The board's action was based on comments from member doctors received in the CCA office as well as the opinions and comments of legislators and insurance carriers. A recent general business survey by the CCA revealed that 86 percent of those responding disapproved of the practice of telemarketing.
In the spring of 1989, Colorado's Board of Examiners (CBE) began to apply the anti-solicitation language in the chiropractic statute to the practice of telemarketing. The controversial portion of the statute provides that a DC is subject to suspension or revocation of his license for: "Either directly or indirectly paying or compensating or agreeing to pay or compensate any person, firm, association or corporation for sending or bringing any patient or any person to such licentiate for examination or treatment, for recommending such licentiate to any person ..."
In August of 1989, a Denver district court judge denied a DC's request for an injunction prohibiting the CBE from enforcing the solicitation statute with regard to telemarketing. The court ruled that the solicitation section of the statute did indeed apply to telemarketing and that it was constitutional "on its face."
In the fall of 1990, Dr. Karl Plott of Colorado Springs won an injunction in federal court, requiring the board to cease its enforcement of the statute in telemarketing cases. The CBE appealed the decision, requesting that the case be referred to a state court since it involves a state law. The CBE has since ceased to investigate telemarketing complaints pending the outcome of the appeal.
CCA's Statement on Telemarketing
The practice by some members of this profession of using telephone solicitations and, most specifically, solicitations following auto accidents, is resulting in a negative image for the profession of chiropractic in Colorado.
Complaints have been heard from patients, non-patients, members of the profession, attorneys, managers of insurance companies, members of the legislature, and members of other professional associations. Although the association is not structured to take direct action on complaints of this nature, except to make its membership aware of them, it does cooperate with the Department of Regulatory Agencies by referring complaints on to the Board of Chiropractic Examiners.
It is the consensus of the association's board of directors, that this type of solicitation is detrimental to the image of chiropractic, and may well be deemed unprofessional as well as unethical. The association therefore strongly supports the position of the Colorado Board of Chiropractic Examiners in its attempt to prohibit by existing rules, the use or practice of telephone solicitations.
Approved and adopted by the CCA board of directors, 11/29/90.
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