ArkansasHB14052025 Regular SessionHouseWALLET

TO AMEND THE STATUTES CONCERNING PROCURERS; AND TO ADD ADDITIONAL REGULATIONS REGARDING THE USE OF A PROCURER BY A LICENSED CHIROPRACTIC PHYSICIAN.

Sponsored By: Justin Boyd (Republican), Jay Richardson (Democratic)

Enacted

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 2 costs, 1 mixed.

Patient refunds and penalties for chiropractors

When an Arkansas chiropractor violates the procurer rules, payments for services to someone named in a motor vehicle accident report must be returned. Refunds go to the injured person, insurer, or other payor. The chiropractor must pay reasonable attorney's fees incurred to recover those payments, cannot collect fees for those services, and owes a $500 board fine. Anyone who loses money because of a violation can sue for that loss, court costs, and reasonable attorney's fees. They can also recover an additional award equal to $500 or twice their loss, whichever is greater.

Children protected from direct chiropractic pitches

Arkansas chiropractors and procurers—people who seek patients for them—cannot directly solicit anyone under 18. This protects children from direct treatment pitches, but does not ban all public advertising.

Limits on contacting injured chiropractic patients

Arkansas limits chiropractors and their representatives from seeking patients through visits, calls, texts, and electronic direct messages. They cannot seek patients for accident, disaster, or other event-related injuries without a family or prior professional relationship. For motor vehicle accidents, contact is also allowed more than 14 days after the accident. Mail, written, radio, and television ads remain allowed but cannot be coercive, harassing, false, deceptive, or misleading. Websites and social media remain allowed but cannot be used to break the accident-related contact rules.

Patients protected from deceptive chiropractic pitches

People seeking patients for Arkansas chiropractors must use the phone number registered with the chiropractic board. They cannot falsely claim ties to insurers, government agencies, or regulators, or imply official endorsement. They cannot mislead people about insurance coverage or preferred or in-network provider status. They also cannot offer anything of value, use false identities, or promise medication or supplies without legal authority. Other deceptive or misleading conduct is also banned.

Chiropractors answer for paid patient referrals

Arkansas chiropractors are responsible for statements made by patient recruiters seeking patients on their behalf, even without a written contract. This applies when the chiropractor pays or has paid for referrals and the recruiter reasonably expects referral payment. Providing services to someone referred by the chiropractor's registered recruiter also counts as solicitation. The same applies to referrals from anyone the chiropractor pays for referrals, regardless of their relationship.

Chiropractors face new patient recruiter paperwork

Patient recruiters must have written contracts with the Arkansas chiropractor or recruitment company engaging them. Chiropractors must register hired or contracted recruiters annually with the Arkansas State Board of Chiropractic Examiners; registrations expire December 31. Registration includes the recruiter's legal name, valid state-issued photo ID, home address, client-contact phone number, and the chiropractor's contact details. Chiropractors must update changed information during the year. Activity records must list people contacted and their phone numbers, the chiropractor, accident dates and times, recruiter pay per actual or potential patient, treatment received, and money shared with others for recruitment work.

Sponsors & Cosponsors

Sponsors

  • Justin Boyd

    Republican • Senate

  • Jay Richardson

    Democratic • House

Cosponsors

  • Zack Gramlich

    Republican • House

  • Lee Johnson

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 193 • No: 19

House vote • 3/12/2025

House Vote - Wednesday, March 12, 2025 1:52:33 PM

Yes: 96 • No: 2

Senate vote • 3/11/2025

Senate Vote - Tuesday, March 11, 2025 3:20:52 PM

Yes: 28 • No: 4 • Other: 2

House vote • 2/24/2025

House Vote - Monday, February 24, 2025 1:50:29 PM

Yes: 69 • No: 13 • Other: 7

Actions Timeline

  1. Notification that HB1405 is now Act 309

    3/18/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    3/13/2025House
  3. TO BE ENROLLED

    3/12/2025House
  4. Senate amendment # 1 read and concurred in.

    3/12/2025House
  5. Returned from Senate as passed, as amended # 1

    3/11/2025House
  6. Returned to the House as passed as amended # 1 .

    3/11/2025Senate
  7. Read the third time and passed.

    3/11/2025Senate
  8. REPORTED CORRECTLY ENGROSSED

    3/10/2025Senate
  9. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    3/10/2025Senate
  10. Placed on second reading for purpose of amendment.

    3/10/2025Senate
  11. Returned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1

    3/6/2025Senate
  12. Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE

    2/24/2025Senate
  13. Received from the House.

    2/24/2025Senate
  14. Read the third time and passed and ordered transmitted to the Senate.

    2/24/2025House
  15. REPORTED CORRECTLY ENGROSSED

    2/20/2025House
  16. Amendment No. 3 read and adopted and the bill ordered engrossed.

    2/20/2025House
  17. Placed on second reading for the purpose of amendment.

    2/20/2025House
  18. Returned by the Committee with the recommendation that it do pass as amended 3

    2/19/2025House
  19. REPORTED CORRECTLY ENGROSSED

    2/18/2025House
  20. Amendment No. 2 read and adopted and the bill ordered engrossed.

    2/18/2025House
  21. Placed on second reading for the purpose of amendment.

    2/18/2025House
  22. REPORTED CORRECTLY ENGROSSED

    2/11/2025House
  23. Amendment No. 1 read and adopted and the bill ordered engrossed.

    2/11/2025House
  24. Placed on second reading for the purpose of amendment.

    2/11/2025House
  25. Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE

    2/4/2025House

Bill Text

  • HB1405 - Introduced

    2/4/2025

  • Act Version

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