Response to a Particularly Disappointing Board Statement.

Please take the time to carefully read and evaluate the following details with keen discernment. We encourage you to explore the Arizona Administrative Code and the Arizona Revised Statutes thoroughly and draw your own conclusions.

On May 1, 2024, Dr. Wayne Bennett, the Chairman of the Arizona Board of Chiropractic Examiners, issued an email to the public and licensed chiropractors in Arizona addressing the issue of fee splitting (email provided below).

The email emphasized that fee splitting among healthcare providers, including chiropractors, is deemed illegal nationwide and is also a violation of federal law. Stating further that, in Arizona, engaging in improper fee splitting can result in serious consequences, potentially amounting to a felony offense.

However, as outlined in the Arizona Administrative Code, Title 4, Chapter 7, Article 9, Section 902 (34) [R4-7-902 (34)], it is explicitly stated that:

“Unprofessional or dishonorable conduct, as used in A.R.S. § 32-924(A)(5), means: Directly or indirectly dividing a professional fee for patient referrals among health care providers or health care institutions or between providers and institutions or entering into a contractual arrangement to that effect. This subsection does not prohibit the members of any regularly and properly organized business entity recognized by law from dividing fees received for professional services among themselves as they determine necessary.” (emphasis added)

In other words, fee splitting in Arizona is perfectly permissible under Arizona Revised Statutes and the Arizona Administrative Code when regulating the practice of chiropractic.

For example, an independent contracting physician who is a "member" operating under the umbrella of a regularly and properly organized business entity that provide services to a patient within that regularly and properly organized business entity, is perfectly legal.

It continues to be disappointing and discouraging when receiving the issued statements from the Chairman on the Board’s behalf with misguided advice on the issue of fee splitting, especially when it is evident within the Board's own rules.

This situation underscores the importance of ensuring that all licensees are well-informed and aligned on such critical matters to uphold the integrity and credibility of the practice of chiropractic.

****For more information on Fee Splitting, please follow this link***