Disciplinary Actions against
Christopher Zaino, D.C.
Stephen Barrett, M.D.
In 2010, as shown below, the Texas Board of Chiropractic Examiners reprimanded Christopher Zaino, D.C. for gross unprofessional conduct and assessed a $500 administrative penalty for (a) for advertising himself as a doctor without revealing he was a chiropractor, (b) failing to notify the board that his clinic had moved, and (c) failing to make a timely refund to a patient who had advanced approximately $3,200 for a long course of treatment but stopped after three weeks. In 2014, the board assessed an administrative penalty of $250 after concluding that he had "failed to use proper diligence in the practice of chiropractic" by "failing to maintain patient records with the time, date, accurately, and legible, in a manner consistent with the protection and welfare of the patient." Zaino operates the Abundant Life Chiropractic in Houston, Texas, which he describes as "the largest clinic in the world." He also teaches a chiropractic practice-building system called "The Zaino Experience," about which he says: "For an investment of just $7,500, I open up my clinic and my home to you and reveal my ultimate secrets for building and maintaining a 2,400+/week patient volume, $3 million+/year, all-cash Chiropractic practice." Abundant Life's new patient application packet states that Zaino's practice is limited to the diagnosis and treatment of vertebral subluxations, but it also includes a "symptoms of spinal misalignment questionnaire" that relates more than 100 symptoms, diseases, and disease groups to specific regions of the spine.
IN THE MATTER OF
Christopher Zaino, D.C.
LICENSE NO. 10169
TEXAS BOARD OF
AGREED FINAL ORDER
On this 4th day of November 2010, the Texas Board of Chiropractic Examiners ("Board") considered the matter of the license of Christopher Zaino, D.C., Respondent.
This agreed order is executed pursuant to the authority of the Administrative Procedure Act (APA), Texas Government Code § 2001.056, which authorizes the informal disposition of contested cases. In a de sire 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. Christopher Zaino, 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, Title 22, §§ 71.1-80.7.
2. Respondent operates the website www.chriszaino.corn, entitled "Alive by Design," in which he refers to himself as "Dr. Chris Zaino" and "Dr. Zaino." The terms "D.C" or "Chiropractor" are not mentioned on the website in conjunction with "Dr. Chris Zaino" or "Dr. Zaino."
3. Respondent operates a chiropractic facility named Abundant Life Chiropractic, registered as F007135. The facility's address changed from 9006 Forest Crossing to 3000 Research Forest in The Woodlands, but Respondent failed to submit a change of address to the Board until October 28, 2009, after he was aware of the complaint against him .
4. Respondent treated Patient between on or about August 11, 2008, to on or about September 4, 2008, at his chiropractic facility Abundant Life Chiropractic (F007135). Patient entered into a financial agreement via GE Care Credit Card program for approximately $3,200.00 on August 18, 2008.
5. Patient ceased treatment with Respondent on September 4, 2008. Billing for treatment from August 11, 2008, to September 4, 2008, totaled approximately $452.40.
6. Respondent did not refund money to Patient for services not rendered until Patient filed a complaint with Care Credit in September 2009. On November 4, 2009, Respondent refunded the full $3,200.00 to Patient and wrote off the $452.40 for services rendered.
7. On September 14, 2010, the Board's Enforcement Committee met and voted to recommend the following:
a. imposition of an administrative penalty of $250.00,- as authorized by the Chiropractic Act, TEX. OCC. CODE § 201.551, and 22 TEX. ADMIN. CODE § 75.l0(c), for failure to use "D.C." or "Chiropractor" in a public communication (in violation of TEX. OCC. CODE § 201.502(a)(7) and (9) and 22 TEX. ADMIN. CODE § 75.1(a)(2) and § 77.2(f);
b. imposition of an administrative penalty of $250.00, as authorized by the Chiropractic Act, TEX. OCC. CODE § 20l.551, and 22 TEX. ADMIN. CODE § 75.10(c), for failure to report a change of address (in violation of 22 TEX. ADMIN. CODE § 74.S(c»; and
c. a reprimand, as authorized by the Chiropractic Act, TEX. OCC. CODE § 20l.551, and 22 TEX. ADMIN. CODE § 75. 1 O(c), for grossly unprofessional conduct (in violation of TEX. OCC. CODE § 201.502(a)(7) and 22 TEX. ADMIN. CODE § 75.1).
CONCLUSIONS OF LAW
1. Christopher Zaino, D.C., Respondent, is subject to the jurisdiction of the Board and is required to comply with the Chiropractic Act and the Board's rules.
2. By failing to use "D.C." or "Chiropractor" in conjunction with "Dr. Zaino" on the website www.chriszaino.corn, Respondent violated the Chiropractic Act, TEX. OCC. CODE § 201.502(a)(7) and (9) and Board rule, 22 TEX. ADMIN. CODE § 75.1 (a)(2) and § 77.2(f):
§ 201.502. GROUNDS FOR REFUSAL, REVOCATION, OR SUSPENSION OF LICENSE. (a). The board may refuse to admit a person to examinations and may revoke or suspend a license or place a license holder on probation for a period determined by the board for: (7) engaging in grossly unprofessional conduct or dishonorable conduct of a character likely to deceive or defraud the public; (9) using an advertising statement that is false or that tends to mislead or deceive the public.
§ 75.1. GROSSLY UNPROFESSIONAL CONDUCT. (a) Grossly unprofessional conduct when applied to a licensee or chiropractic, facility includes, but is not limited to the following: (2) failing to use the word "chiropractor," "Doctor, D.C.," or "Doctor of Chiropractic, D.C." in all advertising medium, including signs and letterheads.
§ 77.2. PUBLICITY. (f) Licensees shall identify themselves as either "doctor of chiropractic," "DC," or "chiropractor" in an forms of public communication. If each licensee that practices in a registered facility has identified themselves as required above, then the facility name need not include "chiropractic" or similar language.
3. By failing report a change of facility address for Facility Number F007135 in a timely manner, Respondent violated Board rule, 22 TEX. ADMIN. CODE § 74.5(c):
§ 74.5. RULES OF CONDUCT. (c) A facility shall maintain a current street address with the board. A different mailing address may be provided in addition to the street address. A facility shall notify the board, in writing, of any change in street or mailing address or ownership within 30 days of the change. The notification shall be signed by the .owner or authorized representative of the facility and must include the facility registration number.
4. By failing to refund money for services not rendered to a patient in a timely manner, Respondent violated the Chiropractic Act, TEX. OCC. CODE § 201.502(a)(7) and Board rule, 22 TEX. ADMIN. CODE § 75.1:
§ 201.502. GROUNDS FOR REFUSAL, REVOCATION, OR SUSPENSION OF LICENSE. (a) The board may refuse to admit a person to examinations and may revoke or suspend a license or place a license holder ~n probation for a period determined by the board for: (7) engaging in grossly unprofessional conduct or dishonorable conduct of a character likely to deceive or defraud the public.
5. On a determination that a person has violated the Chiropractic Act or Board rules, the Board is authorized pursuant to § 201.501 of the Chiropractic Act to revoke or suspend the person's license, place on probation a person whose license has been suspended, reprimand a license holder, or impose an administrative penalty against the license holder.
NOW THEREFORE, it is the ORDER of the Texas Board of Chiropractic Examiners that:
1. Christopher Zaino, D.C., Respondent, shall:
a. pay an administrative penalty of $500.00 within thirty days, running from the date the Board approves this Agreed Final Order;
b. receive a reprimand; and
c. comply with all provisions of the Chiropractic Act and the Board's rules in the future, or subject himself to further disciplinary action by the Board, including the c. possible revocation of his license to practice chiropractic.
2. Upon approval by the Board, the President of the Board (or 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 his understanding of it, and agrees that he 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 his rights to a formal hearing and any right to judicial review of this Order.
I, Christopher Zaino, 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, ORAL, WRITTEN, OR OTHERWISE.
Approved by a majority of the Texas Board of Chiropractic Examiners on this 4th day of November 2010
Texas Board of Chiropractic Examiners
Tower Ill, Ste. 3-825
Austin, TX. 78701
This article was posted on February 21, 2015.