Committee passes 14-day limit on chiropractor contact with auto-accident victims

Representative Rich presented the bill to the House Insurance & Commerce Committee, explaining that the revised measure narrows earlier language: ‘‘It says chiropractors can't contact anybody in a vehicle accident for 14 days. So we've lessened the days. We've taken off the felony, and we've now given it a $500 fine,’’ he said, calling the changes a ‘‘good balance.’’

The proposal drew extensive testimony and questioning. Chris Kathy, representing the Arkansas Chiropractic Society, told the committee that prior statutes and board actions had already reduced solicitation complaints and warned the new restriction would single out chiropractors. ‘‘If this goes through and we're at such a competitive disadvantage, my offices will close and these people will be laid off,’’ Kathy said, describing dozens of employees across multiple offices.

Industry witnesses and marketing vendors said the work of identifying accident victims often relies on police reports and that many medical and legal service providers use similar methods. Derek Blake of Select Marketing Group described limits on outreach as ‘‘overreach’’ and said changes would restrict the industry's ability to communicate with potential patients. Freddie Roams, who said he provides transportation tied to practices working with chiropractors, said ‘‘14 days is a long time for me in my business’’ and that the delay would harm his livelihood.

Other witnesses, including Robbie Wills, testified from the opposing perspective and argued enforcement and existing law should be the focus. Wills, describing recent personal experience after a crash, said he received more calls from attorneys than chiropractors and argued ‘‘All this bill does is takes the chiropractors off the playing field and leads a clean shot for the 8 trial lawyers who wanted to represent me.’’

Committee members pressed on operational details: how marketing firms obtain police reports, whether do-not-call lists or chiropractic-board complaint processes prevent unwanted contact, and whether other health professions engage in the same outreach. Witnesses said some jurisdictions post reports electronically while others do not; that the chiropractic board has post-contact complaint processes and that marketers do not have a way to pre-check statewide do-not-call lists before initial contact.

An amendment to add two cosponsors was adopted by voice vote. After debate and public testimony the committee voted to pass the bill as amended. The chairman declared ‘‘Ayes have it’’ and the transcript records the measure passed in committee by voice vote.