) 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, Z0'd = ZH HDDZ L390 66:6 600Z T 10 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 | i . A ‘\PSU\Mediical\Randy\Cases\Christensen, 2008-15688\AC Christensen 08-15688 SOC OverRx.doc ‘ Page 2 el'd =SB= BNOZ L390 e:6 6002 T 420 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. 3:\PSU\Medical\Randy\Cases\Christensen, 2008-15488\Ac Christensen 08-15688 SOC Overkx.doc Page 3 pO‘d Be'6 600e | +40 Ssi6 600¢ T 450 a) Bho i bos ra 1 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 . J:\PSU\Medical\ Randy \Cases\Christensen, 2008-15688\AC Christensen 08-15688 SOC OverRx.doc Page 4 i GO ‘d . Be'6 600e | +40 Fe:6 600¢ T 450 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. | { J:\PSU\Medical\Randy\Cases\Christensen, 2008-1 5688\AC Christensen 08-15688 SOC OverRx.doc Page 5 90 "d 66's 600e bk +90 PFe:6 B600e T 450 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 3:\PSU/\Medical\Randy\Cases\Christensen, 2008-15688\AC Christensen 08-15688 SOC OverRx.doc Page 6 | é0‘d Be'6 600e | +90 PFe:6 B600e T 450

Docket for Case No: 09-005340PL