STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE FINAL ORDER. Licensure. Respondent submitted the Voluntary Relinquishment of License in response to a

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1 Final Order No. DOH G -MQA FILED D E STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE Deputy Agency Clerk DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: License No.: CH 5765 TIMOTHY EDWARD JOHNSON, D.C., Respondent. FINAL ORDER THIS MATTER came before the Board of Chiropractic Medicine (Board) at a duly noticed public meeting on November 3, 2017, in Orlando, Florida, for final agency action pursuant to Sections and (4), Florida Statutes. Petitioner was represented by Peter Delia, Assistant General Counsel, with the Department of Health. Respondent was neither present nor was Respondent's legal counsel, Kenneth Scaz, Esq. Petitioner has filed a Motion for Final Order Accepting Voluntary Relinquishment of Licensure. Respondent submitted the Voluntary Relinquishment of License in response to a Department of Health Investigation and the filing of an Administrative Complaint seeking discipline of Respondent's license. A copy of the Administrative Complaint and Investigative Report is attached to and incorporated as part of this Final Order. After considering the voluntary relinquishment, supporting documents, and reviewing the record of the case, the Board voted to accept Respondent's voluntary relinquishment. A copy of the Voluntary Relinquishment is attached to and made a part of this Final Order. It is therefore ORDERED that the Voluntary Relinquishment is accepted and adopted. 1

2 This Final Order shall become effective upon filing with the Clerk of the Department of Health. r/ DONE AND ORDERED this 7 day, BOARD OF CHIROPRACTIC MEDICINE Anth6 y B. Spivey/0.B.., Executive Director on behalf of Kevin Fogarty, D.C., Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Respondent: Timothy Edward Johnson, D.C., th Street North, Saint Petersburg, Florida and Kenneth A. Scaz, Esq., Golden, Scaz and Gagain, PLLC, 201 North Armenia Avenue, Tampa, Florida 33609; and by electronic mail to: Peter Delia, Assistant General Counsel, Department of Health, Peter.Delia@flhealth.com; and Lawrence Harris, Assistant Attorney General, lawrence.harris@myfloridalegal.com, on Kt12{ 5 j, Deputy Agency Clerk 2

3 null Page 1 of 3 1 STATE OF FLORIDA DEPARTMENT OF HEALTH FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene DATE OCT DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No TIMOTHY E. JOHNSON, D.C. Respondent. / VOLUNTARY RELINQUISHMENT OF LICENSE Respondent Timothy E. Johnson, D.C. license No. CH 5765, hereby voluntarily relinquishes Respondent's license to practice Chiropractic Medicine in the State of Florida and states as follows: 1. Respondent's purpose in executing this Voluntary Relinquishment is to avoid further administrative action with respect to this cause. Respondent understands that acceptance by the Board of Chiropractic Medicine (hereinafter the Board) of this Voluntary Relinquishment shall be construed as disciplinary action against Respondent's license pursuant to Section (1)(f), Florida Statutes. As with any disciplinary action, this relinquishment will be reported to the National Practitioner Data Bank as disciplinary action. Licensing authorities in other states may impose discipline in their jurisdiction based on discipline taken in Florida. 2. Respondent agrees to never reapply for licensure as a Chiropractic Physician in the State of Florida. 3. Respondent agrees to voluntarily cease practicing Chiropractic Medicine immediately upon executing this Voluntary Relinquishment. Respondent further agrees to 12/4/2017

4 null Page 2 of 3 refrain from the practice of Chiropractic Medicine until such time as this Voluntary Relinquishment is presented to the Board and the Board issues a written final order in this matter. 4. In Order to expedite consideration and resolution of this action by the Board in a public meeting, Respondent, being fully advised of the consequences of so doing, hereby waives the statutory privilege of confidentiality of Section (10), Florida Statutes, regarding the complaint,the investigative report of the Department of Health, and all other information obtained pursuant to the Department's investigation in the above-styled action. By signing this waiver, Respondent understands that the record and complaint become public record and remain public record and that information is immediately accessible by the public. Respondent understands that this waiver of confidentiality is a permanent, non-revocable waiver. 5. In order to expedite consideration and resolution of this action by the Board in a public meeting, Respondent, being fully advised of the consequences of so doing hereby waives a determination of probable cause, by the Probable Cause Panel, or the Department when appropriate, pursuant to Section (4), Florida Statutes. 6. Upon the Board's acceptance of this Voluntary Relinquishment, Respondent- - agrees to waive all rights to seek judicial review of, or to otherwise challenge or contest the validity of, this Voluntary Relinquishment and of the Final Order of the Board incorporating this Voluntary Relinquishment 2 https ://prd-mqa imageap com/axiomproviewer/viewerniewdo cument?do cumentid= /4/2017

5 null Page 3 of 3 7. Petitioner and Respondent hereby agree that upon the Board's acceptance of this Voluntary Relinquishment, each party shall bear its own attorney's fees and costs related to the prosecution or defense of this matter. 8. Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent in connection with the Board's consideration of this Voluntary Relinquishment. Respondent agrees that consideration of this Voluntary Relinquishment and other related materials by the Board shall not prejudice or predude the Board, or any of its members, from further participation, consideration, or resolution of these proceedings if the terms of this Voluntary Relinquishment are not accepted by the Board. DATED this HI day of Or ke7b, STATE OF COUNTY OF Before me, personally appeared whose id to me or who produced (type of identification) and who, under oath, acknowledges that his signature appears above. Sworn to and subscribed before me this _ "'day of , My Commission Expires: 3/..1.3// NOTARY 3 Intps://prd-mqa.imageapi.com/axiomproviewer/viewerNiewDocument?documentId= /4/2017

6 DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE PETITIONER, v. CASE NO TIMOTHY E. JOHNSON, D.C. RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health ("Department"), by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine ("Board") against Respondent, Timothy E. Johnson, D.C. ("Respondent"). In support, Petitioner alleges: 1. Petitioner is the state department charged with regulating the practice of Chiropractic Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed to practice chiropractic medicine in the State of Florida, having been issued License Number CH DOH v. Timothy E. Johnson, D.C. Case No, Page 1 of 7

7 3. Respondent's address of record is th St. N., Saint Petersburg, FL On or about December 8, 2015, the Board filed Final Order No. DOH S-MQA that resolved the disciplinary allegations brought forth in Case Number ("Final Order"). 5. The Final Order accepted the terms of the Settlement Agreement that the Department and Respondent entered into, and presented to the Board, on November 13, 2015 ("Settlement Agreement"). 6. Paragraph 1B of the Settlement Agreement provided that Respondent "shall be permanently prohibited from examining or treating any adult female patients... unless such examination and/or treatment is witnessed in full by a Board-approved, female, Florida-licensed health care practitioner ("chaperone")". 7. On or about June 14, 2016, an adult female undercover detective using alias name S.S. ("S.S.") presented to Dr. MUTO Health Systems to obtain treatment for injuries she allegedly suffered in an automobile accident. 8. Respondent performed an examination and/or other treatment modalities on S.S. without any chaperone witnessing said examinations and DOH V. Timothy E. Johnson, D.C. Case No Page 2 of 7

8 treatment in full on the following dates: a. June 17, 2016; b. June 20, 2016; c. June 22, 2016; d. June 24, 2016; e. July 6, 2016; and f. July 11, Despite treating S.S. without any chaperone present on or about June 17, 2016, Respondent created, signed, and/or otherwise approved a Report of Initial Examination which contained the statement "Patient was seen in the present [sic] of S.M., R.C.A." COUNT I 10. Petitioner re-alleges and incorporates paragraphs one through eight as if fully set forth herein. 11. Section (1)(v), Florida Statutes ( ), provides that violating a lawful order of the Board or Department previously entered in a disciplinary hearing is grounds for disciplinary action by the Board. 12. Respondent violated a lawful order of the Board or Department previously entered in a disciplinary hearing by examining and/or treating DOH v. Timothy E. Johnson, D.C. Case No Page 3 of 7

9 S.S. on the dates outlined above, without such examination and/or treatment being witnessed in full by a chaperone. 13. Based on the foregoing, Respondent violated Section (1)(v), Florida Statutes ( ), by violating a lawful order of the Board or Department previously entered in a disciplinary hearing. COUNT II 14. Petitioner re-alleges and incorporates paragraphs one through nine as if fully set forth herein. 15. Section (1)(j), Florida Statutes (2015), provides making or filing a report which the licensee knows to be false is grounds for discipline. 16. Respondent made or filed a report that he knew to be false when he signed the Report of Initial Exam that contained the statement "Patient was seen in the present [sic] of S.M., R.C.A." despite having treated S.S. when S.M., R.C.A. was not present. 17. Based on the foregoing, Respondent violated Section (1)(j), Florida Statutes (2015), by making or filing a report which Respondent knew to be false. DOH v. Timothy E. Johnson, D.C. Case No Page 4 of 7

10 WHEREFORE, the Petitioner respectfully requests that the Board 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 on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this day of cs' ecetaz.18-, Celeste M. Phillip, MD, MPH Surgeon General & Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Angel Sanders DATE: DEC Christopher R. Dierlam, Esq. Assistant General Counsel Fla. Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Telephone: (850) Ex Facsimile: (850) christopher.dierlam flhealth.gov PCP: Members: Kenneth Dougherty, Linda Reynolds DOH v. Timothy E. Johnson, D.C. Case No Page 5 of 7

11 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule (2), Florida Administrative Code. Please send your request to: Department of Health Prosecution Services Unit Attention: Christopher R. Dierlam, Esq Bald Cypress Way, Bin #C65 Tallahassee, Florida If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule (4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule (5), Florida Administrative Code. Please be advised that mediation under Section , Florida Statutes, is not available for administrative disputes involving this agency action. DON v. Timothy E. Johnson, D.C. Case No Page 6 of 7

12 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 (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. D01-I v. Timothy E. Johnson, D.C. Case No Page 7 of 7