Serving Chiropractors and Their Patients


Chiropractic Law’s blog (or “CL Blog”) is this website’s location to find informative and insightful entries posted by attorneys and other contributors. To learn more about those attorneys and contributors, please visit our contributors pages where you can also obtain contact information. Blog entries will be posted periodically on a wide range of issues of relevance to the chiropractic profession. The identity of the attorney or contributor posting on the blog is referenced with each entry.  Your feedback on all blogs is always appreciated.

Important Notice: Please read the disclaimer when using this website. All material presented on this website is intended for general informational purposes since the services of a competent professional, should be sought for any specific legal needs. Use of this website and transmission of resources and other information does not create or constitute an attorney-client relationship with any attorney contributing to this website.

Over-the-Counter Medication Debate Needs Accuracy and Transparency

The Wisconsin Chiropractic Association’s (“WCA”) most recent legislative initiative has once again caused division within the profession and was initiated without accurate and open discussion of the issue.  This time, the WCA sought to use the budget reconciliation process as a means of surreptitiously obtaining an amendment that would allow Wisconsin chiropractors to advise and counsel patients on the use of over the counter medication.  (“OTC”) Although the initiative appears to be “dead” for now, this manner and method of introducing dramatic changes in the scope of chiropractic has to be done accurately and openly in the future in order to unite, rather than further divide, doctors within the state. First, the profession requires accuracy with important changes of this nature. In advancing the proposal, the WCA disseminated information that doctors cannot “advise and counsel” on OTC within this state’s current scope of practice.  Depending upon the definition of these terms, this position can be disputed for several reasons, including: The statute broadly relied upon by the WCA for prohibiting treatment by drugs, more specifically references  the definition for that word to only include those “drugs” listed in s. 450.01(10) of the statutes.  Those “drugs” listed do not include many

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WCA’s 2017 Legislative Initiative Into Accupuncture

In April, 2017, the Wisconsin Chiropractic Association (“WCA”) submitted proposed legislation which primarily addresses four matters. Before addressing an aspect of the Bill which is controversial, it should be noted that three of the matters are not widely disputed within the profession and; in fact, seek to legislatively confirm activities which are already practiced by state chiropractors. Those legislative matters involve: (1) the ability to perform physical examinations for athletes participating in school athletics, (2) ability to delegate patient services to other licensed health care providers and, (3) administrative code changes confirming the ability to perform DOT examinations and “invasive laser applications”.

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5 Major Legal Factors to Consider With Worker’s Compensation

There have been recent changes in Wisconsin’s workers compensation law which may impact a patient with this type of claim. The chiropractor treating these types of patients should be aware of various legal implications of the law, including these five major factors:

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How to Reactivate Prior Patients

An important tip for any new year involves methods to activate prior patients into new patients. Some methods are provided in this blog.

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Gift Giving to Patients

Particularly at this time of year, many doctors consider providing a gift or other form of renumeration to a patient. Over the years, we have seen that the contemplated gift can come in a variety of forms and amounts. Although the motivation for a gift if well founded, doctors must be careful in their gift giving. There are both state and federal limitation on the nature of gift giving by a physician. In a recent directive, the OIG clarified what gifts will be regarded as acceptable and which should be avoided.

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How to Handle Electronic Requests for Patient Records

Chiropractors are increasingly receiving requests that patients’ protected health information (“PHI”) be transferred electronically, rather than in paper format. Here are some insights on how to address these types of electronic requests for records under “HITECH” and a review of various legal aspects of this type of request.

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Board Meeting Takes on Issue of Delegation

A major item for discussion at the Examining Board’s next meeting relates to the issue of delegation.  Since the creation of the role of  the “CT” and “CRT”, there has been some confusion as to the extent of matters which can be delegated and the roles of both staff and the doctor in providing adjunctive services to the patient.

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Just days before the close of the legislative session, the State Senate’s Committee on Health and Human Services granted a public hearing on the controversial legislation introduced by the Wisconsin Chiropractic Association (“WCA”) to allow chiropractors to become “Primary Spine Care Physicians” (PSCP”). By the time their testimony was completed, it became readily apparent that each of these WCA presenters actually began to expose the fundamental problems or “challenges” which chiropractors face that have nothing to do with dramatically altering the scope of practice by creating the PSCP.

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Class Action Decision from Larson Affects Co-Pays

Chiropractic treatment is a common healthcare service that years ago was not routinely covered in health-insurance policies. For more than 27 years, however, Wisconsin has required health insurers operating within the state to cover chiropractic care on an equal basis as other forms of medical care for the same condition.

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Chiropractors Inform Board of Desired Changes

Chiropractors have voiced their concerns for changes

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