Disciplinary Action against
Jesus Caquias, M.D.
Stephen Barrett, M.D.
Jesus Caquias, M.D., has been disciplined twice by the Texas Board of Medical Examiners.
- In 2006, the board concluded that he had failed to maintain adequate medical records and ordered him to (a) resign from his role as a gatekeeper in the county indigent program, (b) undergo remedial training in recordkeeping, and (c) have his practice monitored for two years.
- In 2007, as shown below, he signed an agreed order under which he was fined $5,000 and agreed to stop (a) advertising in a manner that would cause confusion to the public, (b) using overly broad claims that would "tend to mislead the public as to cures for diseases" and (c) advertising with references to organizations not recognized by the American Board of Medical Specialties.
In February 2006, Caquias became medical director of Care Clinics (in Austin), which offers questionable testing and treatment for children with autistic spectrum disorders.
LICENSE NO. F-8432
IN THE MATTER OF THE
JESUS ANTONIO CAQUIAS, M.D.
TEXAS STATE BOARD OF
On the 13 day of April, 2007, came on to be heard before the Texas Medical Board (the "Board"), duly in session, the matter of the license of Jesus Antonio Caquias, M.D. ("Respondent").
On June 12, 2006, Respondent appeared in person, with counsel Ron Armstrong, at an Informal Show Compliance Proceeding and Settlement Conference in response to a letter of invitation from the staff of the Board. Oscar San Miguel represented Board staff. The Board's representatives were Jose Manuel Benavides, M.D. and Timothy J. Turner, members of the Board.
Upon the recommendation of the Board's representatives and with the consent of Respondent, the Board makes the following Findings of Fact and Conclusions of Law and enters this Agreed Order.
FINDINGS OF FACT
The Board finds that:
1. Respondent received all notice required by law. All jurisdictional requirements have been satisfied. Respondent waives any defect in notice and any further right to notice or hearing under the Medical Malpractice Act, Title 3, Subtitle B, Texas Occupations Code (the "Act") or the Rules' of the Board.
2. Respondent currently holds Texas Medical License No. F-8432. Respondent was originally issued this license to practice medicine in Texas on December 3, 1980. Respondent is also licensed to practice in New York and Tennessee.
3. Respondent is primarily engaged in general practice. Respondent is not board certified in this specialty.
4. Respondent is 55 years of age.
5. Respondent has previously been the subject of disciplinary action by the Board. ,
6. In an advertisement Respondent is referred to as "Doctor of Integrative Medicine and lists the following acronyms "AAGP, DA4M, ISCD, LFAAIM, DAAIMPCP".
7 . The body of this advertisement states, "There are many people who perceive themselves as healthy who are really quite ill" and discusses loss of energy, toxin exposures, and the effects of these on the body.
8. Such advertisements contain material or representations likely to mislead or confuse the public.
9. Respondent has advertised previously with similar ads that contained material or representations likely to mislead or confuse the public.
10. Respondent has 'cooperated in the investigation of the allegations related to this Agreed Order. Respondent's cooperation, through consent to this Agreed Order, pursuant to the provisions of Section 164.002 the Act, will save money and resources for the State of Texas. To avoid further investigation, hearings~ and the expense and inconvenience of litigation, Respondent agrees to the entry of this Agreed Order and to comply with its terms and conditions.
CONCLUSIONS OF LAW
Based on the above Findings of Fact, the Board concludes that:
1. The Board has jurisdiction over the subject matter and Respondent pursuant to the Act.
2. Section 164.052(a)(S) of the Act authorizes the Board to take disciplinary action against Respondent based upon Respondent's unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public.
3. Section 164,OS2(a)(6) of the Act and Board Rules 154.3(1) and (10) authorize the Board to take disciplinary action against Respondent based on Respondent using an advertising statement that is false, misleading, or deceptive.
4. Section 164.001 of the Act authorizes the Board to impose a range of disciplinary actions against a person for violation of the Act or a Board rule. Such. sanctions include: revocation, suspension, probation, public reprimand, limitation or restriction on practice, counseling or treatment, required educational or counseling programs, monitored practice, public service, and an administrative penalty.
5. Section 164.002(a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order.
6. Section 164.002(d) of the Act provides that this Agreed Order is a settlement agreement under the Texas Rules of Evidence for purposes of civil litigation.
Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that:
1. Respondent will cease advertising in a manner that would cause confusion to the public or using overly broad claims which would tend to mislead the public as to cures for diseases.
2. Respondent shall cease advertising using references to organizations not recognized by the American Board of Medical Specialties.
3. Respondent shall pay an administrative penalty in the amount of $5,000 within 180 days of the entry of this Order. The administrative penalty shall be paid in a single payment by cashier's check or money order payable to the Texas Medical Board and shall be submitted to the Director of Compliance for the Board for routing so as to be remitted to the Comptroller of Texas for deposit in the general revenue fund. Respondent's failure to pay the administrative penalty as ordered shall constitute grounds for further disciplinary action by the Board, and may result in a referral by the Executive Director of the Board for collection by the Office of the Attorney General.
4, Respondent shall comply with all the provisions of the Act and other statutes regulating the Respondent's practice.
5. Respondent shall inform the Board in writing of any change of Respondent's mailing or practice address within ten days of the address change. This information shall be submitted to the Permits Department and the Director of Compliance for the Board. Failure to provide such information in a timely manner shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act.
6. Any violation of the terms, conditions, or requirements of this Order by Respondent shall constitute unprofessional conduct likely to deceive or defraud the public, and to injure the public, and shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act. Respondent agrees that ten days notice of a Probationer Show Compliance Proceeding to address any allegation of non-compliance of this Agreed Order. is adequate and reasonable notice prior to the initiation of formal disciplinary action. Respondent waives the 30-day notice requirement provided by § 164.003(b )(2) of the Medical Practice Act and agrees to 10 days notice, as provided in 22 Texas Administrative Code§187.44(4).
7. This Order shall terminate upon payment of the administrative penalty and written confirmation from Respondent that his adveI.1isements have been appropriately revised or terminated.
RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT IN REGARD TO ALL TERMS AND CONDITIONS OF THIS AGREED ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER.
THIS ORDER IS A PUBLIC RECORD.
I, JESUS ANTONIO CAQUIAS, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING, I WAVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE.
JESUS ANTIONIO CAQUIAS, M.D.
SIGNED AND ENTERED by the presiding officer of the Texas Medical Board on this 13 day of April, 2007
Roberta M. Kalafut, D.O., President
Texas Medical Board
This page was revised on November 21, 2008.