Effective May 20, 2009, the LA Board of Chiropractic Examiners published rules in the “Louisiana Register” as required by law relative to patient solicitation. Particular attention should be paid to the following:
§310. Accident and Disaster Solicitation
A. On the outside of each solicitation letter in 10-point bold type at the bottom left hand corner of the envelope, there will be printed in red, capital letters, “THIS IS AN ADVERTISEMENT”.
B. On the body of each solicitation letter, in the same type size as the letter, shall be contained the following paragraph in red lettering:
NOTICE: THIS IS AN ADVERTISEMENT. Your name and address and information relative to the accident in which you were involved were acquired from police documents. You are under no obligation to respond to this letter. Recipients of this advertisement should understand the importance of employing a health care provider and inquiry into the doctor’s qualifications and experience is recommended.
C. No solicitation letters shall be sent to minors.
D. All solicitation letters shall be submitted to the board before publication to assure compliance with this rule and all other applicable board regulations. The board has six weeks to respond to this request.
E. A sample copy of each different solicitation letter shall be retained by the sender for a period of one year.
F. No solicitation letter to an accident victim should be sent before at least seven days have elapsed since the date of the accident.
G. Telemarketing, telephonic solicitation, digital communication by phone or communication by licensees and/or chiropractic facilities and their employees, or agents, by contract or otherwise, to victims of accidents or disaster shall be considered unethical if carried out within 30 days of the accident or disaster, and subject the licensee and/or chiropractic facility to action pursuant to R.S. 37:2804.
H. Telemarketing, telephonic solicitation, digital communication by phone or communication transcripts shall be regulated by the board and such transcripts shall be submitted to the board 60 days prior to use. The board shall reject or accept the transcript within 60 days of receipt by the board office. If the transcript is rejected, the board shall give the reasons for its rejection. No solicitation under this section may be used until approved by the board.
I. The telemarketing, telephonic solicitation, digital communication by phone or communication transcripts, taped and/or digital recording of the solicitation shall be maintained for a period of three years following their utilization. A log of the contact information and date of contact must be maintained for a period of three years, following the telemarketing encounter. Transcripts and logs shall be made available to the board upon request within 10 business days.