Final Order No, DOH-21-0899-€2O.MQA ruzppare-_SUN 2 8 2021 Department of Health STATE OF FLORIDA te St heey Chek DEPARTMENT OF HEALTH In Re: The Emergency Restriction of the License of John Joseph Johnston, D.C. License Number CH 4010 Case Number 2021-10999 ORDER OF EMERGENCY RESTRICTION OF LICENSE Scott A. Rivkees, M.D., State Surgeon General, ORDERS the emergency restriction of the license of John Joseph Johnston, D.C., (Dr. Johnston) to practice as a chiropractic physician in the State of Florida. Dr. Johnston holds license number CH 4010. His address of record is 3311 NW 18th Avenue, Gainesville, FL 32605. The following Findings of Fact and Conclusions of Law support the emergency restriction of Dr. Johnston's license to practice as a chiropractic physician in the State of Florida. FINDINGS OF FACT 1. The Department of Health (Department) is the state agency charged with regulating the practice of chiropractic medicine pursuant to Chapters 20, 456, and 460, Florida Statutes (2020). Section 456.073(8), Florida Statutes (2020), authorizes the Department to summarily restrict Dr. Johnston’s license to practice as a chiropractic physician in the State of Florida, in accordance with section 120.60(6), Florida Statutes (2020).In Re: The Emergency Restriction ofthe Lcense Of John Joseph Johnston, 0. Ucense No. CH 4010 (case No: 2021-10999 2, — At all times material to this Order, Dr. Johnston was licensed to practice as a chiropractic physician in the State of Florida, pursuant to chapter 460, having been issued license number CH 4010. 3. Dr. Johnston is the owner and operator of Johnston Chiropractic Center in Gainesville, Florida. 4. Johnston Chiropractic Center has private’ exam room(s) and semi- private? room(s). 5, Between November 2020 and January 2021, Patient E.M., a forty- six-year-old woman, presented to Johnston Chiropractic Health Center approximately nine times for treatment related to ongoing migraines and hip pain. 6. E.M. trusted that Dr. Johnston’s treatment recommendations and correlated actions were performed in accordance with the standard and common procedures of chiropractic physicians. 7. €.M.s first appointment at Johnston Chiropractic Center was on or about November 21, 2020. 8. Dr. Johnston told E.M. to come in once a week for treatment. » Adjustment tables are in the private exam room(s). 2 Adjustment tables and roller tables are in the semi-private rooms. The semi-private rooms are 2 series of separate rooms along a hallway within the office. The interior of the room is visible only from the hallway. Page 2 of 17Ine: The Emergency Restriction ofthe License Of John Joseph Johnston, B.C. Ucense No.: GH 4010 Case No.: 2021-10859 9. Onor about December 29, 2020, E.M. presented to Dr. Johnston for treatment in a semi-private room where no one else was present. 10. During the appointment, E.M. sat on the adjustment table. 11. While performing an adjustment on E.M., Dr. Johnston positioned E.M. so that she was seated on the adjustment table with her legs straddling the table. 12. Dr. Johnston sat on the adjustment table behind E.M. so that his chest was pressed against E.M.’s back. 13. During a portion of the adjustment, Dr. Johnston laid down on the table and pulled E.M. down on top of him. 14. On or about January 5, 2021, E.M. returned for an appointment with Dr. Johnston in a semi-private room where no one else was present. During the appointment, E.M. was face-up on the adjustment table. 15, E,M. informed Dr. Johnston that she was experiencing pain in her left hip. 16. Dr. Johnston evaluated E.M.’s pelvis. 17. During the evaluation, Dr. Johnston slid his ungloved hand underneath E.M.’s clothing and underwear and touched the top of her public hair. Page 3 of 1718. Jn Re: The Emergency Restriction ofthe License Of John Joseph Johnston, B.C. Ucense No.: CH 4010, (Case No. 2021-10899 E.M. also complained of tightness in her chest and Dr. Johnston examined E.M.’s ribs and placed his hands underneath E.M.’s shirt and bra and repeatedly brushed the sides of E.M.’s breasts with the back of his hands. 19. Dr. Johnston then positioned-E.M. in a seated position at the end of the adjustment table. a. Dr. Johnston sat down on a chair placed at the end of the adjustment table facing E.M. b. E.M. faced Dr. Johnston as he sat on a chair at the end of the adjustment table. c. Dr. Johnston positioned E.M. so her groin touched Dr. Johnston's groin and her legs were draped over each of his legs. d. Dr. Johnston rolled E.M. onto the table, so that her back was against the adjustment table. e. Dr. Johnston crawled onto the table and laid on top of E.M., so that they were chest-to-chest and groin-to-groin. f. E.M. felt that this position was very intimate. 20. On or about January 12, 2021, E.M. returned to Dr. Johnston for an adjustment. Page 4 of 17Ine: The Emergency Restriction of the License OF {bn Joseph Johnston, B.C. Ucense No.: CH 4010 (Case No: 2021-10899 21. Dr. Johnston. took E.M. to a private exam room and requested she change into “boxer shorts.>” 22. Dr. Johnston returned to the private exam room. 23. Dr. Johnston did not bring another staff member with him or offer to have another staff member present during the examination. 24, EM. was alarmed that Dr. Johnston was not wearing gloves. Dr. Johnston informed E.M. that his “hands are very clean”. 25. Dr. Johnston placed his hands under E.M.‘s boxer shorts and touched E.M.’s mons pubis, groin, and pelvic areas without gloves. 26. Dr. Johnston ran his finger along the length of E.M.’s labia with his finger. 27. Dr. Johnston repeatedly pressed his fingertips along the top of E.M.'s labia and touched her clitoris. 28. Dr. Johnston informed E.M. that he needed to feel an area along the top of her pelvis and sought her approval to insert his finger into her vagina. 29. E.M. trusted that Dr. Johnston was acting in a professional manner and agreed to Dr. Johnston’s request. 3 The “boxer shorts” are made of similar material to that of hospital gowns, The boxer shorts are loose with a drawstring at the waist, Page S of 17Ine: The Emergency Restriction of the License OF John Joseph Johnston, D.C. cense No: CH 4010 (Case No. 2025-10999 30. Dr. Johnston inserted his bare finger into E.M.’s vagina and purported to “explore” her pelvis bones through her vaginal wall. 31. Dr. Johnston requested E.M. lie face down on the adjustment table. 32. When E.M. complied, Dr. Johnston Inserted his bare thumb into E.M.’s vagina and put pressure on her pelvis bone. 33. Dr. Johnston informed E.M. that an area of her back was about ready to adjust and requested she come back the following day. 34. On or about January 13, 2021, E.M. returned to Dr. Johnston’s office to continue treatment. 35. Dr. Johnston began adjustments on E.M. in the semi-private room where no one else was present. 36. Dr. Johnston later took E.M. into the private room, where no one else was present, and asked her to sit on the adjustment table. 37. Dr. Johnston performed manipulations on her groin area and buttocks through her slacks. 38. Dr. Johnston positioned E.M. so that she was on her knees with her arms stretched out in front of her with her forehead touching the table. 39. Dr. Johnston stood next to E.M. and continued adjustments. Page 6 of 17Ine: The Emergency Restriction ofthe License OF John Joseph Johnston, D.C. cense No.: CH 4010 (Case No: 2021-10099 40. While doing adjustments, Dr. Johnston stroked firmly down each of E.M.’s buttocks and rubbed the length of his forearm between her legs multiple times. 41. On or about January 20, 2021, E.M. returned to Dr. Johnston’s office to continue treatment. 42. Dr. Johnston took E.M. to the private exam room where no one else was present. 43. _E.M. was instructed to change into the boxer shorts. 44. Dr. Johnston advised £.M. that an essential oil known as “Blue Tansy” had healing benefits for the skin. 45. Dr. Johnston placed the oil in his hands and reached under E.M.’s boxer shorts and rubbed the oil on E.M.’s bare genitals. 46. On or about January 21, 2021, E.M. returned to Dr. Johnston's Office to address a clicking noise in her hip. 47. Dr. Johnston escorted E.M. to the private room, where no one else was present, and instructed E.M. to change into the boxer shorts. 48. Dr. Johnston remained in the private exam room while E.M. changed into the boxer shorts. Page 7 of 17In Re: The Emergency Restriction of the License OF John Joseph Johnston, B.C. conse o.: cH 4010 (Case No: 2021-10999 49. E.M. laid down face-up on the adjustment table and Dr. Johnston stood next to her. 50. Dr. Johnston reached under E.M.’s boxer shorts and rubbed the essential oil on E.M.’s bare groin and labia with his fingers. 51. Dr. Johnston ran his fingers up and down and around E.M.'s labia. 52. Dr. Johnston positioned E.M. in a seated position at the end of the adjustment table. a. Dr. Johnston sat down on a chair placed at the end of the adjustment table facing E.M. b. E.M. faced Dr. Johnston as he sat on a chair at the end of the adjustment table. c. Dr. Johnston positioned E.M. so her groin touched Dr. Johnston’s groin and her legs were draped over each of his legs. d. Dr. Johnston rolled E.M. onto the table, so that her back was against the adjustment table. Dr. Johnston crawled onto the table and laid on top of E.M., so that they were chest-to-chest and groin- to-groin. Page 8 of 17In Re: The Emergency Restriction ofthe License OF ‘J Joseph Johnston, Bc. Nou: CH 4010 10999 53. Dr. Johnston then moved E.M. to a seated position on the adjustment table and asked if he could unhook E.M.’s bra to examine her ribs again. 54. Dr. Johnston unhooked E.M.’s bra and then had her lay on her back on the adjustment table while he stood next to her. 55. Dr. Johnston examined E.M.’s ribs and brushed his hands against the sides of E.M.’s breasts and across her nipples underneath her shirt and bra. 56. Dr. Johnston then stood at the end of the table next to E.M.’s head. 57. Dr. Johnston held E.M.’s wrists and extended her arms so that her arms were stretched above her head. 58. Dr. Johnston then repeatedly moved E.M.’s hands so they touched his erect penis. 59, The third time E.M.’s hand touched Dr. Johnston’s penis, E.M. heard Dr. Johnston's breath catch as if he were excited. 60. E.M. did not know what to say or do in response. 61. Dr. Johnston said, “that’s all I can think of to do.” 62. EM. attempted to verify whether her hip still made a clicking noise, while standing on one leg, she put her hand on Dr. Johnston's shoulder for balance, Page 9 of 17In Re: The Emergency Restriction ofthe License Of 63. Dr. Johnston moved closer and engaged E.M. in a sideways partial embrace. 64. E.M. informed Dr. Johnston that there was no improvement and her hip was still clicking. 65. Dr. Johnston, in a suggestive tone, replied “what do you think we should do about it?” 66. Dr. Johnston remained in the room while E.M. changed out of the boxer shorts. 67. Dr. Johnston reassured E.M. that the clicking noise was nothing to worry about. 68. Dr. Johnston then gave E.M. a light hug and said, “thank you for trusting me with your treatment.” 69. After the last appointment, E.M. thought about the events that transpired with Dr. Johnston and reported the incident to the Gainesville Police Department. 70. On March 19, 2021, Dr. Johnston was charged in Alachua County, Case No.: 2021-CF-000823 with Sexual Battery on a Person 18 Years or Older by a Person 18 Years or Older, a first-degree felony. Page 10 of 17Tne: The Emergency Restriction of the License Of {bn Joseph Johnston, B.C. cence No. GH 4010 (Case No: 2021-10899 71. Dr. Johnston’s conduct was cutside the scope of generally accepted treatment methods of chiropractic physicians. 72. Chiropractic physicians are entrusted by the public to provide treatment to patients in a manner that is safe and to protect their patients from harm. Dr. Johnston's actions towards his patient show that he does not have the judgment or moral character to hold a position of power or trust. Dr. Johnston violated the patient-physician relationship when he repeatedly engaged in sexual misconduct with Patient E.M. Dr. Johnston’s continued unrestricted practice as a chiropractic physician presents a risk of immediate, serious danger to the health, welfare, and safety of the public. 73. Dr. Johnston’s blatant disregard for the laws and rules regulating his profession indicates that his behavior is likely to continue. Furthermore, Dr. Johnston's escalating sexual misconduct and his apparent recognition that he could not behave in such a manner without concealing his conduct show that this behavior is likely to continue. Because of this risk of continuing sexual misconduct, Dr. Johnston’s continued unrestricted practice represents an immediate, serious danger to the public health and to patients under his care. 74, The Department considered a number of potential restrictions to Dr. Johnstons license before deciding that the most narrowly tailored restriction is Page 11 of 17Ine: The Emergency Restriction ofthe License Of {bn Joseph Johnston, B.C. Ucense No.: CH 4010 (Case No: 2021-10899 that Dr. Johnston must be prohibited from practicing as a chiropractic physician on female patients. A chaperone would not be effective as Dr. Johnston has shown a propensity to ensure he is alone with a female patient in order to commit sexual misconduct. A chiropractic physician is unable to provide treatment to patients via telemedicine due to the requirement to have physical contact for the treatment and adjustments. Therefore, there are no less restrictive means than the terms outlined in this Order that will adequately protect the public. 75. As a result, nothing short of the immediate restriction of Dr. Johnston's license to practice as a chiropractic physician on female patients will adequately protect the public. CONCLI INS O} ‘Ww Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows: 1. The State Surgeon General has jurisdiction over this matter pursuant to sections 20.43 and 456.073(8), Florida Statutes (2020), and chapter 460, as set forth above. Page 12 of 17Ine: The Emergency Restriction ofthe Lcense Of {ob Joseph Johnston, B.C. corse No. CH 4010 (Case No: 2021-10899 2. — Section 460.413(1)(ff), Florida Statutes (2020), authorizes discipline, including restriction, against chiropractors for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 3. Section 460.412, Florida Statutes (2020), prohibits sexual misconduct in the practice of chiropractic medicine and provides: The chiropractic physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of chiropractic medicine means violation of the chiropractic physician-patient relationship through which the chiropractic physician uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of chiropractic medicine is prohibited. 4, Rule #64B2-17.0021, Florida Administrative Code, provides in pertinent part that sexual misconduct between a chiropractic physician and a patient includes, but it is not limited to: a. The chiropractic physician/patient relationship is founded on the trust and confidence that a patient places in the chiropractic physician, and this rule is intended to prevent a chiropractic physician from taking advantage of that trust for the chiropractic physician’s own pleasure, satisfaction or benefit. To protect both the chiropractor and the patient, the Board recommends the presence of a third person during a chiropractic physician’s examination and treatment of a patient. s Page 13 of 17a Ine: The Emergency Restriction ofthe Loense OF John Joseph Johnston, B.C. conse No.: CH 4010 (Case No. 2021-10999, Sexual misconduct is any direct or indirect physical contact by any person or between persons which is intended or which Is likely to cause to either person stimulation of a sexual nature. Sexual misconduct includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. |. A licensee who fails to inform a patient when the licensee must touch the patient’s breasts or genitalia for diagnostic or therapeutic purposes, or a licensee who disregards a patient’s request that the licensee not touch the patient's breasts or genitalia, Is guilty of sexual misconduct. . A licensee who makes suggestive, lewd, or lascivious remarks to a patient or who performs suggestive, lewd, or lascivious acts in the presence of a patient is guilty of sexual misconduct. . A licensee who intentionally touches a patient's breasts or sexual organs for non-diagnostic or non-therapeutic purposes is guilty of sexual misconduct, regardless of whether the patient is clothed. A licensee who makes intentional contact with or who penetrates a patient’s oral, anal, or vaginal orifice with the licensee’s own sexual organ Is guilty of sexual misconduct. A licensee who makes intentional contact with or who penetrates a patient’s oral, anal, or vaginal orifice with any object for any purpose other than a professionally recognized diagnostic or therapeutic purpose is guilty of sexual misconduct. Rule 64B2-17.0021(8), Florida Administrative Code, provides: A patient is any person who was being examined or who was under the care or treatment of the chiropractic physician when the incident or incidents of sexual misconduct allegedly occurred, regardless of whether the person was billed by or was paying for chiropractic services from the licensee who is accused of sexual Page 14 of 17In Re: The Emergency Restrcton ofthe License OF John Joseph Johnston, D.C. Ucense No.: G4 4010 (ase No: 2021-10899 misconduct. A person shall be considered a patient until after one year has elapsed since the last date on which the chiropractic physician examined or treated the person. 6. Dr. Johnston violated section 460.413(1)(ff) by violating section 460.412 and/or Rule 64B2-17.0021, by engaging or attempting to engage in sexual misconduct with Patient E.M. by using his position of authority to touch and/or rub, E.M.’s breast, nipples, labia, clitoris, vagina, and buttocks; by penetrating E.M.’s vagina and by causing her hand to touch his penis. 7. Section 120,60(6) authorizes the Department to restrict a chiropractic physician's license if the Department finds that the chiropractic physician presents an immediate, serious danger to the public health, safety, or welfare. 8. Dr. Johnston’s continued unrestricted practice as a chiropractic physician constitutes an immediate serious danger to the health, safety, and welfare of the public, and this summary procedure is fair under the circumstances to adequately protect the public. WHEREFORE, in accordance with section 120.60(6), it is ORDERED THAT: Page 15 of 17Inge: The Eergeny Reston ofthe Lose OF John Joseph Johnston, D.C. Ucense No.: CH 4010 (Cese Wo. 2021-10089 1. The license of John Joseph Johnston, D.C., license number CH 4010, is hereby immediately restricted to prohibit Dr. Johnston from treating and interacting with female patients. 2. A proceeding seeking formal discipline of the license of John Joseph Johnston, D.C., to practice as a chiropractic physician in the State of Florida will be promptly instituted and acted upon in compliance with sections 120.569 and 120.60(6), Florida Statutes (2020). — DONE and ORDERED this 2% coy ont, 2021. Scott ivkees, State Surgeon General PREPARED BY: Elizabeth Tiernan, Esq. Florida Bar No. 127145 Assistant General Counsel Emergency Action Unit Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (P) 850-558-9902 (E) Elizabeth. Tiernan@fihealth.gov Page 16 of 17Ine: The Emergency Restriction of the License OF John Joseph Johnston, D.C cence No.: CH 4010 (Case No 2021-10899 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to sections 120.60(6) and 120.68, Florida Statutes (2020), the Department's findings of immediate danger, necessity, and procedural fairness shall be judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, and accompanied by a filing fee prescribed by law with the District Court of Appeal, and providing a copy of that Petition to the Department: of Health within thirty (30) days of the date this Order is filed. Page 17 of 17