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.
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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 1718.
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.
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{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,
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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.
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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 17In 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 17In 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,
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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.
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{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
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{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.
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{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
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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 17In 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 17Inge: 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. [email protected]
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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.
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