HB1405

House Bill 1405 updates Arkansas law concerning the use of 'procurers'—individuals who solicit patients—by licensed chiropractic physicians. The bill establishes strict definitions for 'solicitation,' including various electronic and in-person communication methods. Chiropractic physicians are now required to maintain a written contract with any procurer they engage and must register those procurers annually with the Arkansas State Board of Chiropractic Examiners. The legislation imposes a 14-day waiting period after a motor vehicle accident before a chiropractor or their agent can solicit a potential patient, unless a prior professional or family relationship exists. It also explicitly prohibits the solicitation of minors and outlines strict conduct standards for procurers, such as forbidding deceptive claims of affiliation with government agencies or insurance companies. Violations of these regulations subject the chiropractic physician to mandatory refund of payments collected from accident victims, payment of attorney fees for those victims, a $500 fine per violation, and potential private civil liability for pecuniary losses. The bill maintains that standard forms of public advertising, such as radio, television, or direct mail, remain permissible provided they are not misleading or coercive.