Petitioner: DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE
Respondent: SHARON L. JOHNSTON, D.O.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Fort Myers, Florida
Filed: Jun. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 31, 2008.
Latest Update: Dec. 22, 2024
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
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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
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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.
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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,
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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
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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
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_ 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.
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Docket for Case No: 08-002830PL
Issue Date |
Proceedings |
Jul. 31, 2008 |
Order Closing File. CASE CLOSED.
|
Jul. 24, 2008 |
Order to Show Cause (Respondent shall show cause, in writing, why the motion should not be granted no later than July 30, 2008).
|
Jul. 24, 2008 |
Notice of Petitioner`s Witness List filed.
|
Jul. 23, 2008 |
Petitioner`s Emergency Motion to Deem Admissions Granted and Relinquish Jurisdiction filed.
|
Jul. 15, 2008 |
Order Granting Petitioner`s Second Motion for Official Recognition.
|
Jul. 10, 2008 |
Order Granting Motion for Official Recognition.
|
Jul. 01, 2008 |
Petitioner`s Second Motion for Official Recognition filed.
|
Jun. 30, 2008 |
Notice of Unavailability filed.
|
Jun. 26, 2008 |
Petitioner`s Motion for Official Recognition filed.
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Jun. 25, 2008 |
Order of Pre-hearing Instructions.
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Jun. 25, 2008 |
Notice of Hearing (hearing set for August 1, 2008; 9:00 a.m.; Fort Myers, FL).
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Jun. 23, 2008 |
Unilateral Response to Initial Order filed.
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Jun. 17, 2008 |
Notice of Serving Petitioner`s Requests for Interrogatories, Production and Admissions filed.
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Jun. 16, 2008 |
Initial Order.
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Jun. 16, 2008 |
Administrative Complaint filed.
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Jun. 16, 2008 |
Election of Rights filed.
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Jun. 16, 2008 |
Notice of Appearance (filed by J. Hunter).
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Jun. 16, 2008 |
Agency referral filed.
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