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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
NORMAN ERIC JOHNSON, M.D.
Physician's and Surgeon's Certificate No. C 37654
) ) ) ) ) ) ) ) ) ) )
File No. 09-2009-200811
Respondent. ) ~~~~~~~~~--~~~~-
DECISION
The attached Stipulated Settlement and Disciplinary Order is hereby accepted and adopted as the Decision and Order by the Medical Board of California, Department of Consumer Affairs, State of California.
This Decision shall become effective at 5:00 p.m. on January 3, 2011.
DATED December 3, 2010
MEDICAL BOARD OF CALIFORNIA
j~~v~~-Shelton Duruisseau, Ph.D. Chair, Panel A
EDML.1ND G. BROWN JR. Attorney General of California
"' THOMAS S. LAZAR . Supervising Deputy Attorney General
3 LORI JEAN FORCUCCI Deputy Attorney General
4 State Bar No. 125345 110 West "A" Street, Suite 1100
5 San Diego, CA 921 0 l P.O. Box 85266
6 San Diego, CA 92186-5266 Telephone: (619) 645-2080
7 Facsimile: (619) 645-2061 Allorneys for Complainant
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
12 In the Matter of the Accusation Against:
13 NORMAN ERIC JOHNSON, M.D. P.O. Box 769
14 Big Bear City, CA 92314-0769
15 Physician's and Surgeon's Certificate No. C37654
16 Respondent.
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Case No. 09-2009-200811
OAH No. 2010040405
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
18 IT IS HEREBY STIPULATED AND AGREED by and between the parties in this
19 proceeding that the following matters are true:
20 PARTIES
21 1. Linda K. Whitney (Complainant) is the Executive Director of the Medical
· 22 Board of California, Department of Consumer Affairs (Board). She brought this action solely in
23 her official capacity and is represented in this matter by Edmund G. Brown Jr., Attorney General
24 of the State of California, by Lori Jean Forcucci, Deputy Attorney General.
25 2. Norman Eric Johnson, M.D. (Respondent) is represented in this proceeding by
26 the Law Office of Stephan A. De Sales, A Professional Law Corporation, by and through Stephan
27 A. DeSales, Esq., whose address is DeSales Law Building, 2201 E. Chapman Avenue, Fullerton
28 CA 92831.
Stipulated Settlement and Disciplinary Order (Case No. 09-2009-::!008 I I J '
3. On or about July 19, 1977, the Medical Board of California issued Physician's
2 and Surgeon's Certificate No. C3 7654 to Respondent Norman Eric Johnson, M.D. The certificate
3 was in full force and effect at all times relevant to the charges brought in Accusation No. 09-
4 2009-200811 and will expire on July 31, 20 l I, unless renewed.
5 .JURISDJCTION
6 4. On March 10, 2010, Accusation No. 09-2001-200811 was filed against
7 Respondent. On March l 0, 2010, Respondent was served with a true and correct copy of
8 Accusation No. 09-2009-20081 l, together with true and correct copies of all other statutorily
9 required documents, at his address then on file with the Board: P.O. Box 769, Big Bear City, CA
IO 92314-0769. On or about March 22, 2010, a Notice of Defense was filed on Respondent's behalf
1] by his attorney of record, Stephan A. DeSales, Esq.
12 ADVISEMENT AND WAIVERS
13 5. Respondent has carefully read, fully discussed with counsel, and understands the
14 charges and allegations in Accusation No. 09-2009-200811. Respondent also has carefully read,
15 fully discussed with counsel, and understands the effects of this Stipulated Settlement and
16 Disciplinary Order.
17 6. · Respondent is fully aware of his legal rights in this matter, including the right to
l 8 a hearing on the charges and allegations in the Accusation; the right to confront and cross-
19 examine the witnesses against him; the right to present evidence and to testify on his own behalf;
20 the right to the issuance of subpoenas to compel the attendance of witnesses and the production of
21 documents; the right to reconsideration and court review of an adverse decision; and all other
22 rights accorded by the California Administrative Procedure Act and other applicable laws.
23 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each
24 and every right set forth above.
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--------·-·---------- _, __ _ l.:1in11b1r·rl l..:Pttlr~mP.n1 m1rl Di<>cinlinar\' Order I Case No. 09-2009-200811)'
CULP ABILITY
8. Respondent admits the complete truth and accuracy of each and every charge
and allegation in Accusation.
4 9. Respondent agrees that his Physician's and Surgeon's Certificate No. C 37654
5 is subject to discipline and he agrees to be bound by the Board's imposition of discipline as set
6 forth in the Disciplinary Order below.
7 CONTINGENCY
8 10. The paiiies agree that this Stipulated Settlement and Disciplinary Order shall
9 be submitted to the Board for its consideration in the above-entitled matter and, further, that the
1 O Board shall have a reasonable period of time in which to consider and act on this Stipulated
] 1 Settlement and Disciplinary Order after receiving it.
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11. The parties agree that this Stipulated Settlement and Disciplinary Order shall
be null and void and not binding upon the parties unless approved and adopted by the Board,
except for this paragraph, which shall remain in full force and effect. Respondent folly
understands and agrees that in deciding whether or not to approve and adopt this Stipulated
Settlement and Disciplinary Order, the Board may receive oral and written communications from
its staff and/or the Attorney General's office. Communications pursuant to this paragraph shall
not disqualify the Board, any member thereof, and/or any other person from future participation
in this or any other matter affecting or involving respondent. In the event that the Board, in its
discretion, does not approve and adopt this Stipulated Settlement and Disciplinary Order, with the
exception of this paragraph, it shall not become effective, shall be of no evidentiary value
whatsoever, and shall not be relied upon or introduced in any disciplinary action by either party
hereto. Respondent further agrees that should the Board reject this Stipulated Settlement and
Disciplinary Order for any reason, respondent will assert no claim that the Board, or any member
thereof~ was prejudiced by its/his/her review, discussion and/or consideration of this Stipulated
Settlement and Disciplinary Order or of any matter or matters related hereto.
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~1in11l<i1wl ~PH~Pmcen1 m1rl Discinlinarv Order (Case No. 09-2009-20081 l ~
ADDITIONAL PROVISIONS
2 12. This Stipulated Settlement and Disciplinary Order is intended hy the parties
3 herein to be an integrated writing representing the complete, final and exclusive embodiment of
4 the agreements of the parties in the above-entitled matter.
5 13. The parties agree that facsimile copies of this Stipulated Settlement and
6 Disciplinary Order, including facsimile signatures of the parties, may be used in lieuof original
7 documents and signatures and, further, that facsimile copies shall have the same force and effect
8 as originals.
9 14. In consideration of the foregoing admissions and stipulations, the parties
1 O agree the Board may, without further notice to or opportunity to be heard by respondent, issue
11 and enter the following Disciplinary Order:
12 ORDER
13 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. C37654,
14 issued to Respondent Nomrnn Eric Johnson, M.D., is revoked. However, the revocation is stayed
15 and Respondent is placed on probation for five (5) years from the effective date of this Decision
16 and Order on the following terms and conditions.
17 1. ETHICS COURSE Within 60 calendar days of the effective date of this Decision,
18 Respondent shall enroll in a course in ethics, at Respondent's expense, approved in advance by
19 the Board or its designee. Failure to successfully complete the course during the first year of
20 probation is a violation of probation.
21 An ethics course taken after the acts that gave rise to the charges in the Accusation,
22 but prior to the effective date of the Decision may, in the sole discretion of the Board or its
23 designee, be accepted towards the fulfillment of this condition if the course would have been
24 approved by the Board or its designee had the course been taken after the effective date of this
25 Decision.
26 Respondent shall submit a certification of successful completion to the Board or its
27 designec not later than 15 calendar days after SLlccessfully completing the course. or not later than
28 15 calendar days after the effective date of the Decision, whichever is later.
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"'tirrnl"tPrl <;:,.ttlr>mf>n1 ~mrl Discinlinarv Order (Case No. 09-2009-200811 i
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2. PSYCJ1IATRIC EVALUATION Vv'ithin 30 calendar days of the effective date
of this Decision, and on whatever periodic basis thereafter may be required by the Board or its
designee, Respondent shall undergo and complete a psychiatric evaluation (and psychological
testing, if deemed necessary) by a Board-appointed board ce11ified psychiatrist, ,vho shall
consider any information provided by the Board or designee and any other information the
psychiatrist deems relevant, and shall furnish a written evaluation rep011 to the Board or its
designee. Psychiatric evaluations conducted prior to the effective date of the Decision shall not
be accepted towards the fulfillment of this requirement. Respondent shall pay the cost of all
psychiatric evaluations and psychological testing.
Respondent shall comply with all restrictions or conditions recommended by the
evaluating psychiatrist within 15 calendar days after being notified by the Board or its designee.
Failure to undergo and complete a psychiatric evaluation and psychological
testing, or comply with the required additional conditions or restrictions, is a violation of
probation.
3. PSYCHOTHERAPY Within 60 calendar days of the effective date of this
Decision, Respondent shall submit to the Board or its designee for prior approval the name and
qualifications of a board certified psychiatrist or a licensed psychologist who has a doctoral
degree in psychology and at least five years of postgraduate experience in the diagnosis and
treatment of emotional and mental disorders. Upon approval, Respondent shall undergo and
continue treatment, including any modifications to the frequency of psychotherapy, until the
Board or its designee deems that no further psychotherapy is necessary.
The psychotherapist shall consider any information provided by the Board or its
designee and any other information the psychotherapist deems relevant and shall furnish a written
evaluation report to the Board or its designee. Respondent shall cooperate in providing the
psychotherapist any information and documents that the psychotherapist may deem pertinent.
Respondent shall have the treating psychotherapist submit quarterly status reports
to the Board or its designee. The Board or its designee may require Respondent to undergo
psychiatric evaluations by a Board appointed board certified psychiatrist. Jf, prior to the
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Sti1111latcd Settlement and Discinlinarv Order (Case No. 09-2009-200811 l
completion of probation. Respondent is frnmd to be mentally unfit to resume the practice of
" medicine without restrictions, the Board shall retain continuing jurisdiction over Respondent" s
3 license. and the period of probation shall be extended until the Board determines that Respondent
4 is mentally fit to resume the practice of medicine without restriciions.
5 Respondent shall pay the cost of all psychotherapy and psychiatric evaluations.
6 Failure to undergo and continue psychotherapy treatment, or comp! y with any required
7 modification in the frequency of psychotherapy, is a violation of probation.
8 4. NOTIFJCATION Prior to engaging in the practice of medicine, the
9 Respondent shall provide a true copy of the Decision(s) and Accusation(s) to the Chief of Staff or
1 O the Chief Executive Officer at every hospital where privileges or membership are extended to
11 Respondent, at any other facility where Respondent engages in the practice of medicine,
12 including all physician and locum tenens registries or other similar agencies, and to the Chief
13 Executive Officer at every insurance carrier which extends malpractice insurance coverage to
14 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
15 calendar ~ays.
16 This condition shall apply to any change(s) in hospitals, other facilities or
17 insurance carrier.
18 5. OBEY ALL LAWS Respondent shall obey all federal, state and local laws, all
19 rules governing the practice of medicine in California, and remain in full compliance with any
20 court ordered criminal probation, payments and other orders.
21 6. QUARTERLY DECLARATIONS Respondent shall submit quarterly
22 declarations under penalty of pe1j ury on forms provided by the Board, stating whether there has
23 been compliance with all the conditions of probation.
24 Respondent shall submit quarterly declarations not later than 10 calendar days
25 after the end of the preceding quarter.
26 7. PROBATION UNJT COMPLJANCE Respondent shall comply with the
27 Board's probation unit. Respondent shall, at all times, keep the Board informed of Respondent's
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6 I -----------------
- Stinulatcd Settlement and Disciplinary Order (Case No. 09-2009-:200811 ;1
business and residence addresses. Changes of such addresses shall be immediately
2 communicated in \.\Titing to the Board or its designee.
3 Under no circumstances shall a post office box serve as an address of record,
4 except as allowed by Business and Professions Code section 2021 (b).
5 Respondent shall not engage in the practice of medicine in Respondent's place of
6 residence. Respondent shall maintain a current and renewed California physician's and surgeon's
7 license.
8 Respondent shall immediately inform the Board, or its designee, in writing, of
9 travel to any areas outside the jurisdiction of California which lasts, or is contemplated to last,
10 more than 30 calendar days.
11 8. INTERVIEW WITH THE BOARD OR ITS DESIGNEE Respondent shall be
12 available in person for interviews either at Respondent's place of business or at the probation unit
13 office, with the Board or its designee, upon request at various intervals, and either with or without
14 prior notice throughout the term of probation.
15 9. RESIDING OR PRACTICING OUT-OF-STATE In the event Respondent
16 should leave the State of California to reside or to practice, Respondent shall notify the Board or
17 its designee in writing 30 calendar days prior to the dates of departure and return. Non-practice is
18 defined as any period of time exceeding 30 calendar days in which Respondent is not engaging in
19 any activities defined in Sections 2051 and 2052 of the Business and Professions Code.
20 All time spent in an intensive training program outside the State of California
21 whicb has been approved by the Board or its designee shall be considered as time spent in the
22 practice of medicine within the State. A Board-ordered suspension of practice shall not be
23 considered as a period of non-practice. Periods of temporary or permanent residence or practice
24 outside California will not apply to the reduction of the probationary term. Periods of temporary
25 or permanent residence or practice outside California will relieve Respondent of the responsibility
26 to comply with the probationary terms and conditions with the exception of this condition and the
27 following terms and conditions of probation: Obey All Laws; Probation Unit Compliance; and
28 Cost Recovery.
7 ----------·--·-·--------------------
Stinulated Settlement and Disciplinary Order (Case No. 09-2009-200811)
Respondent's license shall be automatically cancelled if Respondent's periods of
2 temporary or permanent residence or practice outside California total two years. However.
3 Respondent's license shall not be cancelled as long as Respondent is residing and practicing
4 medicine in another state of the United States and is on active probation with the medical
5 licensing authority of that state, in which case the two year period shall begin on the date
6 probation is completed or terminated in that state.
7 10. FAILURE TO PRACTICE MEDICTNE- CALIFORNIA RESIDENT
8 In the event Respondent resides in the State of California and for any reason
9 Respondent stops practicing medicine in California, Respondent shall notif)1 the Board or its
1 O designee in writing within 30 calendar days prior to the dates of non-practice and return to
11 practice. Any period of non-practice within California, as defined in this condition, will not apply
12 to the reduction of the probationary term and does not relieve Respondent of the responsibility to
13 comply with the terms and conditions of probation. Non-practice is defined as any period of time
14 exceeding 30 calendar days in which Respondent is not engaging in any activities defined in
15 sections 2051and2052 of the Business and Professions Code.
16 All time spent in an intensive training program which has been approved by the
17 Board or its designee shall be considered time spent in the practice of medicine. For purposes of
18 this condition, non-practice due to a Board-ordered suspension or in compliance with any other
19 condition of probation, shall not be considered a period of non-practice.
20 Respondent's license shall be automatically cancelled if Respondent resides in
21 California and for a total of two years, fails to engage in California in any of the activities
22 described in Business and Professions Code sections 2051 and 2052.
23 11. COMPLETION OF PROBATION Respondent shall comply with all
24 financial obligations (e.g., cost recovery, restitution, probation costs) not later than 120 calendar
25 days prior to the completion of probation. Upon successful completion of probation,
26 Respondent's certificate shall be fully restored.
27 12. VIOLATJON OF PROBATION Failure to fully comply with any term or
28 condition of probation is a violation of probation. If Respondent violates probation in any
8 ----------------S-'ti-n-ul-at-ed-Se_n_le_m_c_n_t a_n_d_D-is_·_c-io-li-na_r_y_CJ_rd_e_r-(C-'asc No. 09-2009-2CJOHI!~
respect. the Boarc;I. after giving Respondent notice and the opportunity to be heard, may revoke
2 probation and carry out the disciplinary order that was stayed. If an Accusation, Petition to
3 Revoke Probation, or an Interim Suspension Order is filed against Respondent during probation.
4 the Board shall have continuing jurisdiction until the matter is final, and the period of probation
5 shall be extended until the matter is final.
6 13. LICENSE SURRENDER Following the effective date of this Decision, if
7 Respondent ceases practicing due to retirement, health reasons or is otherwise unable to satisfy
8 the terms and conditions of probation, Respondent may request the voluntary surrender of
9 Respondent's license. The Board reserves the right to evaluate Respondent's request and to
IO exercise its discretion whether or not to grant the request, or to take any other action deemed
11 appropriate and reasonable under the circumstances. Upon formal acceptance of the surrender,
12 Respondent shall within 15 calendar days deliver Respondent's wallet and wall certificate to the
13 Board or its designee and Respondent shall no longer practice medicine. Respondent will no
14 longer be subject to the terms and conditions of probation and the surrender of Respondent's
15 license shall be deemed disciplinary action. If Respondent re applies for a medical license, the
16 application shall be treated as a petition for reinstatement of a revoked certificate.
17 14. PROBATION MONITORING COSTS Respondent shall pay the costs
J 8 associated with probation monitoring each and every year of probation, as designated by the
19 Board, which may be adjusted on an annual basis. Such costs shall be payable to the·Medical
20 Board of California and delivered to the Board or its designee no later than January 31 of each
21 calendar year. Failure to pay costs within 30 calendar days of the due date is a violation of
22 probation.
23 ACCEPTANCE
24 I have carefully read the above Stipulated Settlement and Disciplinary Order and
25 have folly discussed it with my attorney, Stephan A. DeSales, Esq. I understand the stipulation
26 and the effect it will have on my Physician's and Surgeon's Certificate No. C37654. I enter into
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1;".1in11l<11Nl <.;rt11PmPn1 :mrl niscinlinarv Order <C.ase No. 09-2009-200811)
this Stipulated Settlement and Disciplinary Order volu
2 agree to be bound by the Decision and Order oft
3 DATED:
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5 l have read and fully discussed with Respondent NORMAN ERJC JOHNSON,
6 M.D., the terms and conditions and other matters contai
7 Disciplinary Order. I approve its form and content.
8 DATED:
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STEPHAN A. DESALES, ESQ. Law Office of Stephan A. DeSaJes, Attorney for Respondent
ENDORSEMENT
12 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
13 submitted for consideration by the Medical Board of California of the Department of Consumer
14 Affairs.
15 Dated: October l 1, 2010
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Respectfully submitted,
EDMUND G. BROWN JR. Attorney General of California Thomas S. Lazar Supervising Deputy Attorney General
LORI JEAN FORCUCCI Deputy Attorney General Attorneys.for Complainant
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Exhibit A
Accusation No. 09-2009-200811
1 EDMUND G. BROWN JR. Attorney General of California
2 THOMAS S. LAZAR Supervising Deputy Attorney General
3 LORI JEAN FORCUCCI Deputy Attorney General
4 State Bar No. 125345 110 West "A" Street, Suite 1100
5 San Diego, CA 92101 P.O. Box 85266
6 San Diego, CA 92186-5266 Telephone: (619) 645-2080
7 Facsimile: (619) 645-2061
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Attorneys for Complainant
BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
12 In the Matter of the Accusation Against:
13 NORMAN ERIC JOHNSON, M.D. P.O. Box 769
14 Big Bear City, CA 92314-0769
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Physician's and Surgeon's Certificate No. C37654
Respondent.
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Complainant alleges:
PARTIES
Case No. 09-2009-200811
OAH Case No.
ACCUSATION
20
21 1. Linda K. Whitney (Complainant) brings this Accusation solely in her official
22 capacity as the Interim Executive Director of the Medical Board of California, Department of
23 Consumer Affairs.
24 2. On or about September 19, 1977, the Medical Board of California issued
25 Physician's and Surgeon's Certificate No. C37654 to NORMAN ERIC JOHNSON, M.D.
26 (Respondent). The Physician's and Surgeon's Certificate was in full force and effect at all times
27 relevant to the charges brought herein and will expire on July 31, 2011, unless renewed.
28 I I I
Accusation
1
2 3.
JURISDICTION
This Accusation is brought before the Medical Board of California (Board),
3 Department of Consumer Affairs, under the authority of the following laws. All section
4 references are to the Business and Professions Code (Code) unless otherwise indicated.
5 4. Section 2227 of the Code provides that a licensee who is found guilty under the
6 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed
7 one year, placed on probation and required to pay the costs of probation monitoring, be publically
8 reprimanded or have such other action taken in relation to discipline as the Division deems
9 proper.
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5. Section 2234 of the Code states, in pertinent part:
"The Division of Medical Quality1 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:
"(a) Violating or attempting to violate, directly or indirectly, assisting in or
abetting the violation of, or conspiring to violate any provision of this chapter [Chapter 5, the
Medical Practice Act].
"
"( e) The commission of any act involving dishonesty or corruption which is
substantially related to the qualifications, functions, or duties of a physician and surgeon.
"(f) Any action or conduct which would have warranted the denial of a
certificate."
6. Unprofessional conduct under California Business and Professions Code section
2234 is conduct which breached 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
1 California Business and Professions Code section 2002, as amended and effective January 1, 2008, states that, unless otherwise expressly provided, the term "board" as used in the State Medical Practice Act (Cal. Bus.& Prof. Code,§§ 2000, et seq.,) means the "Medical Board of California," and reference to the "Division of Medical Quality" and "Division of Licensing" in the Act or any other provision of law shall be deemed to refer to the Board.
2
Accusation
1 demonstrates an unfitness to practice medicine. (Shea v. Board of Medical Examiners ( 1978) 81
2 Cal.App.3d 564, 575.)
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7. Section 2236 of the Code states, in pertinent part:
"(a) The conviction of any offense substantially related to the qualifications,
functions, or duties of a physician and surgeon constitutes unprofessional conduct within
the meaning of this chapter [Chapter 5, the Medical Practice Act]. The record of conviction
shall be conclusive evidence only of the fact that the conviction occurred.
"
"( d) A plea or verdict of guilty or a conviction after a plea of no lo contendere is
deemed to be a conviction within the meaning of this section and Section 2236.1. The
record of conviction shall be conclusive evidence of the fact that the conviction occurred."
FIRST CAUSE FOR DISCIPLINE
(Conviction of a Crime)
8. Respondent is further subject to disciplinary action under sections 2227 and
15 2234, as defined by section 2236, of the Code in that he has been convicted of crimes
16 substantially related to the qualifications, functions or duties of a physician and surgeon, as more
17 particularly alleged hereinafter:
18 (a) On or about February 28, 2008, respondent was charged in the case entitled, The
19 People of the State of California vs. Norman E Johnson, San Bernardino Superior Court, Case
20 No. FSB 800939, with the following criminal counts:
21 (1) Counts 1 and 2: Respondent failed to file an income tax return on or about
22 March 15, 2005 in violation of Revenue and Taxation Code Section 19706, a felony.
23 (2) Counts 3 and 4: Respondent failed to file an income tax return on or about
24 March 15, 2004, in violation of Revenue and Taxation Code Section 19706, a felony.
25 (3) Counts 5 and 6: Respondent failed to file an income tax return on or about
26 March 15, 2003, in violation of Revenue and Taxation Code Section 19706, a felony.
27 (4) Counts 7 and 8: Respondent failed to file an income tax return on or about
28 March 15, 2002, in violation of Revenue and Taxation Code Section 19706, a felony.
3
Accusation
1 (5) Counts 9 and 10: Respondent failed to file an income tax return on or
2 about March 15, 2001, in violation of Revenue and Taxation Code Section 19706, a felony.
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9. On or about November 3, 2008, Respondent pled nolo contendere in Case No.
FSB 800939 to Counts 1, 3, and 7.
10. On or about November 3, 2008, Respondent was sentenced in Case No. FSB
800939 to five years formal probation, 180 days of county jail time, to be stayed upon successful
completion of probation, 200 hours community service, and restitution to the Franchise Tax
Board, State of California, among other probationary terms.
SECOND CAUSE FOR DISCIPLINE
(Commission of Any Act Involving Dishonesty Or Corruption)
11. Respondent is subject to disciplinary action under sections 2227 and 2234 as
defined by section 2234, subdivision ( e ), of the Code, in that he committed acts involving
dishonesty or corruption which are substantially related to the qualifications, functions, or duties
of a physician and surgeon, as more particularly alleged in paragraphs 8, 8 and 10, above, which
are hereby incorporated by reference as if fully set forth herein.
THIRD CAUSE FOR DISCIPLINE
(General Unprofessional Conduct)
12. Respondent is further subject to disciplinary action under sections 2227 and
2234, as defined by section 2234 of the Code, in that he has engaged in conduct which breached
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. Paragraphs 8, 9 and 10, above, are hereby incorporated by reference 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 Physician's and Surgeon's Certificate No. C37654,
4
Accusation
issued to Respondent Norman Eric Johnson, M.D.;
2 2 Revoking, suspending or denying approval of Respondent Norman Eric Johnson,
3 M.D.'s authority to supervise physician assistants, pursuant to section 3527 of the Code;
4 3. Ordering Respondent Norman Eric Johnson, M.D. to pay the Medical Board, if
5 placed on probation, the costs of probation monitoring; and
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4. Taking such other and further action as deemed necessary and proper.
DATED: March 10, 2010
SD2010800207 80433127.doc
Interim Executive Direc r Medical Board of Cal' ornia Department of Co mer Affairs State of California Complainant
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Accusation
