STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-23896 RESPONDENT, SHARON L. JOHNSTON, D.O., . ~ / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Sharon L. Johnston, D.Q., and In support thereof alleges: 1. Petitioner is the state department charged with requlating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes: and Chapter 459, Florida Statutes. 2, At all times material to this Complaint, Respondent was a licensed osteopathic physician within the state of Florida and was issued license number OS 6913. 3. Respondent's address of record is 599 9" Street North, Suite 98° 6867 FTP 458 WITTAW TES 1“YoHs 61:8t 88@2—-9T-NNr éee:oT 800¢ 9T Unc 307, Naples, Florida 34102. 4. On or about August 29, 2007, an Indictment was filed in United States District Court, Middle District of Florida, Fort Myers Division, case number 2:07-cr-LO5-FtM-29DNF, charging four (4) counts, alleging that Respondent knowingly and willfully acted outside the scope of professional practice by dispensing quantities of oxycodone, alprazolam, and methadone, In violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1){C). 5. Qxycodone is commonly prescribed to treat pain, According to Section 893.03(2), Florida Statutes, oxycodone is a Schedule II controlled substance thal has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of oxycodone may lead to severe psychological or physical dependence. 6. Alprazolam is prescribed to treat anxiety. According to Section §93.03(4), Florida Statutes, alprazolam is a Schedule IV contralled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use In treatment in the United States. Abuse of alprazolam may lead to limited physical or J:\PSU\Medical\ Blake\Ostea\aCeyohnstonac(erime). DOC 2 28"d 6867 FTP 458 WITTAW TES 1“YoHs Bz:8T 8eB2—-9T-NNr ee:OT 800¢ OT Unt psychological dependence relative to the substance in Schedule ITf. 7. Methadone is prescribed to treat pain. According to Section 893.03(2)}, Florida Statutes, methadone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted by severely restricted medical use in treatment in the United States. Abuse of methadone may lead to severe psychological or physical dependence. 8. It was alleged in the August 29, 2007, Indictment that Respondent prescribed controlled substances to three (3) undercover investigators with the Drug Enforcement Agency in conjunction with the Naples Police Department, without performing complete and adequate physical examinations, without obtaining complete medical histories, without preparing treatment plans with objections, without referring the patients for additional diagnostic testing or consultations, and without adequately justifying the need for the prescribing of controlled substances. 9. Onor aboul March 21, 2008, Respondent was convicted of four (4) counts of violations of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). 10, The crimes Respondent was convicted of constitute felony crimes pursuant to Title 21, United States Code, Section 841. J:\PSU\Menital\Hlake Osten} Acs \JohnstorAC (iii te). DOC 3 8@"d 6867 FTP 458 WITTAW TES 1“YoHs Bz:8T 8eB2—-9T-NNr Se:0T 800¢ OT Une —_ ea” 11. Respondent’s conviction for knowingly and willfully acting outside the scope of professional practice by dispensing quantities of oxycodone, alprazolam, and methadone, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), is directly related to the practice of osteopathic medicine or to the ability to practice osteopathic medicine. 12. The qualities that are essential to the practice of osteopathic medicine include reliability, honesty, and good moral character. The crimes of which Respondent was found guilty and convicted demonstrates that Respondent lacks these essential qualities. By demonstrating that Respondent lacks these essential qualities, Respondent’s crimes relate to the ability to practice osteopathic medicine by showing that she is not worthy to be entrusted with the privileges and authority vested in those who are licensed to practice osteopathic medicine. 13. Under Section 456.074(1), Florida Statutes (2007), the Florida Legislature made it mandatory for the Department of Health to issue an Emergency Suspension Order prohibiting an osteopathic physician from practicing osteopathic medicine in the State of Florida if she was convicted, JA\PSU\Medkal\ Blake\Osteo\ACs Johnston AC(crime).DOC 4 6@"d 6867 FTP aos WOTTAM THOS 1“YoHs Ge:8T 8eee—-ST-Nne S207 800¢ 97 Unc Snel pled guilty to, or entered a plea of nolo contendere, regardless of adjudication, to a felony under 21 United States Code, Section 841. 14. The Florida Legislature made the crime Respondent pled guilty to a mandatory Emergency Suspension Order crime, thereby showing its determination thal the crime relates to the licensee's practice of osteopathic medicine or ability to practice her profession. 15. Section 459.015(1){c), Horida Statutes (2007), provides that being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of ostcopathic medicine or to the ability to practice osteopathic medicine, constitutes grounds for the disciplinary action by the Board of Osteopathic Medicine, 16. Respondent's conviction for violating four (4) counts of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), Is directly related to the practice of osteopathic medicine or to ability to practice osteopathic medicine. 17. Based upon the foregoing, Respondent has violated Section 459.015(1)(c), Florida Statutes (2007), by being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of osteapathic medicine or to the ability to practice J:\PSU\Merical\ilake\ Osteo \aCs\onnstonar(orime) DOC 4 Ald 6867 Pir B58 W2TCaW THOS 1“YOHs Te:87 9 86e-9T-NNL S207 800¢ 97 Unc osteopathic medicine. WHEREFORE, Petitioner respectfully requests that the Board of Osteopathic 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 an probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this kid day of il , 2008. FILED... Nt j EFA iv Assistant General Counsel GLERK: DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 0570788 (850) 245-4640 (850) 245-4684 FAX pep: 04-06-08 PCP Members: Mc (enn ¢ Matin TA\PSU\Medical\Dake\Osteo\ACs\JohnstonaC(aime). DOC 6 Tid 6867 FTP 458 WITTAW TES 1“YoHs Te:87 9 868e-9T-NNL Fe:OT 800¢ OT Unt _ 2d TWLOL 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 Respondent in addition to any other discipline imposed. JAPSU\Pledical Blake\Qsteo\acs\Jahnstonac(crime).DOC 7 ch'd 6661 Fir @Se TWoTdaW WS)“ Te:81 = 8e8e-ST-NM Fe:OT 800¢ OT Unt

Docket for Case No: 08-002830PL