By the Division of Professional Licensure

Date Issued: November 4, 2010

The Massachusetts Board of Registration of Chiropractors (Board) is charged with regulating the practice of chiropractic, including marketing practices by chiropractors, to protect the public from improper solicitations, inducements or referrals. The Board issues this practice advisory to caution licensed chiropractors to ensure that their marketing practices comply with Board regulations.

The Board received a flier from a marketing company that advertised an arrangement where a participating chiropractor would be required to remunerate the marketing company for each patient who is referred, and then presents, to the chiropractor's office. From the flier, it appeared that a participating chiropractor would pay the marketing company only for patients who actually came into the office and opted to receive chiropractic treatment. The flier suggests that the participating chiropractor would not pay the marketing company for prospective patients who opted not to receive chiropractic treatment. The Board is concerned that such a marketing strategy requires a participating chiropractor to pay remuneration for the purpose of inducing a person to purchase or arrange for a service related directly to chiropractic care or services in violation of 233 CMR 4.12(3).

The Board recommends that all Massachusetts chiropractors be knowledgeable of Board regulation 233 CMR 4.12 Improper Solicitations, Inducements or Referrals. Failure to comply with Board regulations may subject the licensed chiropractor to disciplinary action.

This posting serves as a practice advisory only. It does not represent an administrative disciplinary finding by this Board.