California Revokes License of
Bennie S. Johnson, D.O.

Stephen Barrett, M.D.


In April 2017, the Osteopathic Medical Board of California revoked the license of Bennie S. Johnson, D.O. and ordered him to pay $20,000 to reimburse the board for the cost of its enforcement action. In 2016, the board charged him with with gross negligence, repeated negligence, and general unprofessional conduct in connection with his management of four patients at the pH Miracle Center. The center is owned and operated by Robert O. Young, an unlicensed man who obtained a naturopathic "degree" from a non-accredited correspondence school. In 2016 and 2017, Young was convicted of practicing medicine without a license.

The accusation against Johnson (shown below) states that he (a) failed to adequately evaluate, treat, and monitor the patients; (b) lacked the training needed to manage their care; and (c) should have consulted with or referred the patients to cancer specialists. Even though this was the first time Johnson had been in trouble, these charges were upheld by an administrative law judge who concluded:

There is no evidence that respondent appreciates or understands that he engaged in gross negligence and repeated negligent acts in his care and treatment of the patients. There is no evidence that he has changed his practice of medicine. There is no evidence that respondent has taken steps to assure that he does not make the same mistakes in the future. Further, respondent challenged the board's jurisdiction, questioning the board's authority over his practice of medicine. As such, there is no evidence that he would comply with the terms and conditions of probation. Considering the foregoing, it was not established that respondent is rehabilitated; and, it would be contrary to the public interest to allow respondent to retain his physician's and surgeon's certificate to practice medicine.

Johnson and Young are facing a suit by Dawn Kali, who claims that her breast cancer progressed from stage I (localized and easily treatable) to stage IV (widely spread) because she followed Young's advice. Kali appears to be identified by the initials "D.K." in the board's complaint. Her lawsuit alleges:

Johnson is also licensed in Georgia. His entry in the Georgia Medical Board lists non-accredited First National University of Naturopathy among his sources of postgraduate education.


KAMALA D. HARRIS
Attorney General of California
MATTHEW M. DAVIS
Supervising Deputy Attorney General
JASON J. AHN
Deputy Attorney General
State Bar No. 253172
600 West Broadway, Suite 1800
San Diego. CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: (619) 738-9433
Facsimile: (619) 645-2061

Attorneys for Complainant

BEFORE THE
OSTEOPATHIC MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA

In the Matter of the Accusation Against:

BENNIE S. JOHNSON, D.O.
227 N. El Camino Real, # 20-IA
Encinitas, CA 92024

Osteopathic Physician and Surgeon
License No. 20A4160

Respondent.


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Case No.00-2013-003759

ACCUSATION

 

FILED JULY 14, 2016

Complainant alleges:

PARTIES

. Angelina M. Burton (Complainant) brings this Accusation solely in her official capacity as the Executive Director of the Osteopathic Medical Board of California.

2. On or about July 30, 2010, the Osteopathic Medical Board of California (Board) issued Osteopathic Physician's and Surgeon's Certificate No. 20A11324 10 Bennie S. Johnson, D.O. (respondent). The Osteopathic Physician's and Surgeon's Certificate No. 20A11324 was in full force and effect at all times relevant to the charges brought herein and will expire on November 30, 2017, unless renewed.

JURISDICTION

3. This Accusation is brought before the Board, under the authority of the following laws. All section references are to the Business and Professions Code (Code) unless otherwise indicated.

4. Section 3600 of the Code states;

"The law governing licentiates of the Osteopathic Medical Board of California is found in the Osteopathic Act and in Chapter 5 of Division 2, relating to medicine."

5. Section 3600-2 of the Code states:

"The Osteopathic Medical Board of California shall enforce those portions of the Medical Practice Act identified as Article 12 (commencing with Section 2220), of Chapter 5 of Division 2 of the Business and Professions Code, as now existing or hereafter amended, as lo persons who hold certificates subject to the jurisdiction of the Osteopathic Medical Board of California, however, persons who elect to practice using the term or suffix "M.D.'' as provided in Section 2275 of the Business and Professions Code, as now existing or hereafter amended, shall not be subject to this section, and the Medical Board of California shall enforce the provisions of the article as to persons who make the election. After making the election, each person so electing shall apply for renewal of his or her certificate to the Medical Board of California, and the Medical Board of California shall issue renewal certificates in the same manner as other renewal certificates are issued by it."

6. Section 2227 of the Code states:

"(a) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default hos been entered, and who is found guilty. or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter:

"(1) Have his or her license revoked upon order of the board.

"(2) Have his or her right to practice suspended for a period not to exceed one year upon order of the board.

''(3) Be placed on probation and be required to pay the costs of probation monitoring upon order of the board.

''(4) Be publicly reprimanded by the board. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board.

''(5) Have any other action taken in relation to discipline as part of an order of probation, as the board or an administrative law judge may deem proper.

"(b) Any matter heard pursuant to subdivision (a), except for warning letters, medical review or advisory conferences, professional competency examinations, continuing education activities, and cost reimbursement associated therewith that are agreed to with the board and successfully completed by the licensee, or other matters made confidential or privileged by existing law, is deemed public, and shall be made available to the public by the board pursuant to Section 803.1."

7. Section 2234 of the Code, states:

"The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:

"(b) Gross negligence.

"(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts.

"(1) An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.

"(2) When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1), including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the Licensee's conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care.

". . . "

8. Section 480 of the Code states, in pertinent part:

"A board may deny a license regulated by this code on the grounds that the applicant has one of the following:

". . .

(3)(A) Done any act that if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.

". . ."

9. Unprofessional conduct under Code section 2234 is conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming to a member in good standing of the medical profession, and which demonstrates an unfitness to practice medicine. (Shea v. Board of Medical Examiners (1978) 81 Cal.App3d 564, 575.)

COST RECOVERY

10. Section 125.3 of the Code provides, in pertinent part, that the Board may request the administrative law judge to direct a licentiate found lo have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.

FIRST CAUSE FOR DISCIPLINE

(Gross Negligence)

11. Respondent has subjected his Osteopathic Physician's and Surgeon's Certificate No. 20A11324 to disciplinary action under sections 2227 and 2234, as defined by section 2234, subdivision (b), of the Code, in that he committed gross negligence in his care and treatment of patients R.K., M.K., NJ{., and D.K., as more particularly alleged herein:

12. Respondent started working at pH Miracle Center, located in Valley Center, California (pH Miracle Center) in or around June 2012.

Patient R.K

13. Prior to receiving medical care at pH Miracle Center, patient R. K. had been diagnosed with right breast cancer in or around August 2012 and has had a lumpectomy.1

1Lumpectomy is a surgical operation in which a lump is removed from the breast, typically when cancer is present, but has not spread.

14. On or about August 27, 2012, patient R.K. began receiving medical care at pH Miracle Center. Respondent failed to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient R.K.

15. During treatment of patient R.K.1 respondent failed to obtain a history or conduct physical examinations, periodically.

16. On or about August 27, 2012, respondent ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient R.K. Based on the results of the August 27, 2012, full body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. Breast Ultrasound;
  2. Abdominal and Pelvic Ultrasound;
  3. Colon, gallbladder, and liver cleanses;
  4. Proper hydration and exercise; and
  5. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

On or about August 27, 2012, respondent ordered and/or directed and/or approved administration of bilateral lower extremity venous ultrasound, hi lateral lower extremity arterial ultrasound, bilateral breast ultrasound, and carotid ultrasound on patient R.K.

18. On or about August 29, 2012, respondent ordered and/or directed and/or approved administration of intravenous therapy (IV therapy) on patient R.K. Respondent prescribed 50 mL of Sodium Bicarbonate, 10 mL of Magnesium Chloride, and 5 mL of N-Acetylcysteine. After IV therapy was initiated on patient R.K., respondent failed lo properly monitor the fluid input and output of patient R.K. Respondent also foiled lo examine any signs or symptoms of fluid overload in patient R.K., such as swelling in the legs, crackles in the lungs,2 and shortness of breath. In addition, respondent failed to monitor patient R.K. 's weight on a weekly basis, in order to ensure that she was not gaining weight from too much fluid.

2Crackles in the lungs are sounds emitted during a lung exam, indicating fluid in the lungs.

19. On or about September 3, 2012, respondent again ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient R.K. Based on the results of the September 3, 2012, full body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. Breast Ultrasound;
  2. Proper hydration and exercise; and
  3. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

On or about September 3, 2012, respondent ordered and/or directed and/or approved administration of right lower extremity arterial ultrasound and right breast ultrasound on patient R.K.

21. On or about September 10, 2012, respondent again ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient R.K. Based on the results of the September 10, 2012, full body medical diagnostic ultrasound and therrnography, respondent made the following recommendations, among others:

  1. Breast Ultrasound;
  2. Proper hydration and exercise; and
  3. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

22. On or about September10, 2012, respondent ordered and/or directed and/or approved administration of right breast ultrasound, right lower extremity arterial ultrasound, abdominal and pelvic ultrasound, and thyroid ultrasound on patient R.K.

23. Respondent committed gross negligence in the care and treatment of patients R.K., which included, but was not limited to, the following:

  1. Respondent failed to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient R.K.
  2. During treatment of patient R.K., respondent failed to obtain a history or conduct physical examinations, periodically.

Patient M.K.

24. Prior to receiving medical care al pH Miracle Center, patient M.K. had a history of bladder cancer and kidney cancer with metastases to the spine, liver, and lungs. She has had multiple surgeries, radiation treatments, and multiple small bowel obstructions due lo adhesions. 25. On or about July 15, 2012, patient M.K. begun receiving medical care at pH Miracle Center. Respondent failed to conduct a obtain history or conduct a complete physical examination, before initiating treatment on patient M.K.

26. During treatment of patient M.K., respondent failed to obtain a history or conduct physical examinations, periodically.

27. On or about July 16, 2012, respondent ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography.

28. Based on the results of the July 16, 20] 2, full body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. Breast Ultrasound;
  2. Abdominal and Pelvic Ultrasound;
  3. Colon, gallbladder, and liver cleanses;
  4. Proper hydration and exercise; and
  5. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

On or about July 16, 2012, respondent ordered and/or directed and/or approved administration of bilateral lower extremity venous ultrasound, thyroid ultrasound, carotid ultrasound, bilateral breast ultrasound, bladder ultrasound, abdominal ultrasound, and bilateral lower extremity arterial ultrasound on patient M.K.

30. On or about July 23, 2012, respondent again ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient M.K. Based on the results of July 23, 2012, full body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. Proper hydration and exercise; and
  2. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

31. On or about July 23, 2012, respondent ordered and/or directed and/or approved administration of Intravenous therapy (TV therapy) on patient M.K. Respondent prescribed 500 ml. of 0.45%, saline, 75 ml, of Sodium Bicarbonate, 10 mL of Magnesium Chloride, and insulin, once a week.

32. On or about Jul 23, 2012, after IV therapy was initiated on patient M.K,, respondent failed to properly monitor the fluid input and output of patient M.K. Respondent also failed to examine any signs or symptoms of fluid overload in patient M.K., such as swelling in the legs, crackles in the lungs, and shortness of breath. In addition, respondent failed to monitor patient M,K. 's weight on a weekly basis, in order to ensure that she .. vas not gaining weight from too much fluid.

33. On or about July 23, 2012, respondent also prescribed chemotherapy drugs. Specifically, respondent prescribed to patient M.K, 2 ml of Cisplatin and 2 mL of Cyclophospharnide, once a week. Thereafter, respondent failed to monitor patient M.K. for a possible hemorrhagic cystitis (blood in the urine), a possible complication from Cyclophosphamide; respondent fail eel to ask patient M.K. about possible side effects from Cisplatin and Cyclophospharnide: and respondent failed to conduct adequate and regular monitoring to check patient M.K.'s kidney function. Respondent has inadequate training in Oncology.

34. On or about July 30, 2012, respondent again ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient M.K. Based on the results of the July 30, 2012, full body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. Proper hydration and exercise; and
  2. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

35. On or about August 6, 20 l 2, respondent again ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient M.K. Based on the results of the August 6, 2012, full body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. Proper hydration and exercise; and
  2. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

36. On or about August 6, 2012, respondent ordered and/or directed and/or approved administration of Intravenous therapy (IV therapy) on patient M.K. Respondent added 4 mL of DMSO and 2 ml. of Cesium. Thereafter, respondent failed to properly monitor the fluid input and output of patient M.K. Respondent also failed to examine any signs or symptoms of fluid overload in patient M.K., such as swelling in the legs, crackles in the lungs, and shortness of breath. In addition, respondent failed to monitor patient M.K.'s weight on a weekly basis, in order to ensure that she was not gaining weight from too much fluid.

37. Respondent committed gross negligence in the care and treatment of patient M.K., which included, but was not limited to, the following:

  1. Respondent failed to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient M.K.:
  2. During treatment of patient M.K., respondent faded to obtain a history or conduct physical examinations, periodically; and
  3. Without proper monitoring of patient M.K. or adequate training in Oncology, on or about July 23, 2012, respondent prescribed chemotherapy drugs, 2 ml. of Cisplatin and 2 ml, of Cyclophosphamide, to patient M.K.

Patient N.H.

38. Prior to receiving medical care at pH Miracle Center, patient N.H. was diagnosed with left breast cancer in November 20 l 0. Patient N.H. underwent left breast mastectomy and radiation therapy. The cancer recurred in April 2012 and was widely metastatic.

39. On or about July 30, 2012, patient N.H. began receiving medical care at pH Miracle Center. Respondent failed to obtain a thorough history or conduct a complete physical exam, before initiating treatment on patient N.H.

40. During treatment of patient N.H., respondent failed to obtain a history or conduct physical examinations, periodically.

41. On or about July 30, 2012, respondent ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient N .H. Based on the results of the July 30, 2012, full body medical diagnostic ultrasound and thermography. respondent made the following recommendations, among others:

  1. MRI:
  2. Breast Ultrasound;
  3. Abdominal and Pelvic Ultrasound;
  4. Colon, gallbladder, and liver cleanses;
  5. Proper hydration and exercise; and
  6. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

On or about August 27, 2012, respondent again ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient N.H.. Based on the results of the August 27. 2012, fall body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. MRI;
  2. Breast Ultrasound;
  3. Abdominal and Pelvic Ultrasound;
  4. Colon, gallbladder, and liver cleanses;
  5. Proper hydration and exercise; and
  6. Consultation with a qualified health care professional on environmental. lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

4J. Between on or about August 11 2012 and on or about October 151 2012, respondent ordered and/or directed and/or approved administration of Intravenous therapy (IV therapy) on patient N.H. Respondent prescribed to patient N. H., 500 mL of 0.45% normal saline, 100 mL of sodium bicarbonate, 10 mL of Magnesium Chloride. N-Acetylcysteine, Glutathione, Phosphatidylcholine, and insulin. After IV therapy was initiated on patient N.R, respondent failed to properly monitor the fluid input and output of patient N.H. Respondent also foiled to examine any signs or symptoms of fluid overload in patient N.H, such as swelling in the legs, crackles in the lungs, and shortness of breath, In addition, respondent foiled to monitor patient N.H.'s weight on u weekly basis, in order to ensure that she was not gaining weight from loo much fluid.

44. On or about October 16, 2012., respondent also prescribed l mL of Cisplatin, a chemotherapy drug. Thereafter, respondent failed to administer regular blood tests on patient NJL in order to monitor any abnormalities such as bone marrow suppression and kidney failure: respondent failed to ask patient N.H, about possible side effects from Cisplatin. Respondent has inadequate training in Oncology.

45. Respondent committed gross negligence in the care and treatment of patient N.H., which included, but was not limited to, the following:

  1. Respondent failed to obtain a thorough history or conduct a complete. physical examination, before initiating treatment on patient N.H.;
  2. During treatment of patient N.H., respondent failed to obtain a history or conduct physical examinations, periodically; and
  3. Without proper monitoring of patient N.H. or adequate training in Oncology, on or about October 16, 20121 respondent prescribed a chemotherapy drug, 1 mL of Cisplatin, to patient N.H.

Patient D.K.

46. Prior to receiving medical care at pH Miracle Center, patient D.K. had a history of left breast cancer. She had a left lumpectomy in August 2012.

47. On or about September 7, 2012, patient D.K. began receiving medical care at pH Miracle Center. Respondent failed to obtain a thorough history or conduct a complete physical exam, before initiating treatment on patient D.K.

4&. During treatment of patient D.K., respondent failed to obtain ti history or conduct physical examinations, periodically.

49. On or about September 7, 2012, respondent ordered and/or directed and/or approved administration of a full body medical diagnostic ultrasound and thermography on patient DK.Based on the results of the September 7, 2012, full body medical diagnostic ultrasound and thermography, respondent made the following recommendations, among others:

  1. Thyroid Ultrasound;
  2. Breast Ultrasound;
  3. Abdominal and Pelvic Ultrasound;
  4. Colon, gallbladder, and liver cleanses;
  5. Proper alkaline hydration and exercise; and
  6. Consultation with a qualified health care professional on environmental, lifestyle, and nutritional practices to support breast health and consideration of preventative treatment.

50. On or about February 12, 2013, respondent ordered and/or directed and/or approved administration of Intravenous therapy (IV therapy) on patient D.K. Respondent prescribed 500 ml, of 0.45% normal saline, 150 ml, of sodium bicarbonate, and 10 mL of Magnesium Chloride. After IV therapy was initiated on patient D.K., respondent failed to properly monitor the fluid input and output of patient D.K. Respondent also failed to examine any signs or symptoms of fluid overload in patient D.K., such as swelling in the legs, crackles in the lungs, and shortness of breath. In addition, respondent failed to monitor patient D.K.'s weight on a weekly basis, in order to ensure that she was not gaining weight from too much fluid.

51. Respondent committed gross negligence in the care and treatment of patient D.K., which included, but was not limited to, the following:

  1. Respondent failed to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient D.K.; and
  2. During treatment of patient D.K., respondent failed to obtain a history or conduct physical examinations, periodically.

SECOND CAUSE: FOR DISCIPLINE

(Repeated Negligent Acts)

52. Respondent has further subjected his Osteopathic Physician's and Surgeon's Certificate No. 20A 11324 to disciplinary action under sections 2227 and 2234, as defined by section 2234, subdivision (c), of the Code, in that he committed repeated negligent acts in the care and treatment of patients R.K., M.K., N.H., and D.K., as more particularly alleged herein:

Patient R.K.

53. Paragraphs 13 through 23, above, are hereby incorporated by reference and realleged as if fully set forth herein.

54. Respondent committed repeated negligent acts in his care and treatment of patient R.K. which included, but was not limited lo, the following:

  1. Respondent failed to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient R.K.;
  2. During treatment of patient R.K., respondent foiled to obtain a history or conduct physical examinations, periodically;
  3. Respondent ordered and/or directed and/or approved administration of one or more unnecessary tests on patient R.K.; and
  4. Respondent failed to properly monitor patient R.K. while on IV therapy.

Patient M.K.

55. Paragraphs 24 through 37, above, are hereby incorporated by reference and realleged as if fully set forth herein.

56, Respondent committed repeated negligent acts in his cure and treatment of patient R.K. which included, but was not limited to, the following:

  1. Respondent foiled to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient M.K.;
  2. During treatment of patient M.K., respondent failed to obtain a history or conduct physical examinations, periodically;
  3. Respondent ordered and/or directed and/or approved administration of one or more unnecessary tests on patient M.K.;
  4. Respondent failed to properly monitor patient M.K. while on IV therapy;
  5. Respondent prescribed chemotherapy drugs, 2 mL of Cisplatin and 2 ML of Cyclophosphamide, to patient M.K., without proper monitoring of patient M.K., or adequate training in Oncology.

Patient N.H.

57. Paragraphs 38 through 45, above. are hereby incorporated by reference and realleged as if fully set forth herein.

58. Respondent committed repeated negligent acts in his care and treatment of patient N.H. which included, but was not limited to, the following:

  1. Respondent failed to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient N.H.;
  2. During treatment of patient N.H., respondent failed to obtain a history or conduct physical examinations, periodically;
  3. Respondent ordered and/or directed and/or approved administration of one or more unnecessary tests on patient NJH.H.;
  4. Respondent failed to properly monitor patient N.H. while on IV therapy; and
  5. Respondent prescribed a chemotherapy drug, l mL of Cisplatin, to patient N.H., without proper monitoring of patient N.H. or adequate training in Oncology,

Patient D.K.

59. Paragraphs 46 through 51, above, are hereby incorporated by reference and realleged as if fully set forth herein.

60. Respondent committed repeated negligent acts in his care and treatment of patient D.K. which included, but was not limited to, the following:

  1. Respondent failed to obtain a thorough history or conduct a complete physical examination, before initiating treatment on patient D.K.;
  2. During treatment of patient D.K., respondent failed to obtain a history or conduct physical examinations, periodically:
  3. Respondent ordered and/or directed and/or approved administration of one or more unnecessary tests on patient D.K.; and
  4. Respondent failed to properly monitor patient D.K. while on IV therapy.

THIRD CAUSE FOR DISCIPLINE

(General Unprofessional Conduct)

60. Respondent has further subjected his Osteopathic Physician· s and Surgeon's Certificate No. 20A1132-1 to disciplinary action under sections 2227 and 2234. as defined by section 223-1. of the Code, in that he has engaged in conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming to a member in good standing of the medical profession, and which demonstrates an unfitness to practice medicine, as more particularly alleged in paragraphs 11 through 60, above, which arc hereby incorporated by reference and realleged as if fully set forth herein.

PRAYER

WHEREFORE. Complainant requests that a hearing be held on the matters herein alleged and that following the hearing, the Medical Board of California issue a decision:

1. Revoking or suspending Osteopathic Physician's and Surgeon's Certificate No. 20A11324. issued to respondent Bennie Stephen Johnson. D.O.:

2. Ordering respondent Bennie Stephen Johnson. D.O., if placed on probation, to pay the Board the costs of probation monitoring:

3. Ordering respondent Bennie Stephen Johnson. D.O,  to pay the Osteopathic Medical Board of California the reasonable costs of the investigation and enforcement of this case. pursuant to Business and Professions Code section 125.3: and

4.Taking such other and further action as deemed necessary and proper.

DATED: July 14, 2016

___________________________
ANGELINA M. BURTON
Executive Director
Osteopathic Medical Boardo California
Department of Consumer Affairs
Stale of California
Complainant

This page was revised on May 2, 2017.

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