Polk County Sheriff’s Office undercover detectives have charged 68-year-old Enrique Vela, and his wife, 56-year-old Ute Marquez, both of 1502 Dundee Road, Winter Haven, with Practicing Medicine without a License (F-3).  The couple operates the “Alternative Therapy Center,” a business at their residence, 1502 Dundee Road, Winter Haven.  Enrique Vela is a Spanish citizen, though he is living in the United States with a Lawful Permanent Residence card (“Green Card”).  Ute Marquez was born in Germany.

Both Vela and Marquez were placed under arrest and transported to the Polk County jail.  Vela was charged with four counts of Unlawful Practice of Medicine, and four counts of Unlawful Practice of a Healthcare Professional.  Marquez is charged with three counts of Unlawful Practice of Medicine and three counts of Unlawful Practice of a Healthcare Professional.

Florida Department of Health State Investigators contacted PCSO detectives in November 2008 regarding an anonymous complaint alleging that Vela and his wife were practicing medicine without a license.  The DOH advised that Vela and Marquez were alleged to have made medical “diagnoses,” prescribed “treatment,” prescribed “medicine” and supplements, and used a machine called the Asyra System – a “bio-energetic testing / health screening” device (self claimed according to a website marketing the Asyra System).

The makers/marketers of the device claim it is an “Electro-Dermal Screening Device” used to measure energetic imbalances.  The device can best be described as a galvanic skin response machine that measures skin resistance to a very small electrical current.  The machine is not a diagnostic device and has not been approved by the FDA (U.S. Food and Drug Administration) as such. 

The device has obtained 510(k) clearance (not approval) by the FDA as a device that can be used for biofeedback or to measure skin resistance—the 510(k) “clear for market” clearance does not entitle the device(s) to be marketed for any other purpose.

The “Quackwatch” website (http://www.quackwatch.org) describes electro-diagnostic devices, such as the Asyra System, as medical quackery—“The devices … are used to diagnose nonexistent health problems, select inappropriate treatment, and defraud insurance companies. The practitioners who use them are either delusional, dishonest, or both.”  Dr. Stephen Barrett, MD (http://www.quackwatch.org/01QuackeryRelatedTopics/electro.html).

Two detectives, acting in an undercover capacity on different occasions, visited the business seeking assistance for various alleged medical concerns.  During the course of the prescribed treatments, both Vela and Marquez advised the “patients” of specific diagnosis regarding their “complaints.”  Detectives were given physical examinations to include spinal adjustments and prescribed specific supplements and herbal remedies for their “medical conditions.”

A female detective was asked to strip to her underwear on two separate occasions.  During the first appointment, Vela pressed on her lower back, and stomach area, pulled on her skin, slapped various parts of her body, and touched and pushed numerous other parts of her body during the exam.  Vela advised the detective that she had inflammation, that her body was full of toxins and that she had parasites in her intestines.  He told the detective that she needed to be screened using the Asyra device.  Vela warned that if she did nothing she could die from the parasites. 

The undercover female detective was “tested” with the Asyra machine later in the day by Ute Marquez.  Marquez had the detective hold a brass device connected to the Asyra system with a probe pressed onto her thumb.  Marquez informed the detective that the results from the testing showed she had hookworm larvae, Bilharziasis, and intestinal fluke in her small intestine.  It also showed she had bacteria and anthrax in her body.  She was prescribed five different health remedies to include Probionic, Amino Acids, Diaverm, Bacteria, and Bio Comerercet 2 to fight the infestations of bacteria. The remedies cost $97.00. The “treatment” with Vela cost $80.00. The total bill for that day was $302.00.

On another visit, Marquez performed the Asyra testing again and advised the detective that she had greatly improved. The comprehensive analysis report showed that the detective had enzyme deficiencies in her intestinal tract.  She was prescribed Protease and Prodophilus FOS, which cost approximately $63.00.  She was charged $125.00 for the use of the Asyra system.

A male undercover detective scheduled an appointment at the Alternative Therapy Center as a client. During the first visit, the detective completed a questionnaire and mentioned he had pains in his kidney area. During this visit, Vela palpated (diagnostic touching) around the detective’s lower spine asking the detective if he had pain. The detective replied that he felt no pain, only pressure.

Vela also palpated the detective’s stomach area and applied pressure to the soles of his feet. During this visit, Vela told the detective that he was a doctor of homeopathic medicine. He advised the detective that he needed to see a radiologist and have a CAT scan.  He advised that he was concerned that the detective had a serious medical condition and mentioned cancer. The detective asked Vela if he was diagnosed with cancer whether or not Vela could treat him. Vela advised that he has healed many people in the early stages of cancer. Vela asked the detective to bring back the results of the CAT scan at a follow up appointment. 

During the later appointment Vela had Marquez run the Asyra system on the male detective.  Marquez advised him that everything appeared normal, and then Vela came in the room and advised Marquez that the detective had complained of diarrhea. She then typed the word “diarrhea” into the Asyra system software and the word “pancreas” popped up on the screen.  Marquez told male detective that he had problems with his pancreas due to his diet.  She also advised that it appeared that he had an exposure to radiation according to the test results. 

She diagnosed him with having skin problems (i.e. connective tissue), sinus issues, and reproductive organ resonance problems. Marquez then prescribed a dietary supplement called mineral magic concentrate. The detective was charged $171.00 for his prescribed supplements, examination, and screening.

Vela described himself to deputies as a “doctor in natural health” and a “homeopathic doctor.”  Neither Vela nor Marquez are licensed medical practitioners, nor are they licensed in chiropractic medicine or nutrition counseling.  The only license Vela has is a Florida State massage therapy license # 30482 (obtained in 01.13.00, renewed on 08.22.05, and expires on 08.31.09).  Neither detective sought massage therapy.

“The public should be careful when seeking unconventional therapy from self-proclaimed alternative health therapy practitioners,” said Sheriff Judd.  “Don’t be afraid to ask for proof of licenses, educational backgrounds, academic research, and documentation.  Consumers need to be careful—there are people out there who are ready to take advantage of their search for a healthy life.”  —Sheriff Grady Judd

Reference Information:

456.065(2) d (1) Unlicensed Practice of a Health Care Professional

It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to practice, attempt to practice, or offer to practice a health care profession without an active, valid Florida license to practice that profession..

458.327 (1) a Unlawful Practice of Medicine

Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a)  The practice of medicine or an attempt to practice medicine without a license to practice in Florida.

definitions:

"Practice of medicine" according to the definitions in fss 458.305 regarding the regulations of professions and occupations in medical practice  means the diagnosis, treatment, operation, or prescription for any human disease, pain,  injury, deformity, or other physical or mental condition.

"Physician" according to fss 458.305 is defined AS A person who is licensed to practice medicine in this state.

“Massage” is defined in fss 480.033(3) as  the manipulation of the soft tissues of the human body with the hand, foot, arm, or  elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation.

"Massage therapist" is defined in fss 480.033(4) as a person licensed as required BY THIS act, who administers massage for compensation.

Anyone who visited the business and believes they have been defrauded by either Vela or Marquez is urged to contact the Florida Department of Health at 813.873.4794