Genene Prado, D.C.,
Surrenders Chiropractic License
Stephen Barrett, M.D.
Genene Prado, D.C. (also known as Genene Gonser-Prado, D.C.) in now doing business as NutriMost Austin, which offers a weight-loss program I have described elsewhere. She has also done business as Prado Wellness and at least one other clinic name. Her NutriMost Web site states that in addition to her chiropractic degree she had "post graduate education and specialty in Functional Endocrinology, Functional Blood Chemistry, Functional Medicine, Disc Degeneration, Disc injuries, Peripheral Neuropathy, Bio Cranial Therapy and Emotional release techniques" and that she is certified in alphabiotics and clinical nutrition. The site also states that "the focus of her practice is in functional medicine and wellness. Incorporating the care of the whole person through neurology, endocrinology, immunology, nutrition and exercise."
Between 2007 and 2014, The Texas Board of Chiropractic Examiners disciplined Prado three times. In 2007, she signed an agreed order that she pay a $600 fine for "failing to use due diligence by failing to register her facility." In 2009, she signed an agreed order (shown below) that she pay a $1,500 administrative penalty to settle a charge that she had advertised in the Austin American Statesman using "testimonials of persons that are not her patients and did not have a signed statement from those persons to support the statements made." In 2010, the Austin American Statesman noted that Prado had run full-page newspaper ads stating that (a) her Verona laser treatments would cause her patients to "lose inches of fat" with "no surgery, no dieting, no exercise and no sweat" and (b) she was expert at helping diabetics who may have been mishandled by other doctors. In 2014, she signed another agreed order under which she was fined another $1,500 for for placing a newspaper ad for services outside of a chiropractor's scope of practice. The content of the ad was not specified.
In February 2016, the board's enforcement committee recommended revocation of her chiropractic license and facility registrations for (a) improperly using the term "physician"; (b) advertising false statements; (c) practicing outside the scope of practice for a chiropractor; (d) failing to display the public information placard, license, and facility registration; and (e) violating two previous agreed orders. In a formal complaint to the State Office of Administrative Hearings (SOAH), the board also noted that she had "failed to differentiate her chiropractic clinic from the other businesses or enterprises she operates from her chiropractic clinic by operating under the guise of the Pastoral Medical Association . . . to sell NutriMost supplements and a cosmetic weight-loss program." Rather than proceed with the SOAH hearing, Prado closed her chiropractic clinic and voluntarily surrendered her chiropractic license in exchange for dismissing the charges.
In April 2016, the Texas Medical Board entered a cease-and-desist order requiring that Prado immediately cease "the advertisement and practice of medicine outside the scope of chiropractic in the state of Texas." The Board concluded that she had engaged in the unlicensed practice of medicine by offering services and treatment beyond the scope of a chiropractic practice and held herself out to be a physician on at least one website by using the title of "Doctor" without clarifying that she is a "Doctor of Chiropractic."
Prado now appears to be operating her business as a practitioner-member of the Pastoral Medical Association, a private membership association that issues "licenses." It remains to be seen whether the State of Texas will permit her to continue doing this.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
IN THE MATTER OF THE
$1500 ADMINISTRATIVE PENALTY
Genene Gonser-Prado, D.C.
LICENSE NO. 6945
TEXAS BOARD OF
AGREED FINAL ORDER
On this 19th Day of May, 2009, the Texas Board of Chiropractic Examiners Board considered the matter of the license of Genene Gonser-Prado, D.C., respondent.
This agreed order is executed pursuant to the authority of the Administrative Procedures Act. (APA), Texas Government Code §2001.056, which authorizes the informal disposition of contested cases. In a desire to conclude this matter without further delay and expense, the Board and Respondent agree to resolve this matter by this Agreed Final Order. The Respondent agrees to this order for the purpose of resolving this proceeding only and without admitting or denying the findings of fact and conclusions of law set out in this order.
Upon recommendation of the Enforcement Committee, the Board makes the following findings of fact and conclusions of law and enters this order:
FINDINGS OF FACT
1. Genene Gonser-Prado, D.C. Respondent, is a chiropractor licensed by the Board to practice chiropractic in the State of Texas and is, therefore, subject to the jurisdiction of the Board, the Chiropractic Act, Texas Occupations Code, Chapter 201, and the Board's rules, Texas Administrative Code (TAC), Title 22, §§71.1-80.7.
2. Respondent was found use advertising in the Austin American Statesman newspaper containing testimonials of persons that are not her patients and did not have a signed statement from those persons to support the statements made.
3. On May 19, 2009 the Board's Enforcement Committee met and voted to as authorized by Texas Occupations Code §201.551, and 22 TAC §75.10(c).
CONCLUSIONS OF LAW
1. Genene Gonser-Prado, D.C. is subject to the jurisdiction of the Board and is required to comply with the Chiropractic Act and the Board's rules.
2. Respondent was found to be in violation of 22 TAC§77.2(D):
22 TAC §77.2 (d) Licensees or registered facilities that intend to include a testimonial as part of any form of public communication shall maintain a signed statement from that person or group to support any statements that may be used in any public communication for a minimum of two years from publication of the testimonial.
NOW THEREFORE, it is ORDER of the Texas Board of Chiropractic Examiners that:
1. Genene Gonser-Prado, D.C.
a. shall pay a $1500 administrative penalty, running from the date the Board approves this Agreed Final Order; and
b. shall comply with all provisions of the Chiropractic Act and the Board's rules in the future, or subject herself to further disciplinary action by the Board, including the possible revocation of her license to practice chiropractic.
2. Upon approval by the Board, the Chair of the Enforcement Committee and the Executive Director are authorized to sign this order on behalf of the Board.
By signing this Agreed Final Order, RESPONDENT:
1. Agrees to its terms, acknowledges her understanding of it, and agrees that she will satisfactorily comply with the mandates of this Agreed Order in a timely manner or be subject to appropriate disciplinary action by the Board; and
2. Waives her rights to a formal hearing and any right to judicial review of this Order.
I, Genene Gonser-Prado, D.C., HAVE READ AND UNDERSTAND THE FOREGOING AGREED FINAL ORDER. I UNDERSTAND THAT BY SIGNING THIS AGREED FINAL ORDER, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY, WILLINGLY, AND KNOWINGLY. I UNDERSTAND THIS AGREED FINAL ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN, OR OTHERWISE.
Approved by a majority of the Texas Board of Chiropractic Examiners on Aug 13, 2009.
Texas Board of Chiropractic Examiners
Tower III, Ste. 3 -825
Austin, TX. 78701