STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2018-25316 MATTHEW DAVID JOHNSON, A.P., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, (Department) files this Administrative Complaint. before the Board of Acupuncture (Board) against Respondent, Matthew David Johnson, A.P., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of acupuncture pursuant to Section 20.43, Florida Statutes (2018); Chapter 456, Florida Statutes (2018); and Chapter 457, Florida Statutes (2018). 2. Atall times material to this Complaint, Respondent was licensed to practice acupuncture within the State of Florida, having been issued license number AP 2933. / | 3. At all times material to this Complaint, Respondent's address of record was 111 Prairie Falcon Drive, Groveland, Florida 34736. 4. Onor about October 30, 2018, Patient D.B., a 16-year-old female recovering from a concussion, presented to Mr. Johnson at One Yoga and Fitness, located in Clermont, Florida, for a scheduled appointment. 5. During the appointment, while Patient D.B. was lying on her stomach, Respondent moved his hands up Patient D.B.’s thighs and penetrated her vagina with his fingers. 6. | Respondent flipped Patient D.B. on her back and placed his mouth on her vagina. 7. Respondent told Patient D.B. she should tell her parents that she needed to see him for more appointments, so he could give her orgasms. 8. Section 457.109(1)(j), Florida Statutes (2018), subjects a licensee to discipline for exercising influence within a patient-acupuncturist relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving, free, full, and informed consent to sexual activity with his or her acupuncturist. 9. Respondent exercised influence within a patient-acupuncturist relationship for the purpose of engaging Patient D.B. in sexual activity in one or more of the following ways: Administrative Complaint Dep't of Health v. Matthew David Johnson, A.P. DOH Case No. 2018-25316 a. Penetrating Patient D.B.’'s vagina with his fingers; b. Placing his mouth on Patient D.B.’s vagina; and/or c. Telling Patient D.B. to tell her parents she needed more appointments, so he could give her orgasms. 10. Based on the foregoing, Respondent violated Section 457.109(1)(j), Florida Statutes (2018). i | WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. (Signature appears on following page) Administrative Complaint Dep't of Health v. Matthew David Johnson, A.P. DOH Case No. 2018-25316 , SIGNED this YU" day of Fenway , 2019. Michele Tallent Deputy Secretary for Operations C2. Christina Smiekle Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 123934 (P) (850) 558-9818 FILED (F) (850) 245-4662 DEPARTMENT OF HEALTH (E) Christina.Smiekle@flhealth.gov uy CLERK pare FEB 2 2018 PCP Meeting: February 12, 2019 PCP Members: Veon and Gunter Administrative Complaint Dep't of Health v. Matthew David Johnson, A.P. DOH Case No. 2018-25316 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida | Statutes, is not available to resolve this Administrative Complaint. ’ 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 any other discipline imposed. Administrative Complaint - Dep't of Health v. Matthew David Johnson, A.P. DOH Case No. 2018-25316

Docket for Case No: 19-003892PL