NW Valley Times

State Sen. Janae Shamp (R-Surprise) is locked in a battle with a recalcitrant Board of Chiropractic Examiners over reform legislation that in part calls for a code of ethics statute consistent with that of all other health care oversight boards, which Shamp said is especially acute in an era of increasing reports of sexual misconduct in the profession.  

Shamp said that a rare, brief alignment of political forces in the House—progressives and members of the Freedom Caucus—thwarted her efforts. 

“There was a procedural move by my ‘fans in the Freedom Caucus,’ namely [Reps.] Barbara and Jackie Parker, to not allow it to go on the board for a vote,” the conservative Shamp told the NW Valley Times in an email. “Absolutely disgusting that they and the progressives worked together to ensure that my reform didn't move for a vote. Personal feelings over policy seemed to be rampant at the end in the House.”

In a response to request for comment on Shamp's claim, Rep. Barbara Parker (R-Mesa) said in an email to NW Valley Times that her "statement is patently false. The Arizona Freedom Caucus votes on legislation based on its merits and nothing else."

"This bill, SB 1405, was a poorly thought out lobbyist bill," she added. "If Shamp wants her bills to be supported she should spend less time being a lobbyist mule and more time crafting sound, common sense conservative legislation."

A vote to place 1405 on the active calendar failed on June 15, the same day the Arizona Legislature adjourned Sine Die.  

The needed changes at the Board, Shamp said, have been a long time coming: It’s the only health care oversight board in the state with no code of ethics inserted in statute, and its absence is especially problematic in an era of increasing reports of sexual misconduct in the profession. The Board is also misinterpreting the law regarding fee splitting, which in broad terms is the paying of fees for business referrals, according to Shamp.

Shamp places much of the blame on Wayne Bennett, Chairman of the Board.

“It took multiple tries to get him to respond about allegations of sexual misconduct [in the profession] and when he did he essentially said the board can do whatever it wants to do,” Shamp told the Times.

Shamp said that Bennett has also embarked on a campaign to end fee splitting, which he said in a May 1 memo to the chiropractic community is illegal in all 50 states. Shamp countered that regulations regarding fee splitting vary from state to state, and that Arizona law does permit it.

“It’s perfectly legal under state law for chiropractors to contract out with other contractors and split the fee,” she said.

The Board did not respond to multiple requests for comment from NW Valley Times.

Shamp has the broad support of the industry on her side.

Chirofit, a large practice with multiple locations in Arizona, reacted to Bennett's May 1 memo in a May 17 letter to Gov. Katie Hobbs:

Contrary to Board rules, regulations, and guidance from their Assistant Attorney General, we believe Dr. Bennett’s email provided legal advice to licensees effectively accusing physicians in our industry of generic wrongdoing, unethical behavior, and threatening revocation of our licenses. More importantly, Dr. Bennett's email has already had detrimental effects on our businesses, leading to the termination of contracts with our member physicians and tarnishing our reputations. We hold the Board, particularly Dr. Bennett, accountable for these damages.

In February, Board leadership failed to appear at a hearing before the Joint Legislative Audit Committee (JLAC), according to a report in the Chronicle of Chiropractic.

“The hearing, intended to address the Board’s financial discrepancies and overall conduct, was notably ignored by the Board,” the report said, “prompting shock and dismay among legislators, including Senator Janae Shamp, Rep. Matt Gress, and Sen. Sonny Borrelli. Gress, recognized for his fiscal expertise and a former member of the Ducey Administration, expressed his disbelief at the Board's unprecedented decision to skip the JLAC hearing.”

The no-show prompted the JLAC to endorse a special investigation by the Auditor General into the Board’s practices.

The findings of the investigation are due this fall, Shamp said.