As you read the following information, you will become convinced that there is a great need for serious reform of the Arizona Chiropractic Board. The only organization in Arizona working for such reform is ACS. Join now to help support reform. You can find a membership application here. Read what other Arizona chiropractors say about ACS here.

CURRENT AND FORMER BOARD MEMBERS ALLEGEDLY DISPOSED OF PATIENT RECORDS IN OUTSIDE TRASH WITHOUT SHREDDING, INCINERATING OR REDACTING -- ACS POSTS EVIDENCE

ACS has been supplied with redacted medical records that ACS has been told were retrieved in their unredacted form from the outside trash of former Chiropractic Board member Craig Seitz, DC, and current Chiropractic Board members Diane Haydon, DC and Steven Baker, DC. ACS was told that these records were retrieved at the request of a "group of concerned citizens and/or chiropractors" who were concerned about misconduct by the Chiropractic Board, and who wanted to determine if Board members were in compliance with the same laws they were enforcing. These medical records were turned into the Board as 1100 complaints against the three DCs in question. The Board dismissed the complaints since they were filed anonymously, even though the Board routinely processes complaints filed anonymously against other DCs. Many believe this is an obvious double standard. Where else could these records have come from other than the doctors' outside trash? None of the Board members reported a burglary. The scores of patients certainly did not turn in their own records simultaneously to the Board. It is ACS' conclusion that the Board's dismissal of these 1100 complaints was an outrageous cover-up of possible massive wrong-doing. There may be significant public corruption here involving other Board personnel in the cover-up. Various state legal authorities are now investigating. Read the following documents and make your own assessment. Then watch the ACS email newsletter and webpage for breaking news. Here are the documents:

Explanatory and Introductory Letters

Seitz One

Seitz Two

Haydon One

Baker One

Baker Two

Baker Three

NEW TIMES ARTICLE ABOUT FRISBY FAMILY LAWSUIT AGAINST FORMER BOARD CHAIR DR. SEITZ AND COPY OF LAWSUIT

In the early 2000s, when the Board was the most aggressive at disciplining DCs for improper recordkeeping, Board Chairman Dr. Seitz was seeing well-known Pastor Neal Frisby 2-4 times per day for 8 years for a total cost of $800,000. Many doctors have questioned whether Dr. Seitz' notes were adequate for all of these visits in the view of the Board, and if the frequency of visits would have been approved by the Board as medically necessary. A now sealed malpractice lawsuit was filed by the Frisby family and settled by Dr. Seitz. It was apparently never reviewed by the Chiropractic Board, a possible violation of state law. This lawsuit and a cover letter were anonymously sent to ACS and are posted here. Read a summary of the case and access the link to the New Times article here. Decide for yourself if there is a double standard: one for Board members and one for the average AZ chiropractor.

ARIZONA CHIROPRACTIC BOARD MONTHLY MINUTES

The Arizona Chiropractic Board meets at least once per month. Lengthy minutes are generated and are available to the public. It is, however, not easy to get copies of the minutes. The Board does not post them on its website. You must buy the minutes by sending a check by mail or in person. Very few doctors ever do this. ACS believes the Board prefers to work under a cloak of secrecy. ACS, on the other hand, wants all to know exactly how the Board is operating. Therefore, ACS, as of March 1, 2008, will post Board minutes in this space. The list will be as complete as possible, but we can only post what the Board sends to ACS, and we cannot always be sure that the Board sends all minutes of all meetings.

May 8, 2008 Minutes

March 13, 2008 Minutes

February 7, 2008 Minutes

January 23, 2008 Minutes

January 10, 2008 Minutes

December 13, 2007 Minutes

November 15, 2007 Minutes

September 20, 2007 Minutes

July 24, 2007 Minutes

July 12, 2007 Minutes

June 14, 2007 Minutes

May 10, 2007 Minutes

April 19, 2007 Minutes

March 15, 2007 Minutes

February 15, 2007 Minutes

January 11, 2007 Minutes

ACS RESPONDS TO OMBUDSMAN-CITIZEN'S AIDE--FEBRUARY 20, 2008

In July 2006 ACS filed a massive complaint with the Arizona Ombudsman's Office against the Chiropractic Board. On Feb. 8, 2008, the Ombudsman's office issued a report. Four of the six ACS allegations were not investigated. The remaining two were found to be unsustantiated. ACS has issued a statement strongly objecting to this conclusion and report. Read the ACS statement here.

PANDORA'S BOX OPENED IN 1995 WHEN BOARD GIVEN POWER TO ENFORCE RECOGNIZED STANDARDS IN CHIROPRACTIC

Prior to 1995, the law only gave the Chiropractic Board the power to discipline your license if you practiced contrary to recognized standards of ethics in chiropractic. In 1995, the Chiropractic Board and the AAC, lead by Drs. Terry Petersen and Arlan Fuhr, championed the law which now requires DCs to take 12 hours of CE per year. Unknown to almost all at the time except for Dr. Immerman who led the opposition, the law also removed the words "of ethics" thus allowing the Board now to discipline your license if you practice contrary to recognized standards in chiropractic. The Board interprets recognized standards to mean clinical standards and thus examines every clinical aspect of your practice based on this single 1995 change. Read the legislation from 1995 here. ACS tries every year in the Legislature to restore the words "of ethics" but the AAC and the Board join together to block the effort and maintain the Board's broad invasive powers.

In 2008, Senator Carolyn Allen, Chairwoman of the Senate Health Committee, introduced SB 1271 to restore "of ethics" to the law. The AAC, on behalf of its allies on the Board, opposed the bill, arguing the status quo is acceptable. The division in the profession caused the bill to die without a hearing. You can read the bill here.

BOARD CHAIR HAYDON AND VICE-CHAIR BAKER MEMBERS OF AMERICAN COLLEGE OF CHIROPRACTIC CONSULTANTS WHICH ENDORSES MERCY GUIDELINES

Board Chair Haydon and Vice-Chair Baker are members of the American College of Chiropractic Consultants (ACCC), the premier organization which certifies DCs to review claims and perform IMEs for insurance companies. ACCC endorses the Mercy Guidelines. Read the ACCC site on the Internet and learn about the philosophy of 2/3s of the Arizona Board DC members.

ACS POSTS CVs FOR BOARD CHAIR HAYDON AND VICE-CHAIR BAKER PLUS SUPPORTIVE LETTERS FROM DRS. BENNETT AND SEITZ

In the Fall 2007 Chiropractic Board newsletter sent to all Arizona licensed chiropractors, Board Chair Dr. Diane Haydon claimed that she has never earned more than 1% of total income from claims review and IME work for insurance companies. Her CV supplied to the Governor's office in 2003 when she applied for the Board position was provided to ACS under the state Public Records Freedom of Information law. In the CV, Dr. Haydon noted that she had been performing "Chiropractic Consulting, Claims Review and Independent Chiropractic Evaluations" from "1991-Present". The CV may be viewed here along with Dr. Haydon's cover letter to the Governor dated 7/21/07 which details her close ties to the AAC. ACS does not see how the 1% income claim is consistent with the CV report of insurance work from 1991 to at least 2003.

ACS also received Board Vice-Chair Baker's CV from the Governor's office along with supportive letters from former AAC President Wayne Bennett, DC and former Board Chair Craig Seitz, DC. Dr. Bennett strongly encouraged the Governor to appoint Dr. Baker. See the CV here.

PAUL W. PRATT, D.C. v. ARIZONA BOARD OF CHIROPRACTIC EXAMINERS

Dr. Pratt was alleged to have committed violations including "failure to clearly designate himself as a Chiropractic Doctor/Physician, referencing a 'confidential report', possessing skills that other health care practitioners do not possess, and disclosing the names of patients without first having obtained informed consent." The Arizona Chiropractic Board found violations of the Chiropractic Act and imposed discipline consisting of a $250 fine, a cease and desist order for the advertising, two years' probation, and requirements to take the National Board of Chiropractic Examiners Ethics and Boundaries Examination and the Arizona Chiropractic Board's Jurisprudence Examination.

Dr. Pratt is one of the only chiropractors in Arizona ever to stand up and challenge the Board in Superior Court. The Court has now largely ruled in his favor, having thrown out the vast majority of the Board's discipline as arbitrary and excessive. ACS filed an Amicus Curiae (Friend of the Court) brief (read here) to advise the court that ACS agreed the penalty was clearly arbitrary and excessive. The Judge's ruling, and his denial for reconsideration of his ruling, are posted on this webpage.

This is a landmark case for the chiropractic profession in Arizona and confirms what ACS has been saying for the past two years, and what is fully documented on this webpage (see below). The Arizona Chiropractic Board of Examiners, committed an "abuse of discretion" by failing to "articulate its reasons for the much more serious penalty imposed on Dr. Pratt" for the same violation as that committed by other DCs who received much less serious penalty. ACS has constantly argued for years that the Chiropractic Board is "arbitrary and capricious" in its rulings. Now, Judge Michael Miller of Pima County Superior Court has agreed. Both sides have appealed to the Arizona Court of Appeals.

STATEMENT OF INTERNATIONAL CHIROPRACTORS ASSOCIATION (ICA) TO ARIZONA CHIROPRACTIC BOARD JULY 10, 2007 -- full text

ARIZONA CHIROPRACTIC BOARD PROPOSES FINAL NEW RULES WITHOUT OBJECTIONABLE "MEDICAL NECESSITY" LANGUAGE

The Arizona Chiropractic Board on August 10, 2007 published its new proposed rules in the Arizona Revised Register. The proposed rules no longer contain any reference to “medical necessity”, or to undefined “accepted clinical standards of care”. This is a great victory for the chiropractic profession in Arizona, and is the direct result of the many letters and emails sent by you, ACS and the ICA to the Chiropractic Board which expressed serious objections to the first draft of the rules.

You will find the new proposed rules posted here for your review.

0MBUDSMAN'S OFFICE ISSUES

The Arizona Chiropractic Society has filed numerous complaints with the Ombudsman's Office regarding the Arizona State Board of Chiropractic Examiners. To date (04/06/07), ACS is not aware of any action taken by the Ombudsman's Office to address any of ACS' concerns. The following are the key documents:

July, 2006 Arizona Chiropractic Society Complaint Filed with Arizona Ombudsman's Office Against Chiropractic Board

July, 2006 Arizona Chiropractic Society Complaint Filed with Arizona Ombudsman's Office Against Chiropractic Board, Attachments Part One

July, 2006 Arizona Chiropractic Society Complaint Filed with Arizona Ombudsman's Office Against Chiropractic Board, Attachments Part Two

October, 2006 Arizona Chiropractic Society Complaint Filed with Arizona Ombudsman's Office Against Chiropractic Board related to Board's expenditure of $20,000 in public money to defeat HB 2371, the bill to prohibit Board chiropractors from serving as agents or employees (IMEs) of insurance companies. This bill passed, click here for more information.

October, 2006 Arizona Chiropractic Society Complaint Filed WIth Arizona Ombudsman's Office Against Chiropractic Board related to Board's arbitrary dismissal of 1,100 anonymous complaints filed against D.C. members of the Board

ARIZONA CHIROPRACTIC SOCIETY 2006 NEWSLETTERS PERTAINING TO CHIROPRACTIC BOARD

"A day in the life of the Chiropractic Board," Anonymous, June, 2006

"ACS files massive complaint against Chiropractic Board with Arizona Ombudsman's Office," August, 2006

"Chiropractic Board's actions not in keeping with mission statement," August, 2006

"Our anonymous reporter speaks again," August, 2006

"Ombudsman's Office to initiate 'Formal Investigation' of Arizona Chiropractic Board," September, 2006

"Chiropractic Board's disciplinary actions usually result in termination from insurance plans and networks," September, 2006

"A clue into what the Chiropractic Board believes is the standard of care in Arizona," September, 2006

"ACS confirms existence of multiple complaints filed against D.C. members of Chiropractic Board," October, 2006

"Here are some typical complaints filed by an insurance company with the Chiropractic Board," October, 2006

"One set of rules for D.C. members of the Chiropractic Board, another set for the rest of us," November, 2006

"Chiropractic Board announces intent to gain legal authority to dictate standards of practice," November, 2006

“Today was the day the Chiropractic Board finally succumbed to the stress and gave in," December, 2006

ARIZONA CHIROPRACTIC SOCIETY 2007 NEWSLETTERS PERTAINING TO CHIROPRACTIC BOARD

"Arizona Chiropractic Board issues adverse action reports far more than average state," January, 2007

"What does ACS want from the Chiropractic Board?," February, 2007

"Chiropractic Board continues to stonewall 1,100 anonymous complaints against D.C. members," March, 2007

"Chiropractic Board will prosecute you for rendering care that is not 'medically necessary,'" April, 2007

Important Note: ACS continues to report on Board activities in every monthly newsletter. To follow the developments, go the the ACS Monthly Newsletter page on this website.

ARTICLES PERTAINING TO CHIROPRACTIC BOARD

"Arizona bars IMEs from Board" The Chiropractic Journal, March, 2007

"Can Board Members Serve Two Masters?" The Chiropractic Journal, March, 2007

LAWS PERTAINING TO THE CHIROPRACTIC BOARD

2006 Law Prohibiting Board Members from Performing IMEs: After veteran IME doctors were appointed to the Board in 2003 and 2004, the Arizona Chiropractic Society, working with Representative Rick Murphy, passed legislation in 2006 which states: "A board member shall not receive compensation as an agent or employee of or a contractor for an insurance company." Eighty percent of the Board complaints against DCs are filed by insurance companies. ACS is dedicated to ending the domination of the Arizona Chiropractic Board by IME doctors.

2007 Law Allowing Board To Order CE Courses Without Discipline: Professions: This new law, Chapter 65, Senate Engrossed Version, HB 2115, gives the Chiropractic Board the option of ordering chiropractors to take continuing education courses for minor violations of the Chiropractic Act instead of disciplining a professional license. For example, if a doctor has been found in violation of the record keeping rules, the Board under the new law will be able to order course work instead of imposing discipline. This bill was signed by the Governor on April 16, 2007. It becomes law ninety days after the end of the legislative session in May or June of 2007. This bill was a joint effort of ACS and AAC. Both associations and their lobbyists worked very well together to develop the bill and guide it successfully through the legislative process.