ALABAMA STATE BOARD OF MEDICAL EXAMINERS, . BEFORE THE MEDICAL LICENSURE Complainant, COMMISSION OF ALABAMA vs. CASE NO. 08-015 GREGORY A. JOHNS, M.D. Respondent. OBQER This matter is before the Medical Licensnre Commission of Alabama on an Administrative Complaint and Petition for Summary Suspension heretofore ?led by the Alabama Board of Medical Examiners seeking to revoke or otherwise discipline the license to practice medicine in Alabama of the respondent, Gregory A. Johns, MD. On May 28, 2008, the Commission entered an Order summarily suspending Dr. Johns" license to practice medicine in Alabama. A hearing on the petition was held on September 17, 2008. Dr. ohns? was present together with his attorney, Eric Davis, Esq. William B, Addison, Esq. represented the Alabama Board of Medical Examiners. Wayne P. Turner, Esq. served as Hearing Of?cer. The Board of Medical Examiners presented evidence in support of it ?s complaint. In addition, at the beginning of the hearing, the attorney for Dr. Johns? stipulated on the record, that the Board of Medical. Examiners would be able to present evidence indicating that Dr. ohnsf had committed unprofessional conduct and that Dr. Johns? is-unable to practice medicine with a reasonable skill and safety to patients as a result of a mental or physical candition. Based upon the evidence presented, the Medical Licensure Commission makes the following ?ndings of fact: 1. In November of 2006, Dr. Johns? engaged in inappropriate sexual conduct with BRH, a patient in the emergency room at Southeast Alabama Medical Center while the patient was incapacitated as a result of medication, drugs, and/or-alcohol. Speci?cally, Dr. Johns.? fondled and placed his mouthon her breast while she was alone in a room. 2. On or about September 30, 2007, Dr. Johns? engaged in inappropriate sexual misconduct and lor touching with patient DB, an emergency room patient at Southeast Alabama Medical Center while under the mistaken belief that DB was incapacitated due to the effects of medication. I Speci?cally, Dr. Johns? touched her breast and other parts of her body in sexual ways. 3. On January 16, 2008 the Board of Medical examiners issued an Order fer Dr. Johns? to undergo a and sexual evaluation at a facility selected. by the Board. Dr. Johns' underwent. that evaluation from April _1 2, 2008 through? April 14, 2008 and was subsequently diagnosed in a report dated April 16, 2008, with one or more major sexual disorders pursuant to the Diagnostic and Statistical Manual of Mental Disorders 7 Based upon the foregoing ?ndings of fact the Medical Licensure Commission makes the following conclusions of law: 1. Dr. Jehns? has engaged in unprofessional conduct as de?ned in Ala. Code ?34~24?360 and in the rules and reguiations promulgated by the Medical Licensure Commission, speci?cally sexual misconduct in the practice of medicine, a violation of Ala. Code ?34-24-360 (2) and the Medical Licensure Commission Rule 2. Dr. Johns? is unable to practice medicine with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of_ drugs, narcotics, alcohol, chemicals or any other 2 substance, or as a result of a mental or physical condition, a violation of Ala. Code 34-24-3600 9). Based on the foregoing ?ndings of fact and conclusions of law, it is the ORDER of the Medical Licensure Commission that the license to practice medicine in Alabama of the Respondent, Gregory A. Johns, M.D., be and the same is Enter this day of a 2008. JERR . Medi Li nsure Commi ALABAMA STATE BOARD OF MEDICAL EXAMINERS, BEFORE THE MEDICAL LICENSURE Complainant, COMMISSION OF ALABAMA vs. .. CASE No. 08? 0/ GREGORY A. JOHNS, M. D., Respondent. ORDER TEMPORARILY SUSPENDING LICENSE AND SETTING HEARING Upon the veri?ed Administrative Complaint of the Alabama State Board of Medical Examiners, and pursuant to the authority of Ala. Code 34?24?361(i) and 41?22?19(d) (Cum. Supp. 2006), it is the ORDER of the Commission that the license to practice medicine, license certi?cate number MD.17135, of GREGORY A. JOHNS, M. D., be, and the same is hereby, immediately suspended. GREGORY A. JOHNS, M. D., is hereby ORDERED and DIRECTED to surrender the said license certi?cate and his Alabama controlled substances registration certificate and all controlled substances of which he has possession to 3%1 a duly authorized agent of the Medical Licensure Commission. GREGORY A. JOHNS, M. D., is hereby ORDERED to immediately CEASE and DESIST from the practice of medicine in the State of Alabama until such time as the Administrative Complaint of the Alabama State Board of Medical Examiners shall be heard by the Commission and a decision rendered thereon. This action is made consistent with the Rules and Regulations of the Board of Medical Examiners and the Medical Licensure Commission and Ala. Code (Cum. Supp.- 2006), based upon the request of the Alabama State Board of Medical Examiners upon the Board?s ?nding and certi?cation that the Board presently has evidence in its possession that the continuance in practice of GREGORY A. JOHNS, M. D., may constitute an immediate danger to his patients and the public. It is the further ORDER of the Medical Licensure Commission that the Administrative 1 - Complaint of the Alabama State Board of Medical Examiners be, and the same is hereby, set for hearing on the Zf/yday of Qt. at ?335 "41 at the offices of the Medical Licensure Commission, 848 Washington Avenue, Montgomery, Alabama. The'said GREGORY A. JOHNS, M. D., is ORDERED to appear beforethe Commission at the aforesaid time and date to answer the allegations of the Administrative Complaint ?led by the Alabama State Board of Medical Examiners. I It is the further ORDER of the Commission that a copy of the veri?ed Administrative Complaint of the Alabama State Board of Medical Examiners and a copy of this order shall be forthwith served upon the said GREGORY A. JOHNS, M. D., by personally delivering the same to him at his of?ce or at his residence or such place as he may be found in the State of Alabama, or by certified mail, return receipt requested, to his last known address if he cannot be found in the St of Alabama. The Commission further directs that the service of process shall be made by who is designated as the duly authorized agent of the Medical Licensure Commission. The Honorable Wayne P. Turner is hereby designated as hearing of?cer in this matter. It is further ordered that the parties and their attorneys immediately check their calendars for scheduling con?icts. No requests for continuance based upon schedule con?icts of attorneys or parties will be considered unless such request is made prior to . 23 ORDERED at Montgomery, Alabafna, this day of 2008. M. D., Chai on of Alab ma Medic Commiss IE II: MAY 23 29:38 ALABAMA STATE BOARD OF MEDCAL LIEENSURE MEDICAL EXAMINERS, .. BEFORE THE MEDICAL LICENSURE Complainant, COMMISSION OF ALABAMA VS. CASE NO. 08- 5/5 GREGORY A. JOHNS, M. D., Ii-d Respondent. ADMINISTRATIVE COMPLAINT AND PETITION OR SUMMARY SUSPENSION OF LICENSE Comes now the Alabama State Board of Medical Examiners (hereinafter ?the Board?), and submits herein its sworn petition pursuant to the authority Of Ala. Code 34-24-361(e) and (Cum. Supp. 2006), and respectfully represents to the Medical Licensure Commissionthe following: 1. On March 24, 1993, the Respondent, Gregory A. Johns, M. D., was issued a license to practice medicine in the State of Alabama, license number MD. 17135. 2. The Board of Medical Examiners has caused an investigation to be made into the medical practice of Dr. Johns, and, based on that investigation, has concluded that there is probable cause to believe that the Respondent has committed the following Violations of Ala. Code 34?24?360 (Cum. Supp. 2006): a. Unprofessional conduct as defined in Ala. Code 34-24-360 or in the rules and regulations promulgated by the Commission, speci?cally, sexual misconduct in the practice of medicine, a Violation of Ala. Code and Medical Licensure Commission Rule b. Being unable to practice medicine with reasonable skill and safety to patients by reason of illness, inebriation, excessive use Of drugs, narcotics, alcohol, chemicals or any other substance, or as a result of any mental or physical condition, a violation of Ala. Code 34?246 60(19). 3. In support of the allegations of the Violations of Ala. Code 34?24-3600) and - (19), the Board alleges the following: EL 4. In November 2006, Dr. Johns engaged in inappropriate sexual conduct with BRH, I an emergency room patient at Southeast Alabama Medical Center while the patient was incapacitated as a result of medication, drugs and/?or alcohol. On or about September 30, 2007, Dr. Johns engaged in inappropriate sexual conduct and/or touching of DB, an emergency room patient at Southeast Alabama Medical Center while under the mistaken belief that DB was incapacitated due to the effects of medication. On January 16, 2008, the Board issued an Order for Dr. Johns to undergo a and sexual misconduct evaluation at a facility selected by the Board. Dr. Johns underwent that evaluation from April 2 through April 4, 2008, and was subsequently diagnosed in a report dated April 16, 2008, with one or more major sexual disorders pursuant to the Diagnostic and Statistical Manual of Mental Disorders On May 8, 2008, Dr. Johns entered treatment for said disorder(s) and continues treatment two days per week at the present time while continuing to practice medicine the remaining days of the week. The Board of Medical Examiners ?nds and certi?es to the Medical Licensure Commission that the continuation of the authority of Dr. Johns to practice medicine in Alabama may constitute an immediate danger ?to patients or to the public and that the Board has in its - possession evidence to support this ?nding. Wherefore, the foregoing premises considered, the Alabama Board of Medical Examiners respectfully requests that the Medicaii Licensure Commission, pursuant to its authority under Ala. Code 34-24-3610?) and 41-22-19(d) (Cum. Supp. 2006), immediately suspend the license to practice medicine of Gregory A. Johns, M. D., without a hearing, and order that the Respondent immediately cease and desist from the practice of medicine in the State of Alabama and surrender to the Medical Licensure Commission of Alabama or a designated agent his license to practice medicine, his Alabama Controlled Substances Certi?cate, and any inventory of controlled substances which are now in his possession. Further, the Board of Medical Examiners requests that the Medical Licensure Commission set a hearing on this Administrative Complaint, and order that the Respondent, Gregory A. Johns, M. D., appear and answer the allegations contained in this Administrative Complaint. Further, the Board requests that, at the conclusion of the hearing, the Commission revoke the license to practice medicine of Dr. Johns, andfor take such other actions as the Commission may deem appropriate based upon the evidence presented for consideration. The Board of Medical Examiners is presently continuing the investigation of the Respondent and said investigation may result in additional charges being prepared and ?led as an amendment to this Administrative Complaint. ThisAdministrative Complaint is executed for and on behalf of the Alabama State Board of Medical Examiners by its Executive Director pursuant to the instructions of the Board as contained in its resolution of May 21, 2008, a copy of which is attached hereto and incorporated herein. tL EXECUTED this of May, 2008. lo azsmx?? Larry D. Dixon, Executiv??Directo Mi Patricia E. Shaner, Esq, Attorney for Alabama Board of Medical Examiners 848 Washington Ave Montgomery, AL 36104 Telephone (334) 242-4116 Facsimile (334) 242-4155 STATE OF ALABAMA MONTGOMERY COUNTY Before me, the undersigned, personally appeared Larry D. Dixon, who; being by me first duly sworn, deposes and says that he, in his capacity as Executive Director of the Alabama Board of Medical Examiners, has executed the contents of the foregoing complaint and affirms that the contents thereof are true and correct to the best of his knowl :?dge, information and belief. Larry D. Dixon, ExecutivebirM Alabama State Board of Medical Examiners SWORN TO AND SUBSCRIBED before me this of May, 2008. Not ublic My Commission Expires: I If? STATE OF ALABAMA MONTGOMERY COUNTY A ID A I Before me, the undersigned, personally appeared Larry D. Dixon, Executive Director of the Alabama State Board of Medical Examiners, who, being by me ?rst duly sworn, deposes and says as follows: The Alabama State Board of Medical Examiners session on May 21, 2008, a quorum of the members of the Board being present, conducted an investigation into the medical practice of Gregory A. Johns, M. D., and at the conclusion of the discussion, the Board adopted the following resolution: - Gregory A. Johns, M.D., Dothan. After consideration of investigative information, the Credentials Committee recommended ?ling an Administrative Complaint and Petition for Summary Suspension of License with the Medical Licensure Commission on the grounds of unprofessional conduct and being unable to practice medicine or osteopathy with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals or any other substance, or as a result of any mental or physical . condition. The motion was adopted. 1 further certify that the foregoing resolution was adopted by the Alabama State Board of Medical Examiners on the 215? day of May, 2008. . is . Larry D. bixon, Exeaumrector Alabama State Board of Medical Examiners not SWORN TO AND SUBSCRIBED before me this day of May, 2008. No ary Public My Commission Expires: .?ll