STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) PETITIONER, | Vv. CASE NO.: 2003-00543 TODD WARNER JOHNSON, D.C, RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Todd Warner Johnson, D.C., and in support thereof alleges: | “A. Petitioner is the state department charged with regulating the practice of chiropractic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed chiropractic physician within the State of Florida, having been issued license number CH - 6249-on August 3, 1990. 3. Respondent's address of record is 8931 Conference Drive, Suite # 3, Fort Myers, Florida 33919. DOH v, Todd Warner Johnson, D.C,; Case # 2003-00543 1 60 ‘d 65°9_ 9008 te 484 6Bo:fT 900 fe Ga4 4, An anonymous tip on the unlicensed activity hotline was recelved indicating that Respondent was conducting unlicensed chiropractic activity at his place of business located at 8931 Conference Drive, Suite #3, Fort Myers, Florida, 5. On or about January 12, 2003, Department of Health (DOH) Investigator Susan Johnston met and spoke with Respondent’s office secretary, Camille Shell (Shell), at Respondent's office to inquire as to whether a massage appointment could be made at Respondent's office independent of seeing Respondent. 6. Shell informed Investigator Johnston that this could be arranged at a cost of approximately $50.00 per hour with one of three massage therapists employed by Respondent: Peter Campo (Campo), Lara Brown (Brown), and Jennifer Marshall (Marshall). Campo and Brown were licensed massage therapists; however, Marshall was not a licensed massage therapist. 7. On or about March 5, 2003, in Fort Myers, Florida, Investigator Johnston interviewed Marshall who stated that she was a licensed massage therapist in the State of Tennessee and was in the process of becoming licensed in Florida. ° 8. Beginning in or about September, 2002, Marshall worked for Respondent as a massage therapist and was paid by him for her work. Marshall told Respondent she was not yet licensed as a massage therapist in Florida but did not believe that licensure was an issue since she would work under Respondent's direction. 9. On or about March 13, 2003, Investigator Johnston interviewed Respondent. Respondent stated that he used only licensed massage therapists in his office (Campo and Brown) or unlicensed experienced massage therapists (Marshall) DOH v. Todd Warner Johnson, D.C.; Case # 2003-00543 2 pO‘d OO°9_ 9008 te 484 BS:fl 900¢ Pe deaf who worked: under his direct supervision or control. Respondent then provided Investigator Johnston with copies of the massage therapist licenses for Campo and Brown. 10. Respondent further indicated to Investigator Johnston that Respondent believed it was permissible to allow Marshall to work as a massage therapist under his supervision and believed she was in the process of becoming licensed. 11. On or about March 25, 2003, Investigator Johnston interviewed Campo. Campo stated that he briefly worked for Respondent in January-February, 2003, and that he recalled Respondent indicating to him that Marshall was not licensed as a massage therapist but that Respondent believed it to be permissible if Marshall worked under Respondent's supervision. COUNT ONE 12. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. | 13. Section 460.413(1)(u), Florida Statutes (2002), sets forth grounds for delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them, 14. Respondent knew or had reason to know that Marshall was not licensed in the State of Florida to perform massage therapy when Respondent used Marshall as a massage therapist in his practice. DOH v. Todd Warner Johnson, D.C.; Case # 2003-00543 3 90d OOS. 9008 te 484 BS:fl 900¢ Pe deaf 15. Based on the foregoing, Respondent violated Section 460.413(1)(u), Florida Statutes (2002), by delegating professional responsibilities to Marshall as a massage therapist when he knew or had reason to know Marshall was not licensed In the State of Florida to perform massage therapy responsibilities. COUNT TWO 16. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 17, Section 460.413(1)¢ff), Florida Statutes (2002), sets forth grounds for disciplinary action by the Board of Chiropractic Medicine for violating any provision of Chapter 460 or Chapter 456, or any rules adopted pursuant thereto. 18. Section 456.072(1)(i), Florida Statutes (2002), sets forth grounds for disciplinary action by the Board of Chiropractic Medicine for failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or board. 19. Section 456.072(1)¢j), Florida Statutes (2002), sets forth grounds for disciplinary action by the Board of Chiropractic Mecicine for aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board, 20. Section 456.072(1)(p), Florida Statutes (2002), sets forth grounds for disciplinary action by the Board of Chiropractic Medicine for delegating or contracting for the performance of professional responsibilities by a person when the ficensee DOH v. Todd Warner Johnson, D.C.; Case # 2003-00543 4 90 ‘d OO°9_ 9008 te 484 0o:9T 900¢ Pe a4 delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them. 21. Respondent violated Section 460.413(1)(ff), Florida Statutes (2002), by one or more of the following: a. failing to report Marshall to the department when Respondent knew, or should have known, that Marshall was working a8 a massage therapist in violation of chapter 456, chapter 480, or the rules of the department or board, in violation of Section 456.072(1)(1), Florida Statutes (2002); and/or, | b aiding, assisting, procuring, employing, or advising Marshall, an unlicensed massage therapist, to practice massage therapy in violation of chapter 456, chapter 480, or the rules of the department or board, in violation of Section 456.072(1)(j), Florida Statutes (2002); and/ot, GQ delegating or contracting the performance of professional responsibilities by Marshall, an unlicensed massage therapist, when Respondent knew, or had reason to know, that Marshall was not qualified by training, experience, and . authorization when required to perform massage therapy responsibilities In violation of Section 456.072(1)(p), Florida Statutes (2002). 22. Based on the foregoing, Respondent violated Section 460.413(1)(FF), Florida Statutes (2002), by failing to comply with the provisions of Chapter 456, Florida Statutes, DOH v. Todd Warner Johnson, D.C.; Case # 2003-00543 5 £0°d OO-9L S00¢ te 444 oo:ST 900 fe a4 WHEREFORE, Petitioner respectfully requests that the Board of Chiropractic Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 7% day of____ Jeapray 2004. FLED DEPARTMENT OF HEALTH DEPUTY CLERK John O. Agwunobi, M.D., M.B.A,, M.P.H. otek Nstcthes Colmar Secretary, Department of Health Carc__I&-15-O4 ol . 3 ! Mer Aprif Dawn M. Skilling Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0805165 (850) 414-8126 office (850) 414-1991 facsimile Reviewed and approved by: Cay (initials) {es for (date) PCP: Cetenher 2, 2064/ PCP Members: Kertoy ; Aatel On. DOH v. Todd Warner Johnson, D.C.; Case # 2003-00543 6 80 ‘d LO‘SL 900@ fe 484 oo:ST 900 fe a4 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120,57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested, , NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Resporident in addition to any other discipline imposed. BOH v. Todd Warner Johnson, D.C; Case # 2003-00543 1 60d LO‘SL 900@ fe 484 0o:9T 900¢ Pe a4

Docket for Case No: 06-000726PL