STATE OF WASHINGTON DEPARTMENT OF HEAL TH DENTAL QUALITY ASSURANCE COMMISSION. ) STIPULATED FINDINGS OF FACT, License No.

Transcription

1 ' STATE OF WASHINGTON DEPARTMENT OF HEAL TH DENTAL QUALITY ASSURANCE COMMISSION In the Matter of the license to Practice as a ) Dentist of: ) ) RUNAR D. JOHNSON, 0.0.S., ) STIPULATED FINDINGS OF FACT, License No. DE ) CONCLUSIONS OF LAW, AND ) AGREED ORDER ~~~~~~~~R_e_s~po~nd_e_n_t~~~~ ) The Dental Quality Assurance Commission (Commission), by and through Willette L. Rowe, Department of Health Staff Attorney, and Runar D. Johnson, D.D.S, Respondent, represented by John C. Versnel, Ill, Attorney at Law, stipulate and agree to the following: Section 1: PROCEDURAL STIPULATIONS 1.1 Runar D. Johnson, D.D.S, Respondent, was issued a license to practice as a dentist by the State of Washington in June On August 21, 2000, the Commission issued a Statement of Charges against Respondent. On September 26, 2001, the Commission issued an Amended Statement of Charges against Respondent. 1.3 The Amended Statement of Charges alleges that Respondent violated RCW (4), (7), (B)(a) and (b), and (22); and WAC Respondent understands that the State is prepared to proceed to a hearing on the allegations in the Amended Statement of Charges. PAGE 1OF10

2 1.5 Respondent understands that he has the right to defend himself against the allegations in the Amended Statement of Charges by presenting evidence at a hearing. 1.6 Respondent understands that, should the State prove at a hearing the allegations in the Amended Statement of Charges, the Commission has the power and authority to impose sanctions pursuant to RCW Respondent and the Commission agree to expedite the resolution of this matter by means of this Stipulated Findings of Fact, Conclusions of Law, and Agreed Order (Agreed Order) 1.8 Respondent waives the opportunity for a hearing on the Amended Statement of Charges contingent upon signature and acceptance of this Agreed Order by the Commission This Agreed Order is not binding unless and until it is signed and accepted by the Commission Should this Agreed Order be accepted, it will be subject to the reporting requirements of RCW , the requirements of 45 CFR part 61, and any other applicable interstate and/or national reporting requirements Should this Agreed Order be rejected, Respondent waives any objection to the participation at hearing of some of the Commission members who heard the Agreed Order presentation Respondent understands that the Commission may issue charges against Respondent on grounds of standard of care violations, which are related to this matter. Respondent does not object to settlement of the present matter after consideration of the above PAGE 2 OF 10 ~ ~:~ i ~ :~ / \ ~ -~~ ;J\'i - 1_ :./// - \\'-.._..-; ~

3 Section 2: STIPULATED FACTS The State and Respondent stipulate to the following facts: 2.1 Runar 0. Johnson, D.D.S., Respondent, was issued a license to practice as a dentist by the State of Washington in June On or about March 20, 2000, the Commission requested papers and documents from Respondent regarding the treatment of Patient A Respondent failed to furnish papers or documents to the Commission during the investigation. 2.3 On or about March 20, 2000, the Commission requested a written statement from Respondent regarding the treatment of Patient A Respondent did not provide a written statement explaining the treatment he rendered to Patient A Respondent failed to cooperate with the Commission during the investigation. 2.4 On or about April 5, 2000, Respondent threatened to ubreak (complainant] financially" if the complainant did not withdraw his complaint against Respondent Respondent interfered with an investigation of the Commission when he intimidated the complainant. 2.5 From approximately September 1994 through September 1999, Respondent provided orthodontic treatment to Patient A. 2.6 Respondent failed to create and maintain appropriate records during the orthodontic treatment of Patient A Respondent failed to provide initial treatment models and failed to take cephlometric rad1ographs of the teeth of Patient A. PAGE 3 OF 10

4 I /' 2 8 Respondent failed to use appropriate mechanics for anchorage and failed to treat both arches of the teeth of Patient A 2.9 Respondent failed to refer Patient A to an orthodontist when the condition of her teeth worsened. Section 3: CONCLUSIONS OF LAW The State and Respondent agree to the entry of the following Conclusions of Law: 3.1 Pursuant to RCW 18.32, the Commission has jurisdiction over Respondent and over the subject matter of this proceeding. 3.2 The above facts constitute unprofessional conduct in violation of RCW (4), (7), (B)(a) and (b), and (22); and WAC The above violations are grounds for the imposition of sanctions under RCW Section 4: AGREED ORDER Based on the preceding Stipulated Facts and Conclusions of Law, Respondent agrees to entry of the following Agreed Order: The license of Respondent to practice as a dentist in the state of Washington shall be and is here by SUSPENDED for a period of three (3) years upon the effective date of this Agreed Order. The suspension shall be and is hereby STAYED upon condition of Respondent's compliance with the terms and conditions of this Agreed Order. conditions of this Agreed Order. Docket No A-10670E PAGE 4OF10 /

5 4.1 Respondent shall create and maintain adequate records on all orthodontic patients including, but not limited to, initial treatment models, photographs, and cephlometric radiographs. 4.2 Respondent shall have all current orthodontic cases reviewed by an orthodontist, approved in advance by the Commission and/or its representative, and shall follow any and all treatment recommendations and/or suggestions of that orthodontist. 4.3 Respondent shall not undertake any new orthodontic cases without first submitting complete pre-treatment records and a comprehensive treatment plan to the Commissionapproved orthodontist and obtaining that individual's input and approval of the treatment plan. 4.4 Respondent shall have all orthodontic cases reviewed quarterly by the Commissionapproved orthodontist. The reviews shall be done either on updated models or by an inperson examination of each patient. The reviewer shall sign a log prepared by the Respondent and in a format approved by the Commission or its designee confirming the quarterly reviews. 4.5 Respondent shall pay a fine in the amount of ten thousand dollars ($10,000.00) over the course of the three-year stayed suspension. The payments shall be made quarterly, in equal amounts. Respondent shall pay the fine by certified or cashier's check or money order, made payable to the Department of Health, and mailed to the Department of Health, Dental Quality Assurance Commission, P.O. Box 1099, Olympia, WA Failure to pay the fine within three {3) years of the date this Agreed Order is signed by the Commission shall constitute a violation of this Agreed Order. PAGE 5 OF10 I.~;-.. ~ l' I...,'~ _.,{,~ - "-,/ ' I' ' '' 'r, - ~{/~-'. \~._ I, ' "-::: - -. ~

6 4 6 Respondent shall apologize to the Dental Quality Assurance Commission, the patient and complainants, and the two (2) Department of Health Investigators within thirty (30) days of the effective date of this Agreed Order. The draft letters as submitted by Respondent are acceptable. However, the patient should be included in the letter to the complainants. Respondent shall submit proof of the four (4) apologies to the Department of Health, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA ; within thirty (30} days of the effective date of this Agreed Order. The letter shall outline Respondent's apologies for the failure to cooperate and the attempts to intimidate witnesses. Failure to submit the letter of apology within thirty (30) days shall constitute a violation of this Agreed Order Respondent shall submit proof of full refund to the parents of Patient A of all money paid for the orthodontic treatment of Patient A within thirty (30) days of the effective date of this Agreed Order to the Department of Health, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA Failure to provide proof of refund within thirty (30) days shall constitute a violation of this Agreed Order. 4.8 Respondent shall successfully complete the jurisprudence examination within one (1) year of the effective date of this Agreed Order. Respondent shall mail the completed test to the Department of Health, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA ; within thirty (30) days of completing the examination. 4.9 In addition to mandatory continuing education requirements, Respondent shall complete eight (8) hours of continuing education in the area of ethics and law within one (1) year of the effective date of this Agreed Order. All courses shall be approved in advance by the Commission. Proof of completion of any course shall be mailed to the Department of PAGE 6 OF10

7 Health, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA , within thirty (30) days of completion of any course O In addition to mandatory continuing education requirements, Respondent shall complete eight {8) hours of continuing education in the area of recordkeeping within one (1) year of the effective date of this Agreed Order. All courses shall be approved in advance by the Commission. Proof of completion of any course shall be mailed to the Department of Health, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA ; within thirty (30) days of completion of any course In addition to mandatory continuing education requirements, Respondent shall complete a minimum of eighty (80) hours of continuing education and/or college credit courses in the area of orthodontic diagnosis and treatment which includes a clinical orthodontic component within two (2) years of the effective date of this Agreed Order. Respondent shall successfully complete a clinical competency assessment following this orthodontic continuing education. The competency assessment shall focus on orthodontic diagnosis and treatment. All courses shall be approved in advance by the Commission. Proof of completion of any course shall be mailed to the Department of Health, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA ; within thirty (30) days of completion of any course Within ten (10) days of the effective date of this Agreed Order, Respondent shall thoroughly complete the attached Healthcare Integrity and Protection Data Bank Reporting Form (45 CFR part 61) and return it to the Department of Health, Adjudicative Clerk Office, P.O. Box 47879, Olympia, WA PAGE 7 OF 10-1~.rir,; =:,' [\,, -' )} L--' '' {,,' Ir ' I~\.,;,:!.- ""--.. '..;..~ _), {, -,I'

8 ~ o.1.u:2002 THU 15:1i FAX LAWRENCE AND VERSNEL im 002/002 Olll4/ZQ02 THU l4:s4 FAX e&62 LAWtlB~C~-~u Y~X~~~L o~ll I02 111U Oi:Ol FAJ: 3~~ 6830 LllG,6;~ lll'flt POK ~ODZ RespDndent shall obey an federal. state, ard local 1~ and all admil'lislratiye rules goveming the practice of #14> profoo lgn In the eta'8 of W~n Respondent shall assume all CD9tl of c:omp~f'g with thm AQra&d Order. 4_ 15 If Respondent \AotstaA tj1'i provision Of this AQ1912d Order In 8"'1 fllsooct, thd Commb$1on may taka furlhttr 11dion mgalrast Reepondenf1 llcenae. 4.1 S Respondent shall provide written notlc:e to 1he Comrr.islior1 o1 any changes In hllil name, realdentlal. end/or buslnest addrvsa within 1hfrty (30) days of sucih chal"l9e Upon eumeasful oompljiince, Respondent may be automatjc:ally "lns\atbd by the ComnW.slon or tea deelgnee. If there Is a di&pula regerajng. ~ent's au~ comp~. R.apandent may raquest a hearing before Uw Commission so that he might estabfi.sh his al.icic89btu campuanca, I, RUNAA D. JOHNSON1 D.D-$., Respondent. certify ihat I ~ rud thb Sttpulatsd Flf'KlinQD of Fact. C.onduslons of Law. and Agreed Order In hll enlir&ly, ttmt my eaunael of record, if any, has fully explained 1he legal sighlfif::arce a1d consequence of tt: that I fully understand ahd gr. tn atl of it. and that It may be pl'e$el'lted ta the Dental Quall)'.ASsuranca Commission Without my appearance. If the eornrnfaalop\ aa:apts the Stlpulated Findl"91' of Fact. ConclLISlone of Law. and Agrued Order, I und-nd Iha! I will l'lic IW a slllnad co~~ 1: Ii li I: i: Ii I! I! I i 1! \, ll STIPLJLATED F"lllQINGS OF FACT, CONCLUSIONS OF LAW. AND AGREeD 0RCER Docket No. O().Q7-A 10&7DE RUNAR o. J N I D:D.S. RBeponderit ~ ~~//; j ;>(/tjj- - - P.A.0'@ 8 CF 1 Q 01, ~ i~~' f, I, , --. j_:\~l~, 0,1;;~'\\.~- i~ :

9 Date HN C. VERSNEL, 111, WSBA # Attorney for Respondent pefp>- Oat Docket No A-10670E PAGE 9OF10

10 Section 5: ORDER The Dental Quality Assurance Commission accepts and enters this Stipulated Findings of Fact, Conclusions of Law, and Agreed Order. DATED: _3_/_1 _lo_z... STATE OF WASHINGTON DEPARTMENT OF HEAL TH DENTAL QUALITY ASSURANCE COMMISSION Presented by: ~h$0jfk~ ti Will E L. ROWE, WSBA #2406 Ov ~epartmer:it of Health Staff Attorney Date )/1/02 ~> I FOR INTERNAL USE ONl Y. INTERNAL TRACKING NUMBERS: PROGRAM NOS. 2000~2-4023DE & 2001~3.0016DE PAGE 10OF10 Docket No A-1067DE