Arkansas Administrative Code › Agency 239 - Department of Health › Rule 239.00.22-001 - Advertising by Chiropractic Physicians

Current through Register Vol. 49, No. 6, June, 2024
Act 589 - To Regulate the Use of a Procurer by a Licensed
			 Chiropractic Physician
Ark. Admin. Code 007.33.8-2
(Formerly cited as AR
			 ADC 029.00.2)
PART 2.
RULES
D.
ADVERTISING BY
		  CHIROPRACTIC PHYSICIANS.
Advertising by chiropractic physicians should
		  be dignified, ethical and professional, not necessarily limited to, but
		  preferably of an educational or informative nature or as a statement of basic
		  fees. Chiropractic physicians have the sole responsibility over the employees
		  or agents hired, including those hired for advertising/marketing purposes.
9. Telephone communication including
		  advertising/marketing. Any agent, procurer, contractor, or employee
		  communicating with a prospective patient on behalf of a chiropractic physician
		  shall disclose how the agent, procurer, contractor, or employee obtained the
		  prospective patient's information. The agent, procurer, contractor, or employee
		  must communicate his or her legal name and the name of the particular
		  chiropractic physician on whose behalf the communication is being made, that he
		  or she is an agent, procurer, contractor, or employee of the particular
		  chiropractic physician. Unless such communication of the agent, procurer,
		  contractor, or employee is true and evidence of the same is on file with the
		  Board, the agent, procurer, contractor, or employee shall not state that he or
		  she practices or is employed as attorney, insurance adjuster, chiropractor, and
		  is not employed in the fields of law, health care, law enforcement, private
		  investigation, or insurance.
(a) When direct
		  in-person solicitation is made by an agent, procurer, contractor, or employee
		  of the chiropractor, in addition to the requirements set forth in paragraph 9,
		  the agent, procurer, contractor, or employee shall show the person being
		  solicited a photo ID with their legal name and the name of the chiropractic
		  physician on whose behalf the solicitation is being made, and shall dispense a
		  professional card bearing his or her legal name, and the name, address, and
		  telephone number of the licensed chiropractic physician on whose behalf the
		  solicitation is being made. Such professional card shall be provided to the
		  person being solicited at the beginning of the encounter, and shall be left
		  with the person regardless of whether the person being solicited accepts the
		  solicitation request.
(b) The
		  licensee employing an agent, procurer, contractor, or employee for purposes of
		  soliciting new patients shall file, in a format approved by the board, a
		  registration form that includes the procurer's full legal name, permanent home
		  address, and business and/or personal telephone number solely used for client
		  communication purposes, a copy of the procurers' driver's license or state
		  issued photo ID, and a copy of their written contract before the procurer acts
		  on the chiropractor's behalf. Each procurer registration shall terminate on
		  December 31. The chiropractic physician shall register each procurer annually.
		  The chiropractor is required to provide the board with updated procurer
		  registration information, should any of it change during the year. All
		  registered phone numbers and pictures of the procurers will be made public on
		  the board's website to be as transparent as possible. The chiropractic
		  physician is responsible to the Board for the content of the contact, including
		  prohibited statements made or required statements not made, as well as for any
		  action that is foreseeable in a telephone or in-person encounter.
(1) Telephone solicitation/marketing of
		  victims of accidental injury and which are conducted on behalf of chiropractic
		  physicians shall be made in substantial conformance to a written script which
		  is considered by the Board to have been specifically approved by the
		  chiropractic physician. The chiropractic physician shall be required to
		  maintain such scripts for a period of two (2) years following their
		  utilization. Scripts are to be made available for review upon request by this
		  Board or its designee.
(2) Agents,
		  procurers, contractors, or employees of chiropractic physicians who solicit
		  victims of accidental injury shall keep a log of all solicitation calls made,
		  including at minimum the name and phone number of the person being solicited,
		  the date and time of the phone call. These logs shall be kept for a period of 5
		  years.