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California Needs the Chiropractor Consumer Protection Act--Now More Than Ever

Deborah-Snow.jpg

By Deborah Snow

On October 11, 2007 Governor Arnold Schwarzenegger vetoed Senate Bill SB 801, the Chiropractor Consumer Protection act. His signature would not have made this bill California law but would have merely placed its provisions on the June 2008 ballot to give the people of California the chance to decide if this reform of the Chiropractic Board meets their approval. The need for Board reform is more than obvious.

The California Board of Chiropractic Examiners has been the subject of media and legislative scrutiny since a board meeting on March 1, 2007 disintegrated to the point that law enforcement had to be called to try to restore order. During this meeting Richard Tyler D. C., the board’s chairman and close friend of the Governor, illegally fired the executive director, put himself in charge in a dual role as chairman and director, then evicted the state appointed deputy attorney and attempted to put a pro chiropractic attorney in her place.

Shortly after these events were made public Senator Ridley-Thomas, chief of the committee regulating business and professions, conducted legislative hearings to investigate the reported misconduct by the Board members. As stated on the Senator’s website “Under Mr. Tyler’s leadership, the Board violated open meeting laws, approved a highly questionable chiropractic method, known as manipulation under anesthesia and interfered in ongoing criminal proceedings regarding this matter. The Board had also inappropriately tried to fire staff and eject legal counsel from the Attorney General’s office when their unlawful procedures were questioned.”

At the legislative hearing on March 28, 2007 Richard Tyler made an attempt at contrition acknowledging “critical mistakes and errors of judgment were made during the March 1st 2007 meeting, and I take responsibility for those failings.” This demeanor was not at all in effect, however, when I attended the latest Chiropractic Board meeting on October 25, 2007 (the first meeting since the Governor’s veto of SB801) and he started the meeting with the statement “We’ve broken no laws, we’ve made needed staff changes, and I’m very proud of what we’ve done.”

His true attitude was no surprise after reading the article he wrote for The Chiropractic Journal published on their website in July 2007, entitled The California Horror Story. Dr. Tyler characterized the Board’s actions as necessary to “remove blatant medically programmed harassment.” His article describes the chiropractic consultant as “an all power czar”, and his plot of chiropractors experiencing “almost ritualistic sadism” from the chiropractic staff rivaled any conspiracy tale that Oliver Stone could conjure. Tyler himself reminded me of Robert Louis Stevenson’s, Dr. Jekyll (D.C.) compared to his previous humble apology to legislators. The article details the “treasonous” behavior by the Chiropractic Association for their (albeit limited) willingness to make any compromises with Senator Ridley-Thomas and describes bill SB 801 itself as “heinous anti-chiropractic legislation which will either die in committee or on the Governor’s desk.” Notably lacking in his florid tale of woe and betrayal is any mention of consumer protection or accountability to the public.

An important point to note is that even if this reform was not fueled by Dr. Tyler and the board members behavior, this legislation has been desperately needed for years regardless of who the Chiropractic board members are or who they are friends with. Because of the language of the 1922 initiative act creating the Chiropractic Board, this board has no independent oversight and is not under the Board of Consumer Affairs, unlike all other boards of health care professionals, including alternative medicine such as acupuncture. Chiropractic patients have no one to turn to if there is any conflict with the board staff or a board decision. The Chiropractic Association and the Board itself act like it would be a fate worse than death to go under the Department of Consumer Affairs who they see as holding potential bias against Chiropractic medicine. However chiropractic medicine is now an accepted alternative health care option and an ethical chiropractor has nothing to fear from fair oversight.

When SB 801 passed all of the necessary committees and both legislative houses and was sent to the Governor’s desk I truly dared to hope that the Governor would honor his pledge to the people of California to put them in charge of their own government. His signature on SB801 would have only given us the choice to vote on the reform ourselves. In Arnold Schwarzenegger’s inauguration speech on Nov. 17, 2003 he made this vow “I will not rest until the people of California come to see their government as a partner in their lives…..” The Governor also promised “I pledge my governorship to your interests, not to special interests.” How sad that he does not seek to fulfill these promises but chooses instead to cater to the special interests of his friends on the Chiropractic Board and to maintain their unique status to take the laws into their own hands.

For other articles on the California Chiropractic Board, check out these articles: California Chiropratic Board Needs A Major Adjustment , Schwarzenegger and the Chiropractic Board, and What is the Real Problem at the California Board of Chiropractic?

Deborah Snow was born and raised in California. Deborah received her BA degree from California Baptist University in Riverside, CA. majoring in both English and Behavioral Science. She is currently employed at University of California, Riverside as a Library Assistant. Deborah is married and has one daughter. She also volunteers in her spare time at Riverside City and County Animal Shelter.

Posted on November 29, 2007

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