Federation of Chiropractic Licensing Boards Takes Stance against Use of Term "Orthopractic"

The board of directors of the Federation of Chiropractic Licensing Boards (FCLB) met via telephone conference call on Monday June 20, to discuss implications to licensing boards of "orthopractors" and the Orthopractic Manipulation Society. After careful consideration, the FCLB determined that the "use of the terminology 'orthopractor' or 'orthopractic' may be misleading and/or deceptive to the patient public."

On another front, the American Chiropractic Association's House of Delegates met in Nashville, Tennessee, July 15, 1994. The ACA Delegates passed a resolution strongly denouncing the orthopractic movement to be "another attempt to limit or reduce the legitimate scope of chiropractic practice."

The following is the FCLB board's formal position statement on orthopractic.

FCLB Position

It is the opinion of the Federation of Chiropractic Licensing Boards that use of the terminology "orthopractor" or "orthopractic" may be misleading and/or deceptive to the patient public. Orthopractic is not a licensed or regulated profession. The people advocating this practice are apparently licensed chiropractors.

The FCLB urges each chiropractic regulatory board to enforce existing statutes or regulations which define the terminology acceptable in advertising. These laws are written to protect the public interest by defining the type of care that a patient may reasonably expect to receive, and the credentials of the doctor who will provide that care.

Further, we believe that the following statements by the Orthopractic Society raise serious concerns for licensing boards:

1. All insurance company payments should be to orthopractic only.

    

2. No new licenses to practice chiropractic in the state should be granted unless the chiropractor is orthopractic.

    

3. All public funds should be for orthopractors only.

-- excerpted from 4/27/94 letter to orthopractic members from the Orthopractic Manipulation Society

Comments

This Society represents a very small group of individual chiropractors. They have clearly stated their intention to sever ties with the chiropractic profession. This may or may not happen. However, at this time these doctors are licensed by chiropractic licensing boards. It is each board's responsibility to enforce the statutes, rules, regulations, and policies which have been adopted to protect the public interest.

Orthopractic: ACA's Official Report to the ACA House of Delegates

RESOLVED, that the ACA view the "Orthopractic Movement" to be another attempt to limit or reduce the legitimate scope of chiropractic practice. Be it further,

RESOLVED, that the ACA House of Delegates direct the Board of Governors to take all appropriate legal, legislative and public educational efforts to preserve the integrity of the practice of chiropractic as embodied in the ACA Master Plan. Be it further,

RESOLVED, that the [following] Notice to ACA Members concerning the use of the term "Orthopractor" or "Orthopractic" prepared by the ACA Legal Department be prominently displayed in all ACA publications.

Use of the Term "Orthopractor" or "Orthopractic" by Chiropractors

Recently, a Canadian organization has forwarded materials to various chiropractors around the country suggesting that chiropractors limit their practice of chiropractic. The materials outline specific limitations that a chiropractor should follow in order to be "designated" as an "orthopractor" and practice "orthopractic."

Please be advised that no state law recognizes or permits the practice of orthopractic. In addition, no state law recognizes or permits the use of the term orthopractor by a chiropractor. Such use may be construed by a state licensing board as a false, misleading and deceptive advertising claim and, in a worse case situation, the unauthorized practice of medicine or chiropractic without a license. Care should be taken by all ACA members to assure that they properly identify their position as a chiropractor, doctor of chiropractic or, in those states that permit such a designation, a chiropractic physician.

In addition, while a chiropractor may be free to limit the range of treatment modalities utilized in patient care, he or she may nevertheless not limit his or her responsibility to properly diagnose and, if appropriate, refer a patient for specialized care. Any suggestion by the so-called orthopractic organization or any other group to the effect that a chiropractor may limit his or her diagnostic responsibility is fraught with potential problems to the chiropractor.

Finally, the orthopractic materials recommend in the "eleven step approach" that practitioners "encourage all physicians to work only with orthopractic and not chiropractic." Members should be aware that this type of concerted refusal to deal can constitute a group boycott in violation of federal and state antitrust laws.

ACA members should consult with their state licensing board, malpractice insurer and private legal representative before attempting to practice as anything other than a chiropractor, under the duly constituted statute in the state in which he or she practices. Members should also consult with their private legal representative before engaging in concerted activity with any group that would limit the range of referrals.

The use of the terms "orthopractor" and "orthopractic" by licensed chiropractors is a recent event. State licensing boards are just beginning to take action. Be watching next issue for a report of those state licensing boards who are taking positions on this issue.

While the FCLB and the ACA have become the first organizations to take a stand against this movement, reaction from other chiropractic organizations, including chiropractic malpractice insurance companies, is forthcoming. The orthopractic movement, inadvertently, could be responsible for uniting the chiropractic profession against a cause (orthopractic) in a manner not seen since the Wilk et al. vs. AMA et al. suit.