorization to practice medicine, based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for disciplinary action under Title 37, chapter 3 or these rules; a certified copy ofthe record ofthe action taken by the other state or jurisdiction is evidence of unprofessional conduct in violation of ARM 24.156.625(7); Failing to furnish to the board or its investigators or representatives information legally requested by the board in violation of ARM 24.156.625(10); Failing to cooperate with a lawful investigation conducted by the board in violation of ARM 24.156.625(11); Commission of an act of sexual abuse, misconduct or exploitation related to the licensee’s practice of medicine in violation of ARM 24.156.625(15); and Committing an act, whether specifically enumerated or not, that in fact constitutes unprofessional conduct in violation of ARM 24.156.625(22). 7. - 21 22 23 24 THEREFORE,pursuant to Montana Code Annotated fi37-1~307, the Board proposes to impose against you one or more of the sanctions authorized under Montana Code Annotated fi37-1-312. 25 26 ’27 28 Notice of Proposed Board Action and Opportunity for Hearing In re Marden Lee Brown, MD,Docket No_ CC-04-0132-MED 2 REASONS FOR ACTION 1 2 There is reasonable cause to believe that the following assertions will be proven and will 3 ’ustify the imposition of sanctions against your license. 4 5 6 1. FACTUAL ASSERTIONS Dr. Marden Brown is or was licensed by the Montana Board of Medical Examiners 7 to practice as a medical doctor, holding Montana License nwnber 8619. 8 2. In May of2003,the South Dakota State Board ofMedical and Osteopathic 9 Examiners received information which evidenced that Marden Brown had engaged in certain 10 conduct, and that such conduct constituted unprofessional conduct and would affect Brown’s Dr. 11 practice. The board found that such conduct constituted grounds for cancellation, revocation, 12 suspension or limitation of Brown’s South Dakota Medical License. Dr. 13 3. On May 20, 2003, Dr. Brown requested that the South Dakota Board accept his 14 voluntary surrender of his license because of the above unprofessional conduct. The Board 15 accepted the voluntary surrender and revoked Dr. Brown’s license for an indefInite period of time. 16 17 18 19 20 21 22 23 4. On October 10, 2003,the Screening Panel for the Montana Board ofMedical Examiners met to discuss the above information. The panel was unable to discern the underlying conduct in the South Dakota case. 5. The Screening Panel directed staffto ask Dr. Brown for written response and an appearance, at least by phone, at the next available meeting. 6. Subsequently, Board Staff wrote several letters to Dr. Brown, but he failed to respond to any ofthem. The Panel reviewed this matter on October 10,2003 and February 6,2004. Each time the Panel moved to table the matter until they could obtain further information from South 7. 24 25 Dakota. 26 27 28 Notice of Proposed Board Action and Opportunity for Hearing In re Marden Lee Brown, MD,Docket No. CC-04-0132-MED 3 I Board Staff eventually found out on their own that, on January 15,2004, the 8. 2 Circuit Court Judge in Brule County South Dakota sentenced Dr. Brown on three counts of sexual 3 contact with a child under sixteen. He received three IS-year prison sentences to run 4 consecutively. The last 15 years is suspended. After completing 30 years imprisonment, Dr. 5 Brown will be on parole for IS years and will be required to pay restitution to his victims. 6 Accordingly, the Screening Panel ofthe Board ofMedical Examiners directed that 9. 7 this formal Notice of Proposed Board Action and Opportunity for Hearing be served upon Marden 8 Lee Brown, MD pursuant to Mont. Code Ann. 937-1-309. 9 10 ASSERTIONS OF LAW II The following is unprofessional conduct for a licensee or license applicant: 12 L- 13 14 15 2. - 17 18 3. - 20 21 4. - 22 23 24 Mont. Code Ann. 937-1-316(7),defines unprofessional conduct as a denial, suspension, revocation, probation, fine, or other license restriction or discipline against a licensee by a state, province, territory, or Indian tribal government or the federal government if the action is not on appeal, under judicial review, or has been satisfied; 16 19 Mont. Code Ann. 937-1-316(1), defines unprofessional conduct as being convicted, including being convicted following a plea of nolo contendere, of a crime relating to or committed during the course ofthe person’s practice or involving violence, use or sale of drugs, fraud, deceit, or theft, whether or not an appeal is pending. 5. - Mont. Code Ann. 937-1-316(18), defines unprofessional conduct as conduct that does not meet the generally accepted standards of practice; R. Admin. Mont 24.156.625 (I),defines unprofessional conduct as being convicted, including a conviction following a plea of nolo contendere, of an offense involving moral turpitude, whether misdemeanor or felony, and whether or not an appeal is pending; Admin. R Mont 24.156.625 (3),defines unprofessional conduct as engaging in conduct likely to deceive, defraud or harm the public; 25 26 27 28 Notice of Proposed Board Action and Opportunity for Hearing In re Marden Lee Brown, MD,Docket No. CC-04-0132-MED 4 6. - Admin. R. Mont 24.156.625 (7),defines unprofessional conduct as having been subject to disciplinary action of another state or jurisdiction against a license or other authorization to practice medicine, based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for disciplinary action under Title 37, chapter 3 or these rules; a certified copy ofthe record of the action taken by the other state or jurisdiction is evidence of unprofessional conduct; 7. - Admin. R. Mont 24.156.625 (10),defines unprofessional conduct as failing to furnish to the board or its investigators or representatives information legally requested by the board; 8. - Admin. Mont 24.156.625 (11),defines unprofessional conduct as failing to cooperate with a lawful investigation conducted by the board; 9. - Admin. Mont 24.156.625 (15),defines unprofessional conduct as commission of an act of sexual abuse, misconduct or exploitation related to the licensee’s practice ofmedicine; and 2 3 4 5 6 7 8 9 10 11 12 13 10. - R. R. R. Admin. Mont 24.156.625 (22),defines unprofessional conduct as committing an act, whether specifically enumerated or not, that in fact constitutes unprofessional conduct. ]4 15 11. As a result of the above information and an investigation into the allegations, the 16 Board’s Screening Panel heard the above matter, determined that there is reasonable cause to 17 18 believe that you have violated a statute or rule justifying disciplinary sanctions to be imposed against your Montana license and so moved to serve you this formal Notice ofProposed Board 19 20 Action and Opportunity for Hearing. * 21 * 22 * 23 * * 24 * 25 * 26 27 28 Notice of Proposed Board Action and Opportunity for Hearing In re Marden Lee Brown, MD,Docket No. CC.04-OI32-MED 5 I 2 3 4 5 6 7 8 9 10 11 12 13 UNIFORM PROFESSIONAL LICENSING AND REGULATION PROCEDURE You are advised that the law provides: MCA 37-1-309. Notice request for hearine. (1)If a reasonable cause determination is made pursuant to 37-1-307 that a violation of this part has occurred, a notice must be prepared by department legal staff and served on the alleged violator. The notice may be served by certified mail to the current address on file with the board or by other means authorized by the Montana Rules of Civil Procedure. The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board’s screening panel, if one has been established, has made a written determination that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated. (2) A licensee or license applicant shall give the board the licensee’s or applicant’s current address and any change of address within 30 days of the change. (3) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and received in the offices of the department within 20 days after the licensee’s receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the board may enter a decision on the basis of the facts available to -- it. -- MCA 37-1-312. Sanctions stay --costs --stipulations. 14 (1)Upon a decision that a licensee or license applicant has violated this part or is unable to 15 practice with reasonable skill and safety due to a physical or mental condition or upon stipulation 16 17 18 19 20 21 22 23 ofthe parties as provided in subsection (3),the board may issue an order providing for one or any combination of the following sanctions: (a) revocation ofthe license; (b) suspension of the license for a fixed or indefinite term; (c) restriction or limitation of the practice; (d) satisfactory completion of a specific program of remedial education or treatment; (e) monitoring of the practice by a supervisor approved by the disciplining authority; (f) (g) (h) 24 (i) 25 G) censure or reprimand, either public or private; compliance with conditions of probation for a designated period oftime; payment of a fine not to exceed $1,000 for each violation. Fines must be deposited in the state general fund. denial ofa license application; refund of costs and fees billed to and collected from a consumer. 26 27 28 Notice of Proposed Board Action and Opportunity for Hearing In re Marden Lee Brown, MD,Docket No. CC-04-0132-MED 6 1 2 3 4 5 6 7 (2) A sanction may be totally or partly stayed by the board. To determine which sanctions are appropriate, the board shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the board consider and include in the order any requirements designed to rehabilitate the licensee or license applicant. (3) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more ofthe sanctions in this section. The stipulation is an infonnal disposition for the purposes of 2-4-603. (4) A licensee shall surrender a suspended or revoked license to the board within 24 hours after receiving notification ofthe suspension or revocation by mailing it or delivering it personally to the board. 8 9 MCA 2.4-631(3). Licenses. Whenever notice is required, no revocation, suspension, annulment, withdrawal, or 10 amendment of any license is lawful unless the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action. Ifthe agency finds that public health, safety, or 11 welfare imperatively requires emergency action and incorporates a finding to that effect in its 12 order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. 13 14 15 STATEMENT OF RIGHTS You are entitled to a hearing, promptly instituted and determined, as provided for by the 16 17 Montana Administrative Procedure Act 18 MCA)and by (~ 2-4-601, MCA,and following, including 2-4-631, ~37-1-121(1), MCA. You have a right to be represented by an attorney at such 19 hearing and during related proceedings. Ifyou desire to have a hearing and to resist the proposed 20 action taken under the jurisdiction of the Board, you must so advise Lisa Addington, Bureau 21 Chief, Health Care Licensing Division, Department of Labor and Industry, 301 South Park, P.O. 22 Box 200513, Helena, Montana 59620-0513, in writing within twenty (20)days ofyoUT receipt of 23 24 this not ce. Formal proceedings may be waived pursuant to MCA 2-4-603. 25 26 27 28 Notice of Proposed Board Action and Opportunity for Hearing In re Marden Lee Brown, MD,Docket No. CC-04-0132-MED 7 POSSIBILITY OF DEFAULT Failure to give notice or to advise the Board of your request for a hearing within the time speci?ed will result in the entry of a default order pursuant to 37-1-3 09, MCA, and the Board may enter a decision on the basis of the facts available to it without additional prior notice to you. DATED April 1, 2004. M. Gene Allison Attorney for Department of Labor 3: Industry CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Notice of Proposed Board Hearing and Opportunity for Hearing was sent certi?ed mail# from Gem-I 11912333 Li Li postage prepaid, on 1&3th the following: Marden Lee Brown, MD 302 East Beebe Chamberlain, SD 57325 Notice of Proposed Board Action and Opportunity for Hearing In re Mardcn Lee Brown, MD, Docket No. CC-04-0132-MED BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 1 2 3 4 5 6 ) IN THE MATTER OF THE DISCIPLINARY ) ) TREATMENT OF THE LICENSE OF ) Marden Lee Brown,MD. ) ) ) License No. 8619 Docket No. CC-04-0132-MED AFFIDAVIT OF M. GENE ALLISON 7 8 STATE OF MONTANA 9 Lewis & Clark County 10 11 ) ) ss. ) I, M. GENE ALLISON, being first duly sworn, depose and say as follows: 1. I am a citizen of the United States, over the age of eighteen years, a resident of 12 Lewis and Clark County, Montana, by profession an attorney and an employee ofthe 13 Montana Department of Labor and Industry (the Department), and legal representative ofthe 14 Screening Panel for the Board of Medical Examiners. 2. I am familiar with the procedural history ofthis case and have personal knowledge 15 16 of the same. 3. On April 8,2004,the Department duly served Respondent/Licensee Marden Lee 18 Brown,MD by Certified Mail, receipt # 7001 25100001 1223 4564, with a Notice of 17 19 Proposed Board Action and Opportunity for Hearing, Docket No. CC-04-0132-MED. The 20 N ot e provided a statement of rights which contained a specific notice to 21 RespondenVLicensee that he was required to submit a written request for a hearing within 22 twenty days of the date on which he received the Notice in order to preserve his right to 23 challenge the proposed action under the jurisdiction ofthe Board of Medical Examiners. 24 More than twenty days have passed since service ofthe Notice and no quest for hearing 25 has been received. Respondent/Licensee has failed to plead or otherwise defend as provided 26 in the Montana Rilles of Civil Procedure. 27 28 REQUEST FOR ENTRY OF DEFAULT In re Marden Lee Brown, MD,Docket No. CC-04-0132-MED 2 informed and verily believe and upon such information and belief state that Marden Lee Brown, MD is not now an incompetent person or minor and was not such when the instant action was commenced; further. that Marden Lee Brown, MD is not now a member of the military or naval services of the United States, nor has he been a member thereof within six months preceding commencement of this action. 5. As attorney for the Screening Panel of the Board of Medical Examiners I request that the default of Marden Lee Brown, MD be duly entered with respect to the Notice of Proposed Board Action ?led and served in this matter. FURTHER AFFIANT SAYETH NOT. DATED this day of Ma}; .2004. 5. Gene A!!ison 2004, before me. a Notary Public for the State AZ On this day of figure i of Montana, personally appeared M. Gene Allison, known to me to be the person whose name is subscribed to the within instrument, that the same is true and correct and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and af?xed my seal the day and year first written above. ary Pu 1c or the tateo Montana Residing at: L, Montana My commissio?? expires: 7 $605 REQUEST FOR ENTRY 0F DEFAULT In re Marden Lee Brown, MD, Docket No. CERTIFICATE OF SERVICE a el I hereby certify that on the day of Mini; 2004, I served a true and accurate copy of the foregoing REQUEST FOR ENTRY DEFAULT by U.S. mail, postage prepaid, upon the following parties addressed as follows: Marden Lee Brown, MD 302 East Beebe Chamberlain, SD 57325 and Marden Lee Brown, MD 2306 Walnut Rapid City, South Dakota 57701 Board of Medical Examiners 301 South Park Avenue PO. Box 200513 Helena, MT 59620?0513 REQUEST FOR ENTRY 0F DEFAULT In re Marden Lee Brown, MD, Docket No. CC-04-0132-MED Gene Allison DEPARTMENT OF LABOR 8: INDUSTRY Of?ce of Legal Services 301 South Park Avenue, PD. Box 200513 Helena, MT 59620?0513 Phone: (406)341-2317 BEFORE THE BOARD OF DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA IN THE MATTER OF THE DISCIPLINARY Docket No. CC-04-0132-MED TREATMENT OF THE LICENSE 0F Marden Lee Brown, MD. RE UEST FOR ENTRY License No. 8619 TO: THE BOARD OF MEDICAL EXAMINERS Please enter the default of Respondenthicensee, Marden Lee Brown, MD, with respect to the Notice of Proposed Board Action ?led and served in the above-entitled matter, pursuant to Rule 55(a), because of his failure to plead or otherwise defend against such Notice, as will appear from the af?davit ?led herewith. ,2004_w DATED this '31"ch day of . LI Legal Counsel Department of Labor and Industry REQUEST FOR ENTRY 0F DEFAULT In re Marden Lee Brown, MD, Docket No. I0 J?l' I?l- I?l l?a BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA IN THE MATTER OF THE Docket No. CC-04-0132-MED DISCIPLINARY TREATMENT OF THE LICENSE OF ORDER GRANTING ENTRY Marden Lee Brown, MD, License #8619. OF DEFAULT On April 8, 2004, Marden Lee Brown, MD, Respondenthicensee in the above- entitled action, was duly served with the Notice of Proposed Board Action and Opportunity for Hearing, Docket No. CC-04-0132-MED. The Notice provided a statement of rights which contained a speci?c notice to Respondentw?Licensee that he was required to submit a written request for a hearing within twenty days of the date on which he received the Notice in order to preserve his right to challenge the proposed action under the jurisdiction of the Board of Medical Examiners. More than twenty days have passed since service of the Notice and no request for hearing has been received. The Department requested entry of default on May 3, 2004. IT IS THEREFORE ORDERED that the default of the RespondentlLieensee is entered for failure to request a hearing. For purposes of this order, the fact assertions contained in the Notice issued in the above-entitled matter are hereby adopted as the ?ndings of fact and the conclusions of said Notice are adopted as the conclusions of law. A ?nal order providing for disposition of this matter will be subsequently entered. fun-I- 2004. DATED thls? day of By: PRESIDING OFFICER BOARD OF MEDICAL EXAMINERS ORDER GRANTING ENTRY OF DEFAULT CERTIFICATE OF SERVICE I hereby certify that on the 73 day of accurate copyof the foregoing ORDER GRANTING 0F DEFAULT by US. 2004, I served a true and mail, postage prepaid, upon the following parties addressed as follows: Marden Lee Brown, MD 302 East Beebe Chamberlain, SD 57325 . and Marden Lee Brown, MD 2306 Walnut Rapid City, South Dakota 57701 M. Gene Allison Legal Counsel Department of Labor and Industry ORDER GRANTING ENTRY OF DEFAULT 2 1 2 BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 3 4 5 IN THE MATTER OF THE DISCIPLINARY TREATMENT OF THE LICENSE OF Marden Lee Brown,MD,License #8619. 6 7 8 ) ) ) ) ) ) Docket No. CC-04-0132~MED FINAL ORDER OF DEFAULT On Apri18, 2004,aNotice ofProposed Board Action was served on Marden Lee Brown, MD,Respondent/Licensee in the above-entitled action, by Certified Mail receipt #7001 2510 9 0001 12234564. The Notice provided a statement ofrights which contained a specific notice 10 to RespondentlLicensee that he was required to submit a written request for a hearing within 11 twenty days of the date on which he received the Notice in order to preserve his right to 12 challenge the proposed action under the jurisdiction ofthe Board ofMedical Examiners. 13 More than twenty days have passed since service of the Notice and no request for 14 hearing has been received. Accordingly, and upon the request of Department counsel on May 15 3,2004 the Board issued an order granting entry of default. 16 For purposes of this order, the fact assertions and conclusions contained in the Notice 17 of Proposed Board Action and Opportunity for Hearing issued in the above-entitled matter are 18 19 hereby adopted by the Board and fully incorporated into this final order as the findings offaet and the conclusions of law. 20 Based upon Marden Lee Brown, MO’s default for failing to request a hearing and the 21 information presently before the Board, including the aforementioned findings of fact and 22 conclusions of law,the Board enters the following: 23 IT IS HEREBY ORDERED that Licensee’s license to practice medicine in the state 24 of Montana is revoked. Respondent shall immediately return his license to the Board of 25 Medical Examiners, to the Board office at the following address: 26 Board of Medical Examiners 301 South Park 27 P.O. Box 200513 Helena, MT 59620-0513 28 FINAL ORDER OF DEFAULT ORIGINAL 1 IT IS FURTHER ORDERED that Licensee may not re-apply or petition for reinstatement for a period of ten years. IT IS FURTHER ORDERED that in the event that Licensee applies for a new Montana Medical license or petitions the Board for reinstatement of his license to practice medicine in the state of Montana: he shall be required to present suf?cient proofs and to comply with certain conditions as may be required by the-Board in its discretion at the time of application or petition for reinstatement. now YOU ARE HEREBY NOTIFIED that you have the right to request judicial review of this ?nal order by ?ling a petition for judicial review within thirty days of service of this final order in a district court of the State of Montana, as provided in 2?4-702, MCA. DATED this 0'71 i day of ATTEST: orsec Bo__ Administrator FINAL ORDER OF DEFAULT 2 l?n CERTIFICATE OF SERVICE I hereby certify that on thegcwl dag,r of 1:071?an 2004, I served a true and accurate copy of the foregoing FINAL ORDER OF DEFAULT by U.S. mail, postage prepaid, upon the Licensee addressed as follows: Marden Lee Brown, MD 302 East Beebe Chamberlain, SD 57325 and Marden Lee Brown, MD 2306 Walnut Rapid City, South Dakota 57'?01 FINAL ORDER OF DEFAULT