CHIROPRACTORS.  UNPROFESSIONAL CONDUCT.

Legislative Initiative Amendment

THE QUESTION  

Should the Chiropractic Act be amended to alter procedures and penalties in cases of various specified offenses, including insurance fraud?

PROVISIONS  (Legislative Analyst's information reformatted)

This proposal includes several measures, designed to subject chiropractors to regulations similar to those that currently apply to physicians, including the following:

• The Board of Chiropractic Examiners is required to investigate any licensed chiropractor who is criminally charged with insurance fraud (with the concurrence of the District Attorney).

• The Board is required to revoke a chiropractor's license for ten years upon a second conviction, or conviction on multiple counts in a single case, of various specified offenses, including insurance fraud.

• Hiring of runners, cappers (ambulance chasers), etc. to procure patients is defined as unprofessional conduct.

BACKGROUND

The Chiropractic Act is a law that was adopted by the voters. Changes to the act require voter approval. Under the act, the Board of Chiropractic Examiners licenses and regulates chiropractors who practice in California. The board may impose discipline, including license revocation, for various acts of misconduct. The act makes it a misdemeanor for a person to violate its provisions. Conviction of a violation is subject to a fine or imprisonment in county jail, or both a fine and imprisonment.

Currently, there are about 15,000 licensed chiropractors in the state.

FISCAL EFFECT

The Board of Chiropractic Examiners currently investigates all cases in which a criminal charge has been filed alleging insurance fraud by a licensed chiropractor, where the district attorney does not object. As a result, any additional costs to implement this measure would be negligible.

To the extent that the license revocation and investigation provisions of this measure act as a deterrent and reduce insurance fraud committed by chiropractors, there could be savings, of an unknown amount, to the state in lower workers' compensation and Medi-Cal costs.

IMPACT OF YES OR NO VOTE

A YES vote means that the Chiropractic Act is amended in a manner that subjects chiropractors to regulations similar to those that apply to physicians.

A NO vote means that the Chiropractic Act will remain as it is now.

SUPPORTERS SAY

If you are concerned about the quality of chiropractic care and the cost of all types of insurance that cover it, vote YES on Proposition 44.  It is a small part of the larger reform measure that has already changed the penalties for insurance fraud committed by other professionals.

OPPONENTS SAY

The punishment specified does not fit the crime.  A chiropractor who defrauds an insurance company should have to pay restitution and punitive damages, but should not lose his/her license for ten years.

SUPPORT AND OPPOSITION

Official ballot arguments in favor are signed by Jackie Speier, State Senator, and Gordon Spencer, President, California District Attorneys Association.

Official ballot arguments in opposition are signed by Ted Brown, Insurance Claims Investigator; Dale F. Ogden, Insurance Consultant/Actuary; Ed Kuwatch, Chairman, Libertarian Party of Mendocino County.

For more information:

Supporters:

Senator Jackie Speier, (650) 361-0301

Opponents:

Libertarian Party of California, (818) 782-8400, www.ca.lp.org

For more information, see Smart Voter Proposition 44.

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