Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: JOHN P. CHRISTENSEN, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Oct. 01, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 4, 2009.
Latest Update: Nov. 16, 2024
) STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH
Petitioner,
v. | CASE NO. 2008-15688
JOHN P. CHRISTENSEN, MID.,
| Respondent.
———__-__.__| __/
DMINISTRATIVE COMPLAIN
COMES NOW Petitioner, Department of Health, by and through its
undersigned counsel, and |files this Administrative Complaint before the
Board of Medicine against Respondent, John P. Christensen, M.D., and in
support thereof alleges:
1, 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 Compiaint, Respondent was a
licensed physician within the State of Florida, having been issued license
number ME 92135,
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3. _ Respondent's address of record is 3001 Broadway, West Palm
Beach, Revd 33407.
4. "Respondent provided Patient AL, a twenty- “one (21) year old
male, with pain. management treatment from February: 12, 2007, untill his
death July 2, 2007.
5. ‘on or about February 12, 2007, patient AL presented with
complaints of pain in his left knee and lower back. Respondent performed —
a left knee examination which showed evidence of left knee instability,
Respondent also documented lumbar muscle spasm and tenderness.
Respondent diagnosed patient AL with multiple failed knee surgery with
associated low back pain,
6. Respondent prescribed patient AL sixty (60) tablets. of
methadone 40 mg, three-hundred (300) tablets of oxycodone 30 mg, and
sixty (60) tablets of alprazolam 2 mg for management of pain.
7, Methadone is prescribed to treat pain, According to Section
893.03(2), Florida Statutes, methadone is a Schedule II controlied
substance that has a high potential for abuse and has a currently accepted
but severely restricted medical use in treatment in the United States, and
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abuse of methadone may lead to severe psychological or physical
dependence.
8. Oxycodone is commonly prescribed to treat pain. According to
Section 893.03(2), Florida Statutes, oxycodone is a Schedule IT controlled
substance that 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,
9. Alprazolam is prescribed to treat anxiety. According to Section
—893.03(4), Florida Statutes, alprazolam is a Schedule IV controlled
substance that has a low potential for abuse relative to the substances in
Schedule rm and has a currently accepted medical use in treatment in the
United States, and abuse of the substance may lead to limited physical or
psychological dependence relative to the substances in Schedule III.
10. Respondent noted on his initial evaluation of patient AL that his
impression was that patient was overmedicated. However, Respondent did
not confirm prior prescribed medications, nor did he order a urine
toxicology to rule out usage of illicit medications and confirm usage of
stated medications.
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11. Respondent dontinued to write large prescriptions of
{
Methadone, oxycodone, and alprazolam for patient AL on or about March
12, April 10, May 7, June 2, and June 29, 2007, for a charge of two
hundred ($200) dollars cash.
12. Throughout the entire course of his treatment Respondent
failed to order any diagnostic tests to substantiate the pain management
program for patient AL.
13, Respondent failed to refer patient AL to a psychiatrist or a
rehabilitation center.
|
14, On or about July 2, 2007, patient AL died of an accidental drug
overdose of methadone, oxycodone, and alprazolam,
COUNT O
15. Petitioner reallages and incorporates paragraphs one (1)
through fourteen (14), as if fully set forth herein.
16, Section 458.331{1)(t), Florida Statutes (2007), provides that
committing medical malpractice constitutes grounds for disciplinary action
by the Board of Medicine. Medical malpractice is defined in Section 456.50,
Florida Statutes, as the failure to practice medicine in accordance with the
level of care, skill, and treatment recognized in general law related to
.
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health care licensure. For purposes of Section 458,331(1)(t), the Board
shall give great weight to the provisions of Section 766.102, which provides
that the prevailing professional standard of care for a given health care
provider shall be that level of care, skill, and treatment which, in fight of ail
relevant surrounding Circumstances, is recognized as acceptable and
sppropriat by reasonably prudent similar health care providers.
17. “Respondent failed to practice medicine with that level of care,
skill, and treatment which is recognized by a reasonably prudent similar
physician as being acceptable under similar conditions and circumstances
in one or more of the following ways:
a) Respondent |prescribed a fatal combination and dosage of
| methadone, joxycodone, and alprazolam to patient AL for
, which there was no legitimate medical purpose;
b) Respondent | failed to order any diagnostic tests to
| substantiate the course of treatment for patient AL;
3) Respondent failed to refer patient AL to a psychiatrist and/or
a rehabilitation center for an obvious substance abuse
disorder.
|
{
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18. Based on the] foregoing, Respondent has violated Section
'
458.331(1)(t), Florida Statutes (2007), by committing medical malpractice.
WHEREFORE, Petitidner respectfully requests that the Board of
Medicine enter an order imposing one or more of the following penalties:
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 2Z day of __/“/a~ 2009.
Ana M. Viamonte Ros, M.D., M.P.H.
State Surgeon General
7B J, Miller, I
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
ATLED Tallahassee, FL 32399-3265
cur Crnesee Florida Bar # 0028147
“x ! (850) 245-4640, Ext. 8230
pare DDL 04 (850) 245-4681 FAX
PCP: May 22, 2009
PCP Members: El-Bahri, Tucker & Levine
RJM
John P. Christensen, M.D, Case No. 2008-15688
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Docket for Case No: 09-005340PL
Issue Date |
Proceedings |
Jun. 07, 2010 |
Petitioner's Response to Respondent's Motion to Strike and/or Consolidate Counts filed.
|
Nov. 04, 2009 |
Order Closing File. CASE CLOSED.
|
Nov. 03, 2009 |
Petitioner's Response to Respondent's Memorandum of Law in Opposition to Petitioner's Motion to Relinquish Jurisdiction and Close File filed.
|
Nov. 02, 2009 |
Motion to Relinquish Jurisdiction and Close File filed.
|
Nov. 02, 2009 |
Memorandum of Law in Opposition to Petitioner's Motion to Relinquish Jurisdiction and Close File filed.
|
Oct. 30, 2009 |
Respondent's Response to Request for Admissions filed.
|
Oct. 30, 2009 |
Respondent's Response to Request for Production filed.
|
Oct. 30, 2009 |
Respondent's Notice of Serving Answers to First Set of Interrogatories filed.
|
Oct. 29, 2009 |
Notice of Taking Deposition filed.
|
Oct. 20, 2009 |
Order of Additional Pre-hearing Instructions.
|
Oct. 20, 2009 |
Order Denying Joint Motion to Modify Notice of Hearing.
|
Oct. 15, 2009 |
Joint Motion to Modify Notice of Hearing filed.
|
Oct. 15, 2009 |
Respondent's Motion to Modify Order of Pre-hearing Instructions filed.
|
Oct. 13, 2009 |
Respondent's Notice of Serving Interrogatories filed.
|
Oct. 13, 2009 |
Respondent's Request for Production filed.
|
Oct. 09, 2009 |
Order Directing Filing of Exhibits
|
Oct. 09, 2009 |
Order of Pre-hearing Instructions.
|
Oct. 09, 2009 |
Notice of Hearing by Video Teleconference (hearing set for January 12 and 13, 2010; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
|
Oct. 07, 2009 |
Joint Response to Initial Order filed.
|
Oct. 02, 2009 |
Notice of Serving Petitioner's First Request for Production, First Set of Interrogatories, and First Request for Admissions to Respondent filed.
|
Oct. 01, 2009 |
Initial Order.
|
Oct. 01, 2009 |
Election of Rights filed.
|
Oct. 01, 2009 |
Administrative Complaint filed.
|
Oct. 01, 2009 |
Agency referral filed.
|