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I;.s.1<th' Dr }l.iDuisimmDEPARTMENT OF HEALTH AND HOSPITALS

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LAf..wnn, (r\ 70500J i ,>12('2.1043

FAX 318/262-105-1

In The Matter OfDAVID JESSIE JOHNSON, P.T.

License No. 00199Respondent

CONSENT ORDER-------------

ADMINISTRATIVE CASE NO,93-107

TO: Mr. David Jessie Johnson, P.T.P. O. Box 14730Menree, Louisiana 71207

A Formal Evidentiary Hearing was scheduled before theLouisiana State Board of Physical Therapy Examiners (the "Board") enJanuary 27, 1994, to. address alleged, specific vielations of theLouisiana Physical Therapy Practice Act by the Respondent, DavidJessie Johnson, P.T. ("Johnson"), te-wit: you are hereby charged withhaving been convicted ef a felony in the courts ef this state whichsaid cenvictien includes an admissien ef guilt, LSA R.S. 37:2413(4);and fer violating the Rules and Regulations promulgated by theBoard, Rules and Regulations, Title 46, Section 327B.

In attendance, at the Pre-hearing Conference were Respendent,David Jessie Johnson, P.T., his attorney, John W. Focke, III; theComplainant, namely: Rebecca B. Lege'; and Michael A. Tomino, Jr.,attorney for the Board.

Upon consideratien ef the discussien and evidence presented atthe Cenference, this Consent Order, is voluntarily entered into. byand between the Beard and Respendent. David Jessie Johnsen. P.T.

1. Respondentissued by the Beard

FINDINGS OF FACT

is a physical therapist pessessing a licenseto. practice physical therapy in the State ef

'An [qual Opporlunily !'on!>loyer"

Louisiana, and has been a licensed physical therapist for all

pertinent times, pursuant to the Physical Therapy Practice Act ofLouisiana, LSA R.S. 37:2401 .!tl ~., as evidenced by License No.00199.

2. By Bill of Information filed July 29, 1992, in the FourthJudicial District Court, Ouachita Parish, Louisiana, Respondent was

charged with OWl, fourth offense, which was committed on or aboutJuly 3, 1992.

3. On or about April 23, 1993, in the case entitled "State ofLouisiana v. David J. Johnson", Case No. 92-F-0985, Fourth JudicialDistrict Court, Ouachita Parish, Louisiana, Respondent pled guilty toOWl, fourth offense.

4. OWl, fourth offense, is a felony under Louisiana law as perLSA R.S. 14:98.

5. A Pre-hearing Conference was convened on January 27,

1994, to address the alleged, specific violations of the Louisiana

Physical Therapy Practice Act set forth herein by the Respondent.

6. Respondent voluntarily agrees to the above Findings ofFact and Terms of Consent Order.

CONCLUSIONS OF LAW

1. Respondent's conviction of a felony in the Courts of thisState which includes an admission of guilt is a violation of the

Physical Therapy Practice Act of Louisiana, more particularly LSAR.S. 37:2413A(4), and the Rules and Regulations promulgated by theBoard, more particularly Title 46, Section 327B.

2. Respondent's violation of the provision of the Physical

Therapy Practice Act of Louisiana and the Rules and Regulations

promulgated thereto constitute lawful grounds for the Louisiana

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State Board of Physical Therapy Examiners to sanction his license topractice physical therapy in the State of Louisiana. LSA R.S.

37:2413A(4); Rules and Regulations, Title 46, Section 3278.

TERMS OF CONSENT ORDER

Based upon the foregoing Findings of Fact, Respondent and theBoard, by vote of the quorum, mutually agree to the following:

1. Respondent's. license to practice physical therapy shall be

placed on two (2) months suspension effective May 1. 1994. throughJune 3D, 1994.

2. Respondent shall have the time commencing withJanuary 27, 1994, through April 30, 1994, to arrange for coverage

by a Louisiana licensed physical therapist(s) for his practice duringthe period of supervision.

3. During the two (2) month suspension,' effective May 1,1994, through June 30, 1994, Respondent shall not practice' Physicaltherapy in any manner whatsoever. including but not limited to,

.:consultation, evaluation I review of praOr$ss. nQt~$ ~t $Vnh1"'tl~~\1I;

$upervision .of ,.pro1.es.slonal or support staff prOyfdltle PAY9.i6f~''., therapy, etc., '11or' -slTalitre-perform as a toohor aide In {ltlY~Uf\j(Ud

physical therapy practice. During the SUSPCiJfU11veperiod~ ~§§~~M§8rHmay be involved in administrative functions such as Be8~~8S~iR~;however, he shall in no way perform any functions asi9SiiWQ wi-!R

the provision of physical therapy or the review of phys'lcai-t~@f§~¥services provided by others.

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"...Vl\,~ ,} t'-'I J ~.,..~~.

5. Respondent's license to practice physical therapy shall be

placed on probation for two (2) years effective July 1, 1994, andending June 30. 1996. Respondent's practice during the probationaryperiod shall be without restrictions.

6. Respondent is required to pay for all costs of theseproceedings.

7. During the entire supervision and probation periods,Respondent is to be available for meetings with the Board or arepresentative committee of the Board upon reasonable notice.

8. At the end of the probation period, Respondent shall meetwith the Board or a representative committee of the Board todiscuss compliance with the supervision and probation.

9. Respondent's failure to comply with any of the terms ofthis Order shall be deemed just cause for the suspension orrevocation of Respondent's licensure, or any other disciplinaryaction, as if such violation were enumerated among the causesprovided in LSA R.S. 37:2413 and the Rules and Regulationspromulgated by the Board.

10. If Respondent ceases to practice physical therapy inlouisiana. or does not practice continuously, for the term of hisprobation, the effect of the probationary practice shall be suspendedfor the duration of the cessation. Respondent may timely petitionthe Board in writing for review of this matter on the basis ofpersonal hardship or other necessitous circumstances. The Board inits discretion may alter the terms of this provision depending uponthe facts of the matter. "Timely" shall mean prior to the cessationor within five (5) days after the commencement of the cessation.

11. The existence and terms of this Consent Order will not be

confidential or privileged information.

____ __or-

12. Respondent hereby releases the Board, its representativesand attorney from any obligations or liability in their endeavors toadminister this Consent Order.

13. The effective date of this Consent Order shall be

January 27, 1994, if Respondent executes and returns the ConsentOrder to the Board within five (5) days of his receipt of same.

/Wl.A~QTHUS DONE AND PASSED on the ~ day of rsl= __.y.

1994, at the City of Monroe, Parish of Ouachita, Louisiana, in thepresence of the two undersigned competent witnesses, who hereunto

sign their names with appearer and me, Notarx ~fter due reading of

the whole. // \). ~\/ i I' .

( . / / (( r ' I :

\ .< :~/, i\1 " " fL,/. .'.!.. ' \. - .-1..., '. . v~.~:';2.~--~~-==.--{"-" {

David Je~ie Jqhns~, P.T.~ (/

WITNESSES

~-

Notary Public

d.1Ii, ~\~..\,\THUS DONE AND PASSED on the ..::r=:::. day of ~

1994, at the City of Lafayette, Parish of Lafayette. Louisiana, in thepresence of the two undersigned competent witnesses, who hereuntosign their names with appearer and me, Notary, after due reading ofthe whole.

WITNESSES

BY: