New Mexico Chiropractic Association

TO: State Chiropractic Associations

Late in the afternoon on Tuesday, June 27, Rep. John Sullivan (R-OK) introduced HR 5688, the Healthcare Truth and Transparency Act (see attached bill and press release). The bill has been referred to the House Energy and Commerce Committee.

Rep. Gene Green (D-TX) and several others, including Reps. Charles Bass (R-NH), Joe Schwarz (R-MI, and also an MD), Mike Burgess (R-TX), Pete Sessions (R-TX), and Mike Bilirakis (R-FL, more on him below) were listed as cosponsors. All are Energy and Commerce members.

The bill basically contains a set of misleading findings that are non-binding but insulting nonetheless and directs the Federal Trade Commission (FTC) to bring charges against individuals who falsely claim to be medical doctors. The bill also directs the FTC to conduct an investigation into such practices. Upon initial review, it has been determined that the FTC already has the jurisdictional powers to prosecute those who falsely claim to be medical doctors, or any other type of doctor for that matter. Tom Daly is conducting a thorough legal analysis and we will pass that along as soon as it is complete.

It is very apparent that this bill is the work of the AMA and its scope of practice partners. Of greatest concern to us is the provision that calls on the FTC to "identify instances where any State public policy has permitted such acts and practices" ("misrepresenting" oneself as a doctor). This could be a direct attack on states recognizing DCs as chiropractic physicians.

We met with Rep. Green minutes after the bill was introduced on Tuesday and expressed our concerns and our disappointment with his co-sponsorship, especially given the fact that Rep. Green’s chief of staff told our people at Texas Chiropractic College earlier in the morning that Rep. Green was not supporting the bill. Rep. Green indicated he will consider our concerns and be open to taking his name off the bill. This morning, we received confirmation from Rep. Green’s office that he has withdrawn his support for the bill.

Regarding Rep. Bilirakis, John Falardeau spoke to his chief of staff late yesterday and asked why Bilirakis was supporting the bill. She told him she believes Bilirakis was approached on the floor and asked to go on the bill before he knew its consequences. John requested a meeting with Rep. Bilirakis as soon as possible, not only to explain the pitfalls of the bill, but to explain the political ramifications in his son’s congressional race.

Since Tuesday, ACA Government Relations has also done the following:

Sent a letter yesterday to all House Energy and Commerce Committee members, asking that they withhold support for the bill until we meet with them. We are currently scheduling meetings with members and staff to discuss the nature and damaging provisions of the bill.

Met yesterday with senior staff in the office of Rep. Charles Norwood (R-GA) a strong chiropractic ally, and an Energy and Commerce member. Norwood’s office indicated that they are receptive to us and would be willing to offer amendments to the bill should it reach a committee mark-up.

Met with representatives of the American Nurses Association, the American Association of Nurse Anesthetists, the Academy of Nurse Midwives, the American Optometric Association, the American Physical Therapy Association, and the American Podiatric Medical Association, who also have significant concerns regarding the content of this legislation. A joint letter and lobbying efforts against HR 5688 is being planned.

Started to develop a web page on the ACA site to serve as a resource for Doctors of Chiropractic and state associations on this legislation.

Outlook: We have been told that the possibilities of this legislation moving are remote, especially given the short calendar Congress has to work with between now and the election. However, given that Texan Joe Barton is chair of Energy and Commerce, and given the fact that it is the Texas AMA chapter that is pushing this effort, we must remain ready that this bill may move, if just on the committee level. As stated earlier, we will visit every E&C Committee member’s office and together with our allies leave no stone unturned in making a vote for this legislation a very difficult decision.

Activity: There are 75 members on the Energy and Commerce Committee (see attached list), so it is very likely that one or more is located in your state. Please take a moment to contact him/her and share your concerns about this bill. As noted above, Tom Daly is conducting a more extensive legal analysis, but this is a short bill and self-explanatory. Congress will recess for week-long Independence Day break, so they will be in district and accessible to their constituents.

ACA wants to work closely with state chiropractic associations to combat this attack on the profession. We will share Tom's analysis with you, as well as other resources we develop for this fight. When Congress returns from its break, we may schedule a teleconference to discuss this matter in more detail - by that time, both ACA and state associations will have had time to collect information from Energy and Commerce Committee members. In the meantime, please do not hesitate to contact ACA's Government Relations staff if you have any questions (FYI, Like Congress, I will be on vacation during the week of July 3).

Thank you all for your continued efforts on behalf of the profession - the hits keep on coming, but we're battle hardened and ready for a fight!

Kevin

Kevin P. Corcoran CAE
Executive Vice President
American Chiropractic Association
1701 Clarendon Blvd; Arlington VA 22209
P) 703-812-0206 ~ F) 703-243-2593
E) KCorcoran@ACAToday.org
W) www.ACAToday.org