FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pete 10/5/2012 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2011-052591 DIANE JOHNSON, D.V.M., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation (Petitioner), files this Administrative Complaint before the Board of Veterinary Medicine, against DIANE JOHNSON, D.V.M., (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed to practice veterinary medicine in the State of Florida, having been issued license number VM 7961. 3. Respondent's address of record is 2505 Old Moultrie Rd., St. Augustine, FL 32086. MATERIAL FACTS 4. Around 2 a.m. on October 1, 2011, Sandra DeMatthews presented her pug, “Moki,” to Respondent, because Moki was having problems urinating. 5. Respondent examined Moki and noted she was alert and responsive, with an elevated heart rate and distended bladder. 6. Respondent performed blood work on Moki, which indicated Moki’s condition was good. 7. After taking x-rays, Respondent diagnosed Moki with multiple kidney stones in her urethra. 8. Respondent recommended immediate surgery for Moki, stating Moki would die if surgery was not performed. 9, During the course of her treatment of Moki, Respondent failed to decompress Moki’s palpably and radiographically distended bladder via cystocentesis prior to going to surgery. 10. During the course of her treatment of Moki, Respondent failed to record the size and location of a catheter placement on Moki’s patient chart. 11. Respondent anesthetized Moki using Ketamine and Diazapam, but failed to record the concentration and route of administration of each drug. 12. Respondent maintained Moki’s anesthetized state using Seven-flo, but failed to record the route or method of administration. 3. Respondent failed to perform a vaginal examination of Moki prior to performing surgery. 4, Respondent failed to recommend or attempt to retrograde flush the pelvic urethral stone into the bladder. 5. Respondent failed to date several notes made in Moki’s medical record. 6. Respondent administered Buprenophine to Moki post-op, but failed to note the concentration, amount or route of administration of the drug. 7. Respondent unnecessarily prescribed Famotidine to Moki on multiple occasions. 8. Respondent unnecessarily prescribed Reglan to Moki on multiple occasions. 9. Respondent unnecessarily prescribed Cerenia to Moki on multiple occasions. 20. Respondent failed to refer Moki back to her primary care veterinarian after her condition was stabilized. 21. On or about midnight on Saturday October 1%, 2011, Moki pulled out her catheter, requiring Respondent to anesthetize her with ketamine and diazepam. Respondent failed to record the concentration, volume or route of ketamine and diazepam administered. 22. In the medical records for Moki, Respondent failed to record how the catheter was replaced. 23. On or around 1:30 a.m. on October 2, 2011, Respondent administered atropine and ephedrine in an attempt to resuscitate Moki. 24. In the medical records for Moki, Respondent failed to record the concentration of ephedrine or atropine administered. 25. Respondent failed to monitor Moki’s electrolyte levels during the course of her hospitalization. 26. During the course of her treatment of Moki, Respondent refused to allow Moki’s owner to visit Moki in the hospital. 27. Respondent failed to recommend or offer a necropsy of Moki. 28. In Respondent’s records of her treatment of Moki, there are numerous discrepancies between Moki’s patient chart and the ICU sheets related to her treatment. 29. Respondent refused to turn over Moki’s medical records without receiving an additional $800 in payment. 30. Respondent failed to submit controlled substance logs to the Department for review despite prescribing multiple controlled substances during the course of her treatment of Moki. COUNT I 31. Section 474.214(1) (r), Florida Statutes (2011), subjects a licensee to discipline for “being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.” 32. Respondent failed to practice veterinary medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances, when she: a. Failed to decompress Moki’s palpably and radiographically distended bladder via cystocentesis prior to going to surgery. b. Failed to perform a vaginal exam of Moki prior to going to surgery. c. Failed to recommend or attempt to retrograde flush the pelvic urethral stone into Moki’s bladder. d. Performed unnecessary surgery on Moki on October 1, 2011. e. Allowed Moki to remove her catheter while in Respondent’s post-surgical care. f. Failed to monitor Moki’s electrolyte levels during the course of her hospitalization. g. Refused to allow Moki’s owner to visit Moki in the hospital. h. Failed to refer Moki back to her primary care veterinarian after her condition was stabilized. i. Failed to recommend or offer a necropsy of Moki. 33. Respondent violated Section 474.214(1) (r), Florida Statutes (2011), by being guilty of incompetence or negligence when she failed to practice veterinary medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances. COUNT II 34. Section 474.214(1) (1), Florida Statutes (2011), subjects a licensee to discipline for “performing or prescribing unnecessary or unauthorized treatment.” 35. Respondent performed or prescribed unnecessary or unauthorized treatment, when she: a. Performed unnecessary surgery on Moki on October 1, 2011. b. Unnecessarily prescribed Famotidine to Moki on multiple occasions. c. Unnecessarily prescribed Reglan to Moki on multiple occasions. d. Unnecessarily prescribed Cerenia to Moki on multiple occasions. 36. Respondent violated Section 474.214(1) (1), Florida Statutes (2011), by performing or prescribing unnecessary or unauthorized treatment in the manner outlined above. COUNT III 37. Section 474.214(1) (ee), Florida Statutes (2011), subjects a licensee to discipline for “failing to keep contemporaneous medical records as required by rule of the Board.” 38. Rule 61G618-18.002(4), Florida Administrative Code, states that Medical records should contain the following information if these services are provided or occur during the examination or treatment of an animal or animals: Clinical laboratory reports; radiographs and their interpretation; consultation; treatment - medical, surgical; hospitalization; drugs prescribed, administered, or dispensed; tissue examination report; necropsy findings. 39. Respondent violated Section 474.214(1) (ee), Florida Statutes (2011), when she: a. Failed to record the size and location of a catheter placement on Moki’s patient chart. . Failed to record the concentration and route of administration of Ketamine and Diazapam used to anesthetize Moki for surgery. . Failed to record the route or method of administration of Seven-flo. . Failed to date several notes in Moki’s medical record. . Failed to record the concentration, amount, or route of administration of Buprenophine. . Failed to record the concentration, volume and route of administration of Ketamine and Diazapam used to anesthetize Moki after she pulled out her catheter. . Failed to record the concentration of ephedrine and atropine used in an attempt to resuscitate Moki. h. Failed to accurately record multiple entries on either Moki’s patient chart or ICU chart, as exhibited by the discrepancies between the two records. 40. Respondent violated Section 474.214(1) (ee), Florida Statutes (2011), when she failed to keep contemporaneous medical records as outlined above. WHEREFORE, Petitioner respectfully requests the Veterinary Medicine Board enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent’s license, restriction of Respondent’s practice, imposition of an administrative fine not to exceed $5,000 for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time, or any other relief that the Florida Board of Veterinary Medicine is authorized to impose pursuant to Chapters 455 and 474, Florida Statutes, and the rules promulgated thereunder. Signed this 2" day of October, 2012. PC Found: 9/19/12 By: K. Jones and C. Lewis By: KEN LAWSON, Secretary Department of Business and Professional Regulation Elizabeth Fletcher Henderson ELIZABETH FLETCHER HENDERSON Assistant General Counsel Florida Bar No. 0980404 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 717-1189 Facsimile: (850) 414-6749 10 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 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 subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. 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 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 13-000361PL