Texas Medical Board (TMB) suspended the license of Roberto Zayas Jr., M.D., , after ruling that Dr. Zayas’ continuation in the practice of medicine would present a continuing threat to the public welfare. The temporary suspension hearing was held with notice on Monday, April 28.
The action was based on the finding that Dr. Zayas was responsible for weight-loss clinics at many locations where diet drugs are provided to patients without Dr. Zayas ever seeing the patients or reviewing their charts. The panel found that patients are receiving injections of Adenosine Monophosphate for weight loss, and this drug is not indicated or approved for weight loss.
The panel also found that medical records were inadequate; that patients were not giving informed consent for off-label use of drugs; that physician assistants and advanced nurse practitioners who were dispensing the drugs were not adequately supervised; that drugs were being improperly dispensed at the clinics; and that Dr. Zayas was billing for treating patients whom he never saw or treated.
The length of a temporary suspension is indefinite and it remains in effect until the board takes further action.
Legal Analysis: Looks like the doctor got himself into hot water by not closely supervising the weight loss operation and delegating medical therapy to non physicians. Poor record keeping can sink a good defense.