Section 17-81-107 - Use of a procurer - Definitions(a) As used in this section:(1)(A) "Procurer" means a person or entity who for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a chiropractic physician.(B) "Procurer" does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law; and(2) "Public media" means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with specific prospective clients, patients, or customers.(b)(1) A chiropractic physician who uses a procurer is required to: (A) Have a written contract with the procurer or procurement company with whom the chiropractic physician engages; and(B) Register the name of any procurer with whom the chiropractic physician contracts with the Arkansas State Board of Chiropractic Examiners.(2) A chiropractic physician shall register a procurer with the board by filing the following information with the board on a form approved by the board:(A) The full legal name of the procurer with whom the chiropractic physician has a current contract and engages;(B) A valid state-issued photo identification or driver's license, or both;(C) The procurer's permanent home address;(D) The procurer's business telephone number solely used for client communication purposes; and(E) The name, telephone number, and address of the chiropractic physician engaging the procurer.(3) The chiropractic physician shall provide the board with updated procurer registration information, should any of the information required under subdivision (b)(2) of this section change during the year.(4)(A) The procurer registration expires on December 31 of each year.(B) If a chiropractic physician engages a procurer, the chiropractic physician shall register the procurer annually.(c) A violation of this section shall result in the following:(1) Any payments paid by, or on behalf of, an individual named in a motor vehicle accident report for medical services provided by the chiropractic physician to the individual named in a motor vehicle accident report shall be returned to the individual, insurance company, or other payor; and(2) The prohibition of a chiropractic physician from attempting to collect fees for medical services from an individual named in a motor vehicle accident report.(d) A procurer operating in this state shall: (1) Develop a telephone solicitation training program for all employees or authorized representatives of the procurer;(2) Develop and maintain a solicitation script for use by all employees and authorized representatives of the procurer;(3)(A) Make and keep accounts, correspondence, memoranda, papers, books, and other records for a period of at least five (5) years.(B) The records described in subdivision (d)(3)(A) of this section shall include: (i) The names and telephone numbers of individuals solicited;(ii) The name of the chiropractic physician with whom the procurer has contracted as required under subsection (b) of this section;(iii) If solicitation with an individual is initiated due to a motor vehicle accident, then the date and time of the motor vehicle accident;(iv) The amount of compensation paid to a procurer for the solicitation of each actual or potential patient, customer, or client; and(v) Any moneys shared by the procurer with other persons for conducting work as a procurer;(4) Maintain a log of all training programs required under subdivision (d)(1) of this section that are provided to a procurer and the employees or authorized representatives of the procurer that includes:(A) The curriculum of any training program;(B) The dates upon which any training program is provided; and(C) The signature of each individual participating in the training program and acknowledgment that he or she has completed the training program and agrees to perform the work of solicitation according to the training program; and(5) Maintain all solicitations, advertisements, and advertising materials used by the procurer in soliciting clients for the services of a chiropractic physician.(e) It is unlawful for a procurer to transact business in this state if the procurer has not met the contract and registration requirements under subsection (b) of this section.(f) The board may adopt rules to implement this section.(g)(1) A chiropractic physician convicted of a Class D felony under § 5-37-505 or § 5-37-506 is subject to mandatory license revocation.(2) A procurer convicted of a Class D felony under § 5-37-505 or § 5-37-506 is disqualified from transacting business in this state as a procurer under this subchapter.(h) A violation of this section is a deceptive and unconscionable trade practice under § 4-88-107 and is subject to the penalties, remedies, and enforcement provisions under the Deceptive Trade Practices Act, § 4-88-101 et seq.Amended by Act 2021, No. 589,§ 4, eff. 7/28/2021.Amended by Act 2021, No. 589,§ 3, eff. 7/28/2021.Added by Act 2013, No. 513,§ 3, eff. 8/16/2013.