0 F Ben, id D STATE OF FLORIDA ° Noy, DEPARTMENT OF HEALTH ? Py o. sneliisy: 4 42 NOMA, fp 3 Foo DEPARTMENT OF HEALTH, ) MEA Pin Ve ) ~ PETITIONER, ) 00H 102 ) v. ) CASENO. 1998-17544 ) 1998-17546 JOHN HO JUN, M.D., ) ) RESPONDENT. _) ) ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against John Ho Jun, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0040093. Respondent's last known address is 2472 Country Club Boulevard, Orange Park, Florida 32073. 3. Respondent is board certified in Anatomic and Clinical Pathology. PATIENT D.S. 4. During the period from in or about June of 1992 through in or about April of 1998, Patient D.S. presented to Respondent’s office complaining of numerous conditions, including but not limited to: respiratory infections, headaches, hot flashes, nervousness, cough, and myalgias (muscle pain or tenderness). 5. Patient D.S., a thirty-eight (38) year old female, had a history of epilepsy and brain surgery for a benign tumor. 6. Dilantin is a legend drug used to treat seizures related to epilepsy. 7. Respondent prescribed Dilantin for Patient D.S. on or about July 6, 1992, August 12, 1992, October 5, 1992, February 11, 1993, March 19, 1993, May 9, 1997, October 8, 1997, November 12, 1997, and April 21, 1998. 8. Respondent did not perform an appropriate blood test to monitor Patient D.S.'s Dilantin level on these occasions. | 9. Respondent did not refer Patient D.S. to another physician for monitoring of her Dilantin level. 10. A reasonably prudent physician under similar conditions and circumstances would have monitored Patient D.S/s Dilantin level by performing an appropriate blood test, and/or referred Patient D.S. to another physician for monitoring of her Dilantin levels. NT ONE 11. — Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully set forth herein this Count One. . 12. Respondent failed to monitor Patient D.S.’s Dilantin level by performing an appropriate blood test and/or failed to refer Patient DS. to another physician for monitoring of her Dilantin levels. ; 13. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes, by failing 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. COUNT TWO 14. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and paragraph twelve (12), as if fully set forth herein this Count Two. 15. Respondent prescribed Dilantin to Patient D.S. on numerous occasions without monitoring the patient’s Dilantin levels. 16. Based on the foregoing, Respondent violated Section 458.331(1)(q), Florida Statutes, by prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and not in the course of the physician’s professional practice, without regard to his intent. PATIENT J.B. 17. During the period from in or about February of 1992 through in or about May of 1998, Respondent treated Patient J.B., a twelve (12) year old female, for numerous conditions. During this time period, Patient J.B. was diagnosed with diabetes. 18. During the period from in or about February of 1992 through in or about May of 1998, Respondent did not perform periodic monitoring of Patient N.B.'s glycohemoglobin levels. Moreover, Respondent did not refer Patient J.B. to another physician for management of her diabetes; did not educate Patient J.B: on how to manage her diabetes; and did not instruct Patient J.B. on how to check her own blood sugar. 19. On or about July 9, 1997, Respondent ordered a brain scan for Patient J.B‘s severe headaches. However, Respondent’s medical records do not document whether a brain scan was ever performed on Patient J.B. Respondent did not follow-up with Patient J.B. to determine if the she ever received a brain scan. 20.. A reasonably prudent physician under similar conditions and circumstances would have managed Patient J.B’s diabetes by performing periodic monitoring of her glycohemoglobin levels; referred Patient 3.B. to another physician for management of her diabetes; educated Patient J.B. on how to manage her diabetes; instructed Patient J.B. on how to check her own blood sugar; and/or followed-up with Patient J.B. to determine if the she ever received a brain scan. COUNT THREE 21. Petitioner realleges and incorporates paragraphs one (1) through three (3) and paragraphs seventeen (17) through twenty (20), as if fully set forth herein this Count Three. 22. Respondent failed to: manage Patient J.B.’s diabetes by performing periodic monitoring of her glycohemoglobin levels; refer Patient J.B. to another physician for management of her diabetes; educate Patient J.B. on how to manage her diabetes; instruct Patient J.B. on how to check her own blood sugar; and/or follow-up with Patient J.B. to determine if the she ever received a brain scan. 24. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes, by failing 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. WHEREFORE, the Petitioner respectfully requests the Board of seis “Lea order imposing one or more of the following penalties: — bo suspension of the Respondent's license, restriction of the Respon acta imposition of an administrative fine, issuance of a reprimand, placement of a Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this _0-/*"day of __4 ‘efpolce , 2000. Robert G. Brooks, M.D., Secretary ryn L. tzak Chief Medical Attorney DEPARTME! COUNSEL FOR DEPARTMENT: DEPUTY. Glen 7H CLERK . Keno Kathryn L. Kasprzak Webi k K ° Chief Medical Attorney DATE lofas [225 Agency for Health Care Administration P. O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 937819 CAL/cab PCP: October 21, 2000 PCP Members: Ashkar, Murray, Rodriguez

Docket for Case No: 00-004705PL