Allegation of Complaint:
Franklin Donald DeMint, DO License 34005493
Nature of Complaint
The physician admits that he is impaired in his ability to practice osteopathic medicine according to the acceptable And prevailing standards of care, due to his dependence on his drug of choice, marijuana, and based on his excessive and habitual use of marijuana. However, the physician denies that he ever saw patients while under the influence of marijuana. The physician also admits that he possessed a bulk amount of generic Tylenol #3 tablets, which was not in compliance with Board rules and statutes; that he dispensed controlled substances to a family member under circumstances that did not constitute an emergency; and that he failed to perform and document a proper physical examination prior to dispensing and/or prescribing said medication. On or about August 5, 2009, local law enforcement executed a search warrant at the physician’s residence, which revealed the presence of marijuana and Tylenol#3. The physician states he is unaware of any pending formal criminal charges against him.
The physician admits he has been engaged in the habitual daily use of marijuana since 1997; and, that he falsely answered “no” to the question of whether he was dependent upon any chemical substance on his biennial license renewals.
The physician voluntarily entered into a Consent Agreement with the State Medical Board of Ohio subject to various terms, conditions and limitations, but not limited to the following.
The Consent Agreement conditions and limitation may be amended or terminated in writing at any time upon the agreement of both parties. In the event the physician violates the any terms or conditions of the Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings.
- The Board has placed the physician’s certificate to practice osteopathic medicine and surgery in the state of Ohio on Indefinite Suspension , but for not less than 180 days.
- The physician shall be subject to Sobriety.
- The physician is subject to Releases; Quarterly Declarations and Appearances.
- The physician is subject to random Board-approved Drug and Alcohol Screens.
- The physician is subject to participation in an alcohol and drug Rehabilitation Program such as AA, NA, CA or Caduceus.
- The Board shall not consider reinstatement or restoration of the physician’s Ohio medical license until a variety of conditions are met and shall include a Consent of Agreement of Probationary terms, conditions and limitations..
- The physician is subject to Required Reporting of the Consent Agreement to all employers and/or entities with which he is under contract to provide health care services or receive training.
03/10/2010 – Consent Agreement
The physician entered into a Consent Agreement with the State Medical Board of Ohio, in which the physician’s certificate to practice osteopathic medicine and surgery shall be Reinstated. Also the physician voluntarily agrees to various Probationary terms, conditions and limitations, but not limited to the following.
The physician shall not request termination of the Consent Agreement for a minimum of five years; nor shall he request modifications for minimum of at least one year.
- The physician shall be subject to Monitoring of Rehabilitation and Treatment including Drug Associated Restrictions, Sobriety, Drug and Alcohol Screens at a Board-approved Drug Testing Facility and/or Collection Site.
- The physician shall be subject to performance monitoring by a Board-approved Monitoring Physician.
- The physician shall be subject to compliance of the terms of the Aftercare contract.
04/15/2010 – Probation Modified
The State Medical Board of Ohio has approved the physician’s Monitoring Physician and established the number of charts for review.