CHIROPRACTORS. UNPROFESSIONAL CONDUCT.

Legislative Initiative Amendment

THE QUESTION

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

THE SITUATION

The Chiropractic Act is a law that was adopted by the voters. Any changes to the act require voter approval. Under the act, the Board of Chiropractic Examiners licenses and regulates chiropractors who practice in California. There are about 15,000 licensed chiropractors in the state. The Board of Chiropractic Examiners can impose discipline, including revoking a license, for various acts of misconduct. If the act is not followed the person is subject to a fine, imprisonment in the county jail or both.

THE PROPOSAL

In September 2000, the legislature passed a bill (SB 1988). The proposal includes several measures designed to subject chiropractors to regulations similar to those that currently apply to medical doctors. The Board of Chiropractic Examiners would be required to investigate any licensed chiropractor who is charged with insurance fraud. A chiropractor’s license may be revoked for ten years upon a second conviction, or conviction on multiple counts; hiring ambulance chasers, etc., to procure patients is unprofessional conduct.

FISCAL EFFECT

None directly. Some savings in insurance likely.

SUPPORTERS SAY

This is a small part of a reform measure that would bring chiropractors into line with other professionals.

OPPONENTS SAY

A chiropractor that defrauds an insurance company should pay restitution and punitive damages, but should not lose his license for ten years.

For more information:

Supporters: Senator Jackie Speier, (650) 361-0301

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

See also Smart Voter Proposition 44 and "In Depth".

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