(a) As used in this section:(1) (A) “Procurer” means a person or entity who for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a chiropractic physician.(B) “Procurer” does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;(2) “Public media” means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with specific prospective clients, patients, or customers; and(3) “Solicit” means the initiation of in-person communication, telemarketing communication, telephonic communication, text message communication, internet direct message communication, or any other electronic direct message communication, or any combination of communications, by a chiropractic physician, including by his or her employee, agent, independent contractor, or procurer.
(1) (A) “Procurer” means a person or entity who for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a chiropractic physician.(B) “Procurer” does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;
(A) “Procurer” means a person or entity who for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a chiropractic physician.
(B) “Procurer” does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;
(2) “Public media” means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with specific prospective clients, patients, or customers; and
(3) “Solicit” means the initiation of in-person communication, telemarketing communication, telephonic communication, text message communication, internet direct message communication, or any other electronic direct message communication, or any combination of communications, by a chiropractic physician, including by his or her employee, agent, independent contractor, or procurer.
(b) (1) A chiropractic physician who uses a procurer is required to:(A) Have a written contract with the procurer or procurement company with whom the chiropractic physician engages; and(B) Register the name of each procurer with whom the chiropractic physician contracts with the Arkansas State Board of Chiropractic Examiners.(2) A chiropractic physician shall register a procurer with the board by filing the following information with the board on a form approved by the board:(A) The full legal name of the procurer with whom the chiropractic physician has a current contract and engages;(B) A valid state-issued photo identification or driver's license, or both, of the procurer;(C) The procurer's permanent home address;(D) The procurer's telephone number used for client communication purposes or to make calls and send electronic text messages to potential clients; and(E) The name, telephone number, and address of the chiropractic physician engaging or employing the procurer.(3) The chiropractic physician shall provide the board with updated procurer registration information, should any of the information required under subdivision (b)(2) of this section change during the year.(4) (A) The procurer registration expires on December 31 of each year.(B) If a chiropractic physician engages a procurer, the chiropractic physician shall register the procurer annually.
(1) A chiropractic physician who uses a procurer is required to:(A) Have a written contract with the procurer or procurement company with whom the chiropractic physician engages; and(B) Register the name of each procurer with whom the chiropractic physician contracts with the Arkansas State Board of Chiropractic Examiners.
(A) Have a written contract with the procurer or procurement company with whom the chiropractic physician engages; and
(B) Register the name of each procurer with whom the chiropractic physician contracts with the Arkansas State Board of Chiropractic Examiners.
(2) A chiropractic physician shall register a procurer with the board by filing the following information with the board on a form approved by the board:(A) The full legal name of the procurer with whom the chiropractic physician has a current contract and engages;(B) A valid state-issued photo identification or driver's license, or both, of the procurer;(C) The procurer's permanent home address;(D) The procurer's telephone number used for client communication purposes or to make calls and send electronic text messages to potential clients; and(E) The name, telephone number, and address of the chiropractic physician engaging or employing the procurer.
(A) The full legal name of the procurer with whom the chiropractic physician has a current contract and engages;
(B) A valid state-issued photo identification or driver's license, or both, of the procurer;
(C) The procurer's permanent home address;
(D) The procurer's telephone number used for client communication purposes or to make calls and send electronic text messages to potential clients; and
(E) The name, telephone number, and address of the chiropractic physician engaging or employing the procurer.
(3) The chiropractic physician shall provide the board with updated procurer registration information, should any of the information required under subdivision (b)(2) of this section change during the year.
(4) (A) The procurer registration expires on December 31 of each year.(B) If a chiropractic physician engages a procurer, the chiropractic physician shall register the procurer annually.
(A) The procurer registration expires on December 31 of each year.
(B) If a chiropractic physician engages a procurer, the chiropractic physician shall register the procurer annually.
(c) A violation of this section shall result in the following:(1) (A) Any payments paid by, or on behalf of, an individual named in a motor vehicle accident report for medical services provided by the chiropractic physician to the individual named in a motor vehicle accident report shall be returned to the individual, insurance company, or other payor.(B) The chiropractic physician shall pay reasonable attorney's fees incurred by a person collecting the payments described in subdivision (c)(1)(A) of this section;(2) The prohibition of a chiropractic physician from attempting to collect fees for medical services from an individual named in a motor vehicle accident report;(3) A fine in the amount of five hundred dollars ($500) from the board; and(4) (A) A private civil action in any competent jurisdiction if the person suffered a pecuniary loss because of the chiropractic physician's violation of this section.(B) A person who suffers pecuniary loss because of a chiropractic physician and brings an action under subdivision (c)(4)(A) of this section shall recover:(i) The pecuniary loss caused by the violation;(ii) Court costs;(iii) Reasonable attorney's fees; and(iv) The greater of: (a) Five hundred dollars ($500); or (b) Twice the amount of the pecuniary loss.
(1) (A) Any payments paid by, or on behalf of, an individual named in a motor vehicle accident report for medical services provided by the chiropractic physician to the individual named in a motor vehicle accident report shall be returned to the individual, insurance company, or other payor.(B) The chiropractic physician shall pay reasonable attorney's fees incurred by a person collecting the payments described in subdivision (c)(1)(A) of this section;
(A) Any payments paid by, or on behalf of, an individual named in a motor vehicle accident report for medical services provided by the chiropractic physician to the individual named in a motor vehicle accident report shall be returned to the individual, insurance company, or other payor.
(B) The chiropractic physician shall pay reasonable attorney's fees incurred by a person collecting the payments described in subdivision (c)(1)(A) of this section;
(2) The prohibition of a chiropractic physician from attempting to collect fees for medical services from an individual named in a motor vehicle accident report;
(3) A fine in the amount of five hundred dollars ($500) from the board; and
(4) (A) A private civil action in any competent jurisdiction if the person suffered a pecuniary loss because of the chiropractic physician's violation of this section.(B) A person who suffers pecuniary loss because of a chiropractic physician and brings an action under subdivision (c)(4)(A) of this section shall recover:(i) The pecuniary loss caused by the violation;(ii) Court costs;(iii) Reasonable attorney's fees; and(iv) The greater of: (a) Five hundred dollars ($500); or (b) Twice the amount of the pecuniary loss.
(A) A private civil action in any competent jurisdiction if the person suffered a pecuniary loss because of the chiropractic physician's violation of this section.
(B) A person who suffers pecuniary loss because of a chiropractic physician and brings an action under subdivision (c)(4)(A) of this section shall recover:(i) The pecuniary loss caused by the violation;(ii) Court costs;(iii) Reasonable attorney's fees; and(iv) The greater of: (a) Five hundred dollars ($500); or (b) Twice the amount of the pecuniary loss.
(i) The pecuniary loss caused by the violation;
(ii) Court costs;
(iii) Reasonable attorney's fees; and
(iv) The greater of: (a) Five hundred dollars ($500); or (b) Twice the amount of the pecuniary loss.
(a) Five hundred dollars ($500); or
(b) Twice the amount of the pecuniary loss.
(d) A procurer operating in this state shall:(1) Develop a telephone solicitation training program for all employees or authorized representatives of the procurer;(2) Develop and maintain a solicitation script for use by all employees and authorized representatives of the procurer;(3) (A) Make and keep accounts, correspondence, memoranda, papers, books, and other records for a period of at least five (5) years.(B) The records described in subdivision (d)(3)(A) of this section shall include:(i) The names and telephone numbers of individuals solicited;(ii) The name of the chiropractic physician with whom the procurer has contracted as required under subsection (b) of this section;(iii) If solicitation with an individual is initiated due to a motor vehicle accident, then the date and time of the motor vehicle accident;(iv) The amount of compensation paid to a procurer for the solicitation of each actual or potential patient, customer, or client;(v) The extent of any treatment or medical services obtained by the individual; and(vi) Any moneys shared by the procurer with other persons for conducting work as a procurer;(4) Maintain a log of all training programs required under subdivision (d)(1) of this section that are provided to a procurer and the employees or authorized representatives of the procurer that includes:(A) The curriculum of any training program;(B) The dates upon which any training program is provided; and(C) The signature of each individual participating in the training program and acknowledgment that he or she has completed the training program and agrees to perform the work of solicitation according to the training program; and(5) Maintain all solicitations, advertisements, and advertising materials used by the procurer in soliciting clients for the services of a chiropractic physician.
(1) Develop a telephone solicitation training program for all employees or authorized representatives of the procurer;
(2) Develop and maintain a solicitation script for use by all employees and authorized representatives of the procurer;
(3) (A) Make and keep accounts, correspondence, memoranda, papers, books, and other records for a period of at least five (5) years.(B) The records described in subdivision (d)(3)(A) of this section shall include:(i) The names and telephone numbers of individuals solicited;(ii) The name of the chiropractic physician with whom the procurer has contracted as required under subsection (b) of this section;(iii) If solicitation with an individual is initiated due to a motor vehicle accident, then the date and time of the motor vehicle accident;(iv) The amount of compensation paid to a procurer for the solicitation of each actual or potential patient, customer, or client;(v) The extent of any treatment or medical services obtained by the individual; and(vi) Any moneys shared by the procurer with other persons for conducting work as a procurer;
(A) Make and keep accounts, correspondence, memoranda, papers, books, and other records for a period of at least five (5) years.
(B) The records described in subdivision (d)(3)(A) of this section shall include:(i) The names and telephone numbers of individuals solicited;(ii) The name of the chiropractic physician with whom the procurer has contracted as required under subsection (b) of this section;(iii) If solicitation with an individual is initiated due to a motor vehicle accident, then the date and time of the motor vehicle accident;(iv) The amount of compensation paid to a procurer for the solicitation of each actual or potential patient, customer, or client;(v) The extent of any treatment or medical services obtained by the individual; and(vi) Any moneys shared by the procurer with other persons for conducting work as a procurer;
(i) The names and telephone numbers of individuals solicited;
(ii) The name of the chiropractic physician with whom the procurer has contracted as required under subsection (b) of this section;
(iii) If solicitation with an individual is initiated due to a motor vehicle accident, then the date and time of the motor vehicle accident;
(iv) The amount of compensation paid to a procurer for the solicitation of each actual or potential patient, customer, or client;
(v) The extent of any treatment or medical services obtained by the individual; and
(vi) Any moneys shared by the procurer with other persons for conducting work as a procurer;
(4) Maintain a log of all training programs required under subdivision (d)(1) of this section that are provided to a procurer and the employees or authorized representatives of the procurer that includes:(A) The curriculum of any training program;(B) The dates upon which any training program is provided; and(C) The signature of each individual participating in the training program and acknowledgment that he or she has completed the training program and agrees to perform the work of solicitation according to the training program; and
(A) The curriculum of any training program;
(B) The dates upon which any training program is provided; and
(C) The signature of each individual participating in the training program and acknowledgment that he or she has completed the training program and agrees to perform the work of solicitation according to the training program; and
(5) Maintain all solicitations, advertisements, and advertising materials used by the procurer in soliciting clients for the services of a chiropractic physician.
(e) It is unlawful for a procurer to transact business in this state if the procurer has not met the contract and registration requirements under subsection (b) of this section.
(f) The board may adopt rules to implement this section.
(g) (1) A chiropractic physician convicted of a Class D felony under § 5-37-505 or § 5-37-506 is subject to mandatory license revocation.(2) A procurer convicted of a Class D felony under § 5-37-505 or § 5-37-506 is disqualified from transacting business in this state as a procurer under this subchapter.
(1) A chiropractic physician convicted of a Class D felony under § 5-37-505 or § 5-37-506 is subject to mandatory license revocation.
(2) A procurer convicted of a Class D felony under § 5-37-505 or § 5-37-506 is disqualified from transacting business in this state as a procurer under this subchapter.
(h) A violation of this section is a deceptive and unconscionable trade practice under § 4-88-107 and is subject to the penalties, remedies, and enforcement provisions under the Deceptive Trade Practices Act, § 4-88-101 et seq.
(i) A chiropractic physician, including his or her employee, agent, independent contractor, or procurer, shall not solicit an individual who has been involved in an accident, disaster, or other event that causes injury for the purpose of treating injuries that the individual sustained or may have sustained in the accident, disaster, or other event unless:(1) The chiropractic physician has a family or prior professional relationship with the individual; or(2) The chiropractic physician solicits the individual more than fourteen (14) days after the date of the accident, disaster, or other event.
(1) The chiropractic physician has a family or prior professional relationship with the individual; or
(2) The chiropractic physician solicits the individual more than fourteen (14) days after the date of the accident, disaster, or other event.
(j) A chiropractic physician shall have solicited services if the chiropractic physician performs services on an individual who is referred by:(1) A procurer registered under this section of the chiropractic physician; or(2) Any person who receives compensation from the chiropractic physician in consideration of referrals, regardless of the relationship between the referring person and chiropractic physician.
(1) A procurer registered under this section of the chiropractic physician; or
(2) Any person who receives compensation from the chiropractic physician in consideration of referrals, regardless of the relationship between the referring person and chiropractic physician.
(k) Direct solicitation of a person who is under eighteen (18) years of age is prohibited.
(l) A chiropractic physician is liable for any representation made by a procurer soliciting services on behalf of the chiropractic physician, regardless of the existence of any written contract between the chiropractor and a procurer, if:(1) The chiropractic physician provides or has provided compensation to the procurer for referrals; and(2) A reasonable expectation exists that the procurer will be compensated for referring individuals to the chiropractic physician.
(1) The chiropractic physician provides or has provided compensation to the procurer for referrals; and
(2) A reasonable expectation exists that the procurer will be compensated for referring individuals to the chiropractic physician.
(m) Solicitation conducted by a procurer shall not:(1) Initiate from a telephone number other than the telephone number registered with the board;(2) Falsely state, imply, or otherwise communicate that:(A) He or she has an affiliation with an insurance company unless he or she is an authorized representative of an insurance company;(B) Payment of an insurance claim or insurance coverage will be available or otherwise affected by the individual's willingness to see a specific chiropractic physician or healthcare provider;(C) The Attorney General's office, the board, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or(D) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;(3) Offer or give anything of value or promise payment or gifts of any kind in connection with a solicitation contact;(4) Use a false name or identity during the solicitation;(5) Provide or promise to provide a prescription or nonprescription medication or medical supplies unless he or she is authorized to prescribe and treat according to state law; or(6) Make any other statement that is deceptive or misleading within the context of a solicitation.
(1) Initiate from a telephone number other than the telephone number registered with the board;
(2) Falsely state, imply, or otherwise communicate that:(A) He or she has an affiliation with an insurance company unless he or she is an authorized representative of an insurance company;(B) Payment of an insurance claim or insurance coverage will be available or otherwise affected by the individual's willingness to see a specific chiropractic physician or healthcare provider;(C) The Attorney General's office, the board, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or(D) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;
(A) He or she has an affiliation with an insurance company unless he or she is an authorized representative of an insurance company;
(B) Payment of an insurance claim or insurance coverage will be available or otherwise affected by the individual's willingness to see a specific chiropractic physician or healthcare provider;
(C) The Attorney General's office, the board, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or
(D) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;
(3) Offer or give anything of value or promise payment or gifts of any kind in connection with a solicitation contact;
(4) Use a false name or identity during the solicitation;
(5) Provide or promise to provide a prescription or nonprescription medication or medical supplies unless he or she is authorized to prescribe and treat according to state law; or
(6) Make any other statement that is deceptive or misleading within the context of a solicitation.
(n) This section does not prohibit:(1) Solicitation by targeted direct-mail advertising or other forms of written, radio, or television advertising, if the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading; or(2) Advertisement of a chiropractic physician's services by website or any social media account if the chiropractic physician does not use the website or social media account to solicit an individual in violation of subsection (i) of this section.
(1) Solicitation by targeted direct-mail advertising or other forms of written, radio, or television advertising, if the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading; or
(2) Advertisement of a chiropractic physician's services by website or any social media account if the chiropractic physician does not use the website or social media account to solicit an individual in violation of subsection (i) of this section.