HB1405
To Amend The Statutes Concerning Procurers; And To Add Additional Regulations Regarding The Use Of A Procurer By A Licensed Chiropractic Physician.
AI-Generated Summary
This bill aims to regulate the activities of "procurers" who solicit patients for licensed chiropractic physicians in Arkansas. It expands the definition of "solicit" to include various forms of direct communication, both electronic and in-person. Licensed chiropractic physicians using procurers would be required to have written contracts and register each procurer with the Arkansas State Board of Chiropractic Examiners, providing detailed personal and business information. The bill also establishes new penalties for violations, including the return of payments, prohibition from collecting fees, fines, and potential civil actions for pecuniary loss. Specific restrictions are placed on when and how procurers can solicit, particularly concerning individuals involved in accidents or those under eighteen years of age. It prohibits certain misleading statements and offerings during solicitation, while allowing for broader advertising methods like direct mail and website/social media advertisements.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill, if enacted, would be consumers and patients, particularly those who have been involved in accidents or may be vulnerable to aggressive or misleading solicitation practices. The Arkansas State Board of Chiropractic Examiners would also benefit from having clearer regulatory authority and enforcement mechanisms. Additionally, individuals who are harmed by improper solicitation practices may benefit from the enhanced avenues for recourse and recovery of damages. The bill's provisions on returning payments and prohibiting fee collection in certain violation scenarios could directly benefit individuals who have paid for services obtained through improper solicitation.
Who Might Suffer?
The entities most directly and negatively impacted by this bill would be "procurers" themselves and the chiropractic physicians who utilize their services. Procurers would face significantly increased regulatory burdens, including registration requirements, detailed record-keeping, and restrictions on their solicitation methods and timing. Chiropractic physicians would bear the responsibility for ensuring their procurers comply with these new regulations, facing potential financial penalties, loss of collected fees, and civil liability for their procurers' actions. This could lead to a reduction in the number of individuals acting as procurers or a decrease in the use of procurers by chiropractic physicians due to the increased compliance costs and risks.