v l;:4patientsafety.org/documents/johnson, laurance folkey... · 2019-02-24 · culp ability 2 9....

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

) ) ) )

LAURANCE FOLKEY JOHNSON, M.D.) Case No. 800-2016-022456

Physician's and Surgeon's Certificate No. G17l22

Respondent

) ) ) ) ) _______________ )

DECISION

The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision and Order of the Medical Board of California, Department of Consumer Affairs, State of California.

This Decision shall become effective at 5:00 p.m. on Februarv 22, 2019.

IT IS SO ORDERED: January 23, 2019.

MEDICAL BOARD OF CALIFORNIA

~~)!V ;;naJd. L;:: :n:,l13ir Panel A

XAVIER BECERRA Attorney General of California

2 E. A. JONES III . Supervising Deputy Attorney General

3 CINDY M. LOPEZ Deputy Attorney General

4 State Bar No. 119988 300 So. Spring Street, Suite 1702

5 Los Angeles, CA 90013 California Department of Justice

6 Telephone: (213) 269-6494 Facsimile: (213) 897-9395

7 Attorneys for Complainant

8 BEFORE THE

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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA


LAURANCE FOLKEY JOHNSON, M.D. 595 E. Colorado Blvd, #335 Pasadena, CA 91101-2039

Physician's and.,Surgeon's Certificate No. G 17122

Respondent.

Case No. 800-2016-022456

OAH No. 201806117

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

21 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

22 entitled proceedings that the following matters are true:

23 PARTIES

24 1. Kimberly Kifchmeyer (Complainant) is the Executive Director of the Medical Board

25 of California (Board). She brought this action solely in her official capacity and is represented in

26 this matter by Xavier Becerra, Attorney General of the State of California, by Cindy M. Lopez,

27 Deputy Attorney General.

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1

STIPULATED SETTLEMENT (800-2016-022456)

1 2. Respondent LAURANCE FOLKEY JOHNSON, MJ). (Responqe:nJ)isr~pr~.se.nted in

2 this proceeding by attorney Corey E. Krueger, whose address is: Er:icksen,Ar_b_uthr!9t; ~35

3 Wilshire Bhrd., 5th Floor, Los Angeles, CA 90017.

4 3. On or about September 12, 1969, the Boardis_~ued Physic.ianLs:t(P:d§Hrg~gg,:~-~ ...

. 5 Certificate No. G 17122 to Respondent. The Physician's and Surgeon's ~ert~fI<(a!~ }Y~ls _iri full

6 force and effect at all times relevant to the charges,br(?11_ghtjn/\~~usatiop N9~ ~OQ~ioJ6-022456, _

_ 7 and will expire on November 3 0, 2018; unless renewed, , _ . ,_. : .. ,,::

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JURISDICTION

Accusation No. 800-2016-022456 was filed before tb,e-BoC!rcl, &l:ldi~:.9llf.l:el1tly

1 O pending against Respondent. The Accusation and all other statutorily required documents were

11 properly served on Respondent on March 9, 2018. Respondent timely filedJiis ;t'l'otice,9f.Defense

contesting the Accusation. 12 - . . . . . - ' ~

13 ·_5.. A copy of Accusation No .. 800-2016.,.022456j_s.attachec1.as_exhibitA ;~tl:ckb1pmpori:ited

14 h_erein by i;eference.

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· -ADVISEMENT AND -WAIVERS,~, "'.: .. >. :<u1~; :;.:;_d <-.:l c.

Respondent has carefully read, folly dis9µ_ssed with c91Jl1,S@l; ari~)ID.d~r~t<md& the

17 charges and allegations in Accusation No. 800_-2016-022456. E,espondent has 'also cmefully read,

18 fully discussed with counsel, and understands the effects of this Stipulated Settlement and

19 Disciplinary Order.

20 7. Respondent is fully aware of his legal rights in this matter, including the right to a

21 - hearing on the charges and allegations in the Accusation; the righno confront"and cross:examine

22 the witnesses against him; the right to present evidence and to testify on his own behalf; the right . . .. .. .

23 to the issuance of subpoenas to compel the attendance of witnesses and the production of

24 -documents; the right to reconsideration and court review of an adverse decision; and all other

25 rights accorded by the California Administrative Procedure Act and other ~ppljcable la~s.

26 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

27 every right set forth above.

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STIPULATED SETTLEMENT (800~2016-022456)

CULP ABILITY

2 9. Respondent unaerstands and agrees that the charges and allegations in Accusation

3 No. 800-2016-022456, if proven at a hearing, constitute, cause for imposing discipline upon his

4 Physician's and Surgeon's Certificate.

5 10. For the purpose of resolving the Accusation wit.Q.ol:lt~hY ~xmm~:~.~~nA w:i-9e.r!~iIJ.ty of - . ·-·· -- - - - ,;.. -· ··- . - - _;.. -- ... . . -

6 further proceedings, Respondent agrees that, at a hearing, Compl~inam.fQJ.J.lP,~s~f!Plis~4i<:lf'!<;tual

7 basis for the charges in the Accusation, and that Respo119.ent hereby giyes :up his·:r~l].t1 ~o:·~<,mtest

8 thos~ charges.

9 11. Respondent agrees that his Physician's and Sl).rgeon's CertificaJ~ is sitbJ~ctJo::~·

1 O discipline and he agrees to be bound by the Board's probationary terms.as set,fort:h;in;th~c~, ·

11 Disciplinary Order below.

12 CONTINGENCY ..

13. · 12, " This stipulation shall be subject to approval by the Medical Board of California.

14 Respondent understands and agrees that counsel for Complainant.and th.e·:staff of;t~}!~MedicaL:!~~i:

15 Board of California may communicate directly.with the Boardreg~rdirtg~:thisis.tipJtlatioh:,and

1'6 settlement, without notice to or participation by RespondeQtor bJs ~punsel. By signing the

1 T stipulation, Respondent understands and agrees that he may not withdra,:w l;iis agr~~.m~J:J,t or ·seek

18 to. rescind the stipulation prior to the time the Board considers and.acts upo_n it, Jfthe .Bqard fails

19 ·to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary ·

20 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal

21 action between the parties, and the Board shall not be disqualified from farther: actien -by-having·

22 . considered this matter.

23 13. The parties understand and agree that Portable Document Format (PDF) <;lnd facsimile . . . . ~·; , .... \.--::.-~' -~··-~~- .. - ,,

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24 copie'S of this Stipulated Settlement and Disciplinary Order, includ~ng_PDF and.facsin:-ile ... . . . - . ' . I-"' .. •' • · •. .; " ·.• '. '-..~ : - ,J--- Y.~ -· : _ _, - ' ':..~ -

. 25 signatures thereto, shall have the same force and effect as the originals.

26 14. In consideration of the foregoing admissions and stipulations, the parties agree that

27 the Board may, without further notice or formal proceeding, issue and enter the fqllowing

28 Disciplinary Order:

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1 DISCIPLINARY ORDER

2 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate)~Jo. G:1}122j_s.sued

3 to Respondent Laurance Folkey Johnson, M.D. is revoked. However, the. ~e~ocation. is .stayed and

. 4 Respondent is placed on probation for five (5) years on the following t~flJls an.cl,cgn.d.itions.

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1. PROFESSIONALISM PROGRAM (ETHICS COURSE). Wi.thin.60_G1:ll.enq?,r,days of " .. - ····--· ,_ ·- - - . -

the effective date of this Decision, Respondent shall enroll in a, professjonaJisw.P-.rogr~m., that·

meets the requirements of Title 16, California Code of Regulations (CCR) s.~ctj9ri: U 5 _8. L . \

Respondent shall participate in and successfully complete that program .. Resp9ncient shall·

provide any information°and documents that the program may deem pertinent:· R~sponde_nt.shall

successfully complete the classroom component of the program not later than six (6) months after

Respondent's initial enrollment, and the longitudinal component of the progrctm not letter than the

time specified by the program, but no later than one (1) year,after attending the·classroon:·

component. The professionalism program shall be at R~spop.dent:s..~xper.i~~J'HJ.P shall be in

addition to the Continuing Medical Education (CME) req4irements_:fo:r n.~11¢:W~Lofilic~n.s.µr~. · .. : .-. . - ' - .. ., ~--. -· . ~

A professionalism program taken after the acts. that·gave ri~~:to_the_,Chfil.'g~l>:.iP~tb~{~,;L;

Accusation, but prior to the effective date of the Decision may; in the sole:"discxetion_ofahe Hoard

or its designee, be accepted towards the fulfillment of this condition if the programwould have

been approved by the Boar_d or its designee had the program been taken after the effee;tive date of

this Decision.

Respondent shall submit a certification of successful completion to the Board or it~

21 designee not later than 15 calendar days after successfully c6mpl'eting the prO'gram or hot fater ·

22 than 15 calendar days after the effective date of the Decision, whichever is later. ·

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2. PROFESSIONAL BOUNDARIES PROGRAM. Within 60 calendar days from the

effective date of this Decision, Respondent shall enroll.ina professioriai bbttrtdaties'pto:gram · -. .

approved in advance by the _Board or its designee. Resporldent, atthe progtairi'~s 7discretioli; sllall

undergo and complete the prOgram's assessment of Respondent's competency; inehtal health

. and/or neuropsychological performance, and at minimum, a 24-hour program of interactive

education and training in the area of boundaries, which takes into account data obtained' from the

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STIPULATED SETTLEMENT (Sbo~w l 6~02245 6)

1 ·assessment and from the Decision( s ), Accusation( s) and any other inform(iticm that .the Board or:

2 its designee deems relevant. The program shall ev(iluate Respond,ent atthe end.of.the training,, ·

3 and the program shall provide any data from the assessment and trainingas well c;is the.r.e.sultsof

4 the evaluation to the Board or its designee.

5 Failure to complete the entire program not later than six (6).~n:qnths. aft:~r:flespcmdent's

6 initial enrollment shall constitute a violation of probation unles.s the Bo.ard~m: its ,ciesigµe~agrees

7 in writing to a later time for completion. Based on Respondent's performance in arid evaluations

8 from the assessment, education, and training, the program shall advisetheBoard'orits designee

9 of its recommendation(s) for additional education, training, psychotherapy and other m.easures

10 necessary to ensure that Respondent' can practice medicine safely. Respondent sh?ll ~Qmply with . . .

11 program recommendations. At the completion of the program, Respqndent :slialL sµpmiJ :~o ci final.

12 evaluation. The program shall provide the results of the evaluation to the Board or its designee.

13 The professional boundaries program shall be at Respondent's.expense and:shal.Lbein.addition to

14 the Continuing Medical Education (CME) requirements for renewal of ric~nswe:;c;~;:·::-_ :_., ~:;.

15 The program has the authority to determine whether or notResponc;lepJsue,.c;es.s:Wlly .... c.

16 completed the program. • • '~ •• u .... :

17 A professional boundaries course taken after the a,cts that gave rise_to:th~sharge~jp the

18 Accusation, but prior to the effective date of the Decision may, in the sole discretion·of the Board - ' - .

19 ' or its designee, be accepted towards the folfillment of this condition if the course would have

20 been approved by the Board or its designee had ~he course been taken after the effective date of

21 this Decision.

22 3. PSYCHIATRIC EVALUATION. Within 30 calendar days of the effective date of

23 . t~is Decision, and on ·whatever periodic basis thereafter may be required by the B~~rd or its . . . -

24 designee, Respondent shall undergo and comp let~ a psychiatric evaluation (and psychological .... ..

25 testing, if deemed necessary) by a Board-appointed board certified psychiatrist, who shall

26 ·consider any information provided by the Board or designee arid any other information the

27 psychiatrist deems relevant, and shall furnish a written evaluation report to the Board or its

28 designee. Psychiatric evaluations conducted prior to the effective date of the Decision shall not

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be .accepted towards the fulfillment of this requirement. Respondent shall pay .the cost of all

2 psychiatric evaluations and psychological testing.

3 Respqndent shall comply with all restrictions or conditio.ns recommendecl' by the .ev:aluating

~ psychiatrist within 15 calendar days after being notified by the Board or ·its qe~ignee: . ;: .

5 4. PSYCHOTHERAPY. Within 60 calendar days of the effective.date of this. 'Decision,

6 Respondent shall submit to the Board or its designee for prior approval the name~nd . ·

7 qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who

8 has a doctoral degree in psychology and at least five years of postgraduate experience in the

9 diagnosis and treatmeneof emotional and mental disorders. Upon approval, Respondent.shall

1 O undergo and continue psychotherapy treatment, including any modifications to the frequency of

11 psychotherapy, u.rltil the Board or its designee deems that no further psychothe,rapy is necessary.

12 The psychotherapist shall consider any information provided by the Board or._ its designee

13 and any other information the psychotherapist deems relevant a1;1d shallJun:iish a w.:rlJtt(p: .- ....

14 evaluation report to the Board or its designee. Respo.ndent shall cooperate in providing the

15 psychotherapist with any information and documents that:the psychotberapistmay deem

16 pertinent.

17 Respondent shall have the treating psychotherapist submit quarterly status reports to the

18 Board or its designee. The Board or its designee may require Respondent to undergo psychiatric

19 evaluations by a Board-appointed board certified psychiatrist. If, prior to the c.ompletion of

20 probation, Respondent is found to be mentally unfit to resume the practice of medicine without

21 restrictions, the Board shall retain continuing jurisdiction overRespondent's license and the·

22 period of probation shall be extended until the Board determines that Respondent is mentally fit

23 to resume the practice of medicine without res~rictions. ._. ·~ _ .. - :

24 Respondent shall pay the cost of all psychotherapy and psychiatric evaluations.

25 5. · MONITORING-PRACTICE. Within 30 calendar days of the effective date of this

26 Decision, Respondent shall submit to the Board or its designee for prior approval as a practice

27 monitor, the name and qualifications of one or more licensed physicians and surgeons whose ..

28 licenses are valid and in good standing, and who are preferably American ~oard of,Medical . _.I

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STIPULATED SETTLEMENT (800~2016-022456)

·Specialties (ABMS) certified. A monitor shall have no prior or current business or personal

2 relationship with Respondent, or other relationship that could reasonably be expected to

3 compromise the ability of the monitor to render fair and unbiased reports to the Board, including.

4 .but not limited to any form of bartering, shall be in Respondent's field ofpra.ctic~, and 111~st agree

5 to serve as Respondent's monitor. Respondent'shall pay· all monitoring .costs.

6 The Board or its designee shall provide the approved monitor with copies of the,Dedsion(s)

7 . and Accusation, and a proposed monitoring plan. Within 15 calendar days of receipt of the,

8 Decision(s),Accusation(s), and proposed monitoring plan, the monitor shall submita signed

9 statement that the monitor has read the Decision(s) and Accusation(s), fully understand~ Jhe role

1 O of a monitor, and agrees or disagrees with the proposed monitoring plan. If the m,Qnitor d.isagrees

11 with the proposed monitoring plan, the monitor shall submit a reyised monitoring pl~n with the

12 signed statement for approval by the Board or its designee.

13 Within 60 calendar days of the effective date of this Decision, and continuing throughout

14 probation, Respondent's practice shall be monitored by the approved monitor. Re,.spo11dent shf,l.U.

15 lllake all records available for immediate illspection and copying on the premises byJpe, mo.nitor

16 at all times.during business hours and shall retain the records for.the entire term of probatiqn,

17 If Respondent fails to obtain approval of a monitor within 60 c(!.lendar days of the effective

18 date of this ·Decision, Respondent .shall receive a notification from the Board or its designee to

19 cease the practice of medicine within three (3) calendar days after being so notified. Respondent

20 shall cease the practice of medicine until a monitor is approved to provide monitoring

21 responsibility~

22 The monitor(s) shall submit a quarterly written report to the Board or its designee which

23 includes an evaluation of Respondent's performance, indicating whether Respondent's practices . . .

24 are within the standards of practice of medicine, and whether Respondent is.p;acticing medicine.

25 safely, billing appropriately or both. It shall be the sole responsibility of Respondent to ensure

26 that the monitor submits the quarterly written reports to the Board or its designee within 10

27 calendar days after the end of the preceding quarter.

28 If the monitor resigns or is no longer available, Respondent shall, within 5 calend~r days of

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1 such resignation or unavailability, submit to the Board or its designee, for prior' approval, the

2 name and qualifications of a replacement monitor who will be ass.urning thatrespop.si1Jility within

3 15 calendar days. If Respondent fails to obtain approval of a replacement monitor within 60

4 calendar days of the resignation or unavailability of the monitor, Respondent sh~llr~,ceive a ..

5 notification from the Board or its designee to cease the practice of medicine within three (3) ,

6 calendar days after being so notified. Respondent shall cease the practke of megjcine until a

7 ·replacement monitor is approved and assumes monitoring responsibility.

8 In lieu of a monitor, Respondent may participate in a professimjal enhancement program

9 approved in advance by the Board or its designee that includes, at minimum, quarterly _Ghart

1 O review, semi-annual practice assessment, and semi-annual review of professional growth and

11 education. Respondent shall participate in the professional enhancement program at Respondent's

12 expense during the term of probation.

13 6. NOTIFICATION. Within seven (7) day~ of~he effect~ve d~te_()f thi~p~.?i,~~'?11,,,~~e

14 Respondent shall provide a ttue copy. of this Decision .and Accusation to, the Chief of Staff 9r the·

J 5 Chief Executive Officer at every hospital where privileges or membership are extended to

16 Respondent, at any other facility where Respondent engages in th~ practice. ofmedkine, .

17 including all physician and locum tenens registries or other sim~lar agencies, and to the Chief

18 Executive Officer at every insurance carrier which extends malpractice insurance coverage to

19 Respondent. Respondent shall submit proof of compliance to the Board or its designee Within 15

20 calendar days.

21 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.

22 7. SUPERVISION OF PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE

23 NURSES. During probation, Respondent is prohibited from supervising physician assistants and

24 advanced practice nurses.

25 8. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules·

26 governing the practice of medicine in California and remain in full compliance with any court·

27 ordered criminal probation, payments, and other orders.

28 9. . QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations

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tinder penalty of perjury on forms provided by the Board, stating whether there. has been

2 compliance with all the conditions of probation.

3 Respondent shall submit quarterly declarations not later than 10 calendar days after the end

4 of the preceding quarter.

5 10. GENERAL PROBATION REQUIREMENTS.

6 Compliance with Probation Unit

7 Respondent shall comply with the Board's probation unit.

8 Address Changes

9 Respondent shall, at all times, keep the Board informed of Respondent's business and

10 residence addresses, email address (if available), and telephone number. Changes of su9h

11 addresses shall be immediately communicated in writing to the Board or its designee. Under no

12 circumstances shall a post office box serve as an address of record, except as allowed by Business

13 and Professions Code section 2021 (b ).

14 Place of Practice -~._,·. .,._ ' . . . ~ .. ,__.. ..:_ ....

15 Respondent shall not engage in the practice of medicine in Respondent's or patient's place

16 of residence, unless the patient resides in a ·skilled nursing facility or other similar li¢ensed

17 facility.

18 License Renewal

19 Respondent shall maintain a current and renewed California physician's and surgeon's

20 · license.

21 , Travel or Residence Outside California

22 Respondent shall immediately inform the Board or its designee, in writing, of travel to any

23 areas outside the jurisdiction of California which lasts,. or is contemplated to last, more than thirty

24 (30) calendar days.

25 In the event Respondent should leave the State of California to reside or to piadice, ·

26 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the. dates of

27 departure. and return.

28 11. INTERVIEW WITH THE BOARD OR ITS DESIGNEE.. Respondent shall be

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STIPULATED SETTLEMENT (800~2016-022456).

1 available in person upon request for foterviews either at Respondent's place of busi!}ess or at the

2 probation unit office, with or without prior notice throughout the t~rm·ofprobatio~.

3 "12. NON-PRACTICE WHILE ON PROBATION.. Responde~t shqllnotify the 13oatd or

4 its designee in writing within 15 calendar days of ci.ny periods of non-prac~i~e)asting mo.re than ..

5 30 calendar days and within 15 calendar days of Respondent's return to p:r:actice; Non-:practice is

6 defined as any period of time Respondent is not practicing medicine as defit1J~~d in ;Business.and

7 Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month in direct

8 patient care, clinical activity or teaching, or other activity as approved by the.Board. If-

9 Respondent resides in California and is considered to be in non-practice, Respondent shall

10 comply with all te~ms and conditions of probation. All time spent in .an int~nsive trn.ininK

11 program which has been approved by the Board or its designee shall 11.ot be consi4ered non-

12 practice and does not relieve Respondent from complying with all the terms and cbnditi·ons of .

13 probation. Practicing medicine in another state ofthe.UnitedSt&tes or Feder;;iljurisd.ictioi:uvhile

f4 on probation with the medical licensing authority of that state pr jurisdiction:shallp.ot be

15 considered non-practice. A Board-ordered suspension of practice shall not be considered as a

16 ' period of'non-practice .

. 17 In the event Respondent's period of non-practice while on probation exceeds 18 calendar

18 months, Respondent shall successfully complete the Federation of State Medical Boards'.s Special

19 ·Purpose Examination, or, at the Board's discretion, a clinical competence assessment program

20 that meets the criteria of Condition 18 of the current version of the Board's "Manual of Model

21 Disciplinary Orders and Disciplinary Guidelines" prior to resuming the practice of medicine .

. 22 Respondent's period of non-practice while on probation shall not exceed two (2) years.

23 Periods of non-practice will not apply to the reduction of the probationary term.

24. Periods of non-practice for a Respondent residing outside of California will relieve

25 Respondent of the responsibility to comply with the probationary terms and conditions with the

26 · exception of this condition and the following terms and conditions of probatiQn: Obey All Laws;

27 General Probation Requirements; Quarterly Declarations; Abstain from the Use of Alcohol and/or

28 Controlled Substances; and Biological Fluid Testing.

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1 13. COMPLETION OF PROBATION. Respondent shall comply with all fi?-ancial

2 obligations (e.g., restitutfon, probation costs) not later than 120 calendar days prior to the

3 completion of prC?bation. Upon successful completion of probation, Respondent's certificate shall

4 be fully restored.

5 14. VIOLATION OF PROBATION. Failure-to fully comply with any term or condition

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of probation is a violation of probation. If Respondent violates probation in any respect, the

Board, after giving Respondent notice and the opportunity to be hearc;l, may revoke probation anq

carry out the disciplinary order th8;t was stayed. If an Accusation, or Petition to Revoke Probation,

or an Interim Suspension Order is filed against Respondent during probation, the Board shall have

continuing jurisdiction until the matter is final, and the period of probation shall be extended until

the matter is final.

12 15. LICENSE SURRENDER. Following the effective date of this Decision, if

13 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy

14 the terms and conditions of probation, Respondent may request to surrender his qr her license.

15 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in

16 determining whether or not to grant the request; or to take any other action deemed appropriate

17 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent ·

18 shall within 15 calendar days deliver Respondent's wallet and wall' certificate to the Board or' its

19 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject

20 to the terms and conditions of probation. If Respondent re-applies for a medical license, the

21 application shall be treated as a petition for reinstatement of a revoked certificate.

22 16. PROBATION MONITORING COSTS. Respondent shall pay the costs associated

23 with probation monitoring each and every xear of probation, as designated by the Board, which

·24 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board qf

25 California and delivered to the Board or its designee no later than January 31 of each calendar

26 year.

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STIPULATED SETTLE.MENT (800-201.6-022456)

ACCEPTANCE

2 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

3 discussed it with my attorney, Corey E. Krueger. I understand the stipulation and the effect it ·will

4 have on my Physician's and Surgeon's Certificate. I enter into this Stipulated ~ettlement a.fi,d

5 Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the.

6 Decision and Order of the Medical Board of California.·

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DATED: j J-,dt [\(' LAURANCEFOLKEY• Respondent

10 . I have read and fully discussed with Respondent LAURANCE FOLKEY JOHNSON, M.D.

11 the terms ahd conditions and other matters contained in the above Stipul~ted Settlement and ..

12 Disciplinary Order. I approve its form and content~

DATED: 13

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16 ENDORSEMENT r•'" -.

17 The foregoin~ Stipulated Settlement and Disciplinary Order is hereby respectfully

18 submitted for consideration by the Medical Board of California.

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Dated: J- ~. / lJ: ·

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Respectfully submitted,

XAVIER BECERRA Attorney General of Califorhla E. A.JONES III . . ·. . . . ; .. Supervising Dep~ty Attorney Generah::.\. ·~. ),,

~~· ·. m. ~~·:'~#~)'~. ·.· CINDY M. LOPEZ · :: · ';, ~ ~:~ Deputy Attorney General >' : · Attorneys for Complainant · ~ : · ;,:,~ ~:~i>''. · ~ ·'

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, .... -.-- •, _.

Exhibit A

· Accusation No. 800-20t6..:022456

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XAVIER BECERRA Attorney General of California E. A. JONES III Supervising Deputy Attorney General CINDY M. LOPEZ Deputy Attorney General State Bar No. 119988

California Department of Justice 300 So. Spring Street, Suite 17.02 Los Angeles, CA 90013 Telephone: (213) 269-6494 Facsimile: (213) 897-9395

Attorneys for Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA


Laurance Folkey Johnson, M.D. 595 E. Colorado Blvd, #335

· Pasadena, CA 91101-2039

Physician's and Surgeon's Certificate No. G 17122, .

Respondent.

Case No. 800-2016-022456

A.C C US AT. I 0 N

18 Complainant alleges:

19 PARTIES

20 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official

· 21 capacity as the Executive Director of the Medical Board of California, Department of Consumer

22 Affairs (Board).

23 · 2. On or about September 12, 1969, the Medical Board issued Physician's and Surgeon's

24 Certificate Number G 17122 to Laurance Folkey Johnson, M.D. (Respondent). The Physician's

25 and Surgeon's Certificate was in full force and effect at all times relevant to the charges brought

26 herein and will expire on November 30, 2018, unless renewed.

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(LAURANCE FOLKEY JOHNSON, M.D.) ACCUSATION NO. 800-2016-02245

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JURISDICTION

This Accusa~ion is brought before the·Board, under the authority of the following

3 laws. All section references are to the Business and Professions Code unless otherwise indicated.

4 4. Section 2227 of the Code provides that a licensee who is fQund guilty under the

· 5 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed

6 one year, placed on probation and required to pay the costs of probation monitoring, or such other

7 action taken in relation to discipline as the Board deem~ proper.

8 5. Section 2234 of the Code, states:

9 · "The board shall take action against any licensee who is charged with unprofessional

1 O conduct. In addition tO other provisions of this article, unprofessional conduct includes, but is not

11 limited to, the following:

12 "(a) Violating or attempting.to violate, directly or indirectly, assisting in or abetting the

13 violation of, or conspiring to violate any provision of this chapter.

14 "(b) Gross negligence.

15 "(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or

16 omissions. An_ initial negligent act or omission followed by a separate and distinct departure from

17 the applicable standard of care shall constitute repeated negligent acts.

· 18 "( 1) An initial negligent diagnosis followed by an act or omission medically appropriate

19 for that negligent diagnosis of the patient shall constitute a single negligent act.

20 "(2) When the standard of care requires a change in the diagnosis, act, or omission that

21 constitutes the negligent act described in paragraph (1), including, but not limited to, a

22 reevaluation of the diagno.sis or a change in treat!Ilent, and the licensee's conduct departs from the

23 applicable standard of care, each departure constitutes a separate and distinct breach ofthe

24 standard of care .

.25 "( d) Incompetence.

26 "( e) The commission of any act involving dishonesty or corruption which is substantially

27 related to the qualifications, functions, or duties of a physician and surgeon.

28 "(f) Any action or conduct which would have warranted the denial of a certificate.

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"(g) The practice of medicine from this state into another state or country without meeting

2 · the legal requirements of that state or country for the practice of medicine. Section 2314 shall not

3. apply to this subdivision. This subdivision shall become operative upon the implementation of the

4 proposed registration program described in Sectio!} 2052.5.

5 "(h) The repeated failure by a certificate holder, in the absence of good cause, to attend and

6 participate in an interview by the board. This subdivision shall only apply to a certificate holder

7 . who is the subject of an investigation by the board."

8 6. Section 820 of the Code states:

9 "Whenever it appears that any person holding a license, certificate or -permit under this

1 O division or under any initiative act referred to in this division may be unable to practice his or her

11 profession safely because the licentiate's ability to practice is impaired due to mental illness, or

12 physical illness affecting competency, the licensing agency may order the licentiate to be

13 examined by one or more physicians and surgeons or psychologists designated by the agency.

14 The report of the examiners shall l;>e made available to the licentiate and may be received as direct

15 evidence in proceedings con~ucted pursuant to Section 822."

16 7. Section 822 of the Code states:

17 "If a licensing agency determines that its licentiate's ability to practice his or her

18 profession safely is impaired because the licentiate is mentally ill, or physically ill affecting

19 competency, the licensing agency may take action by any one of the following methods:

20 "(a) Revoking the licentiate's certificate or license.

21 "{b) Suspending the licentiate's right to practice.

22 "(c) Placing the licentia.te on probation.

23 "(d) Taking such other action in relation to the licentiate as the licensing agency in its

24 · discretion deems proper.

. 25 "The licensing section shall not reinstate a revoked or suspended certificate or license until

26. it has receiv~d competent evidence of the absence or control of the condition which caused its

27 action and until it is satisfied that with due regard for the public health and safety the person's

28 right to practice his or her profession may be safely reinstated."

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CAUSE FOR DISCIPLINE

/ (Mental Impairment)

Respondent Laurance Folkey Johnson;M.D. is subject to disdplinary action under

4 Code sections 820 and 822 in that he suffers from a condition that makes him unsafe to practice

5 medicine. The circumstances are as follows:

6 A. The Board received a complaint from patient A. In about March 2016, patient A.

7.. made an appointment to see Respondent because she was experiencing anxiety and depression.

. 8 She went to see him in Pasadena; there was no receptionist or anyone else in the office. Patient

9 A. filled out paperwork but no vital signs were taken.

·10 B. During the session, Respondent ask~d patient A. questions about school and family,

11 but he would interrupt her and tell her about women he dated, vacations with girlfriends and

12 inappropriately t!)ld her about a woman he dated who would orgasm every time he kissed her.

13 C. Respondent suggested that patient A. take Xanax, and when she asked if it was

14 addicting, he said only for those with an addictive personality, so she declined. Respondent told

15 patient A. she was attractive and suggested she come back to see him. She never did.

16 D. Based on the complaint, Investigator F.M.G. asked for the records of patient A. from

17 Respondent. The ii:ivestigator called· and spoke with Respondent on the phone, and he told her he

18 . had been treating patient A. for over 20 years; that was not true. They agreed to the date .of

19 March 14, 2017, for a subject interview. Later in the day Respondent called back and asked for

20 the patient's name again .. He called again on February 24, 2017, and asked for the patient's name

·21 yet again. On February 27, 2017, he asked Investigator F.M.G. for.treatment dates because he

22 could not find the patient's records.

23 E. On February 28, 2017, Investigator F.M.G. received a phone message from Mr. K.,

24 stating he was Respondent's attorney and explaining that Respondent did not remember talking to

25 the investigator about the interview.

26 F. On March 3, 2017, Investigator F.M.G. spoke with Mr. K. The Respondent tqld his

27 attorney he did not recall patient A., or ever treating her, and Respondent was confused about the

28 subject interview since he did not remember agreeing to one. The investigator explained to Mr.

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K. that she spoke with Respondent several times, and Respondent spoke to others in the office.

2 Based on this behavior, Investigator F.M.G. was concerned about his mental status so she asked

3 Mr. K. if Respondent would agree to a voluntary mental evaluation pursuant to Business and

4 Professions Code section 820.

5 G. Respondent agreed to the voluntary mental and physical evaluation. On June 3, 2017,

6 Dr. B. performed a mental evaluation of Respondent. During Dr. B's evaluation, Respondent

7 informed him that he did not remember treating patient A., although Respondent had spoken with

8 the investigator and others in her office about this patient. ·

9 H. As part of the evaluation, Dr. C., a psychologist, gave Respondent some

10 neuropsychological tests. The findings were significant in that she found Respondent's

11 performance in the areas of executive functioning, problem solving, and conceptual r~asoning

12 was far below average. She also found that the r~sults of the testing were consistent with

13 frontotempqral dementia and supported a finding of DSM-5 diagnosis for unspecified

14 neurocognitive disorder.

15 I. Dr .. B. 's evaluaFion showed Respondent has dementia, and that there are significant

16 deficits in his short and long- term memory. Dr. B. opined that Respondent is not competent to

17 practice medicine due to evidence of anxiety, adjustment disorder ap.d frontotemporal dementia,

18 which includes significant memory impairment.

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20 PRAYER

21 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

22 and that following the hearing, the Medical Board of California issue a decisio.n:

23 1. Revoking or suspending Physiciari's and Surgeon's Certificat~ Number G 17122,

24 issued to Laurance Folkey. Johnson, M.D.;

25 2. Revoking, suspending or denying approval of Laurance Folkey Johnson, M.D.'s

26 authority to supervise physician assistants and advanced practice nurses;

27 3. Ordering Laurance Folkey Johnson, M.D., if placed on probation, to pay the Board

28 the costs of probation monitoring; and

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4. Taking such other and further action as deemed necessary and prop~r. ·

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3 DATED: March 9, 2018

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LA2017 605624 62690531.docx

Executive Dir ctor Medical Board of California Department of Consumer Affairs State of California Complainant

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