Sep 10 2008 15:45 Sep 10 2008 14:43 P. O04 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.:; 2006-10384 EMMANUEL JOHNSON, M.D., RESPONDENT. INIST I OMPLA COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the - Board of Medicine against the Respondent, Emmanuel johnson, M.D., and in support thereof alleges: i. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. | 2, At all times material to this Complaint, respondent was a licensed physician within the State of Florida, having been issued license number ME 84606. gooz * T ud¥ Sep 10 2008 15:45 . Sep 10 2008 14:43 P.O5 v wv 3. Respondent's address of record is 405 S. Dale Mabry Road, #251, Tampa, FL 33609. 4. On or about March 7, 2006, Respondent's privleges were suspended at St. Vincent Hospital, Jacksonville, Florida. 5 On or about March 9, 2006, Respondent's privileges were suspended at Baptist Medical Center, Jacksonville, Florida. | 6. On or about March 13, 2006, Respondent's privileges were suspended at Memorial Hospital, Jacksonville, Florida. | 7. On or about June 7, 2006, the Department's file reflects that during a routine follow-up site visit by the Florida Agency for Health Care Administration, it was noted that Respondent's office was closed with no forwarding information visibly posted. | 8. The Department had not received any prior notification or publication of the office closing. 9. Prior to closing his practice, Respondent did not pre-arrange for patients to receive their medical records if desired. 10, On or about July 8, 2007, Respondent's Medicaid provider number was removed by the Agency for Health Care Administration, Sep 10 2008 15:45 Sep 10 2008 14:43 P. O06 vw -") Medicaid Program Integrity (AHCA/MPI), eliminating respondent as a Medicaid provider. | 11, As a result of the above noted suspension of rosptal staff privileges, Respondent did not have access to any hospital in Jacksonville at which to treat his then current patients. , | 12, Respondent's practitioner's profile, Staff Privileges section, indicates he did not have hospital staff privileges at any hospital in Florida. Respondent's profile further notes that he had had ‘no disciplinary actions, and had never been asked to resign or limit his privileges. | 13. Respondent's Financial Responsibility profile noted that he had staff privileges and liability coverage, in direct conflict with the information contained in other sections of his practitioner’s profile. COUNT I 14. Petitioner realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 15. Section 458.331(1)(nn), Florida Statutes (2005), sets forth grounds for disciplinary action by the Board of Medicine for violating any | provision of Chapter 458 or 456, or any rules adopted pursuant thereto. 16. states: 17. a Sep 10 2008 15:45 Sep 10 2008 14:43 P.O? w ~ Rule 64B8-10.002(4), Florida Administrative Code (FA.C.), ‘| | When a licensed physician terminates practice or relocates and is no longer available to patients, patients should be notified of such termination, sale, or relocation and. unavailability by the physician’s casing to be published, once during each week for four (4) consecutive weeks, in the newspaper Oo greatest circulation in each county in which the physician practices or practiced and in a local newspaper that serves the immediate practice area, a notice which shall contain the date of termination, sale, or relocation and an address at which the records my be obtained from the physician terminating or selling the practice or relocating or from another licensed physician or osteopathic physician. A copy of this notice shall also be submitted to the Board of Medicine within one (1) month from the date of termination, sale, or relocation of the practice. The licensed physician may, but is not required to, place a sign in a conspicuous location on the facade of the physician's office or notify patients by letter of the termination, sale, or relocation of the practice. The sign or notice shall advise the licensed physician's patients of their opportunity to transfer or receive their records. ; Respondent failed to do one or more of the following: Provide notice of termination, sale or relocation of his office to the Board of Medicine; | _ Provide an address at which the records may be obtained from the Physician terminating or selling the practice or relocating; . Publish in a newspaper the termination, sale or relocation of his office. with an address at which the patient records could be found; Sep 10 2008 15:45 Sep 10 2008 14:43 P. 08 ‘e . d. Post a sign in a conspicuous place in front of his office advising of the termination, sale or relocation of his office, and an address at which the patient records could be obtained. 18, Based on the foregoing, Respondent has violated Section | 458.331(1)(nn), Florida Statutes, by violating Rule 64B8+10.002(4), Florida Administrative Code (FA.C.). | . COUNT II : 19. Petitioner realleges and incorporates paragraphs ond (1) through eighteen (18) as if fully set forth herein. | 20. Section 458.331(k), Florida Statutes, orovides that making | deceptive, untrue, or fraudulent representations, in or related to the practice of medicine or employing a trick or scheme in the practice of medicine are grounds for disciplinary action by the Board of Medicine. 2i. Respondent had staff privileges suspended at three hospitals in jacksonville, Florida from March 7, 2006 through March 13, 2007. Respondent's practitioner's profile indicated that he had never had hospital staff privileges suspended, disciplinary actions, nor had ever been asked to , | resign or limit privileges. 22, Respondent failed to truthfully represent the facts of the Sep 1o 2008 15:47 Sen 10 2008 14:44 w Y) hospital disciplinary actions as to his st Center, Memorial Hospital, Florida in completing his practitioner's profile. P.09 aff privileges at St. Vincent Medical and Baptist Medical Center in Jacksonville, 23. Based on the foregoing, Respondent has violated Section 458,331(1)( k), Florida Statutes, by making deceptive, untrue, o fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one O or suspension of Respondent's license, | permanent revocation imposition of an administrative fine, issuance of a | practice, placement of the Responde ‘fees billed or collected, remedial education and/or an r more of the following penalties: | estriction of reprimand, nt on probation, corrective action, refund of y other relief that the Board deems appropriate. Sep 10 2008 15:47 Sep 10 2008 14:44 P.10 ~ Sg . TA “fe SIGNED this_// — day of A , 2008. . Ana M. Viamonte Ros, M.D., M.P.H. State surgeon General, Department of Health Jf )uanita Powell-Williams Assistant General Counsel | DOH Prosecution Services Unit : 4052 Bald Cypress Way, Bin C-65 FILER... Tallahassee, FL 32399-3265 DEPARTMENT SURE ‘Florida Bar # 0544663 | (850) 245-4640 | CLERK: Ou : OATE OU 1 Oe (850) 245-4581 FAX | | PCP; April 11, 2008 PCP Members: Ashkar, Lage, Beebe Sep 10 2008 15:47 Sep 10 2008 14:44 P.11 w ~ 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 haye subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS ice that Petitioner has incurred and prosecution of this matter. 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 any other discipline imposed. DOH vs. EMMANUEL JOHNSON, M.D., CASE NO.; 2006-10384 Respondent is placed on not costs related to the investigation Pursuant to Section 456.072(4),

Docket for Case No: 09-000034PL