Chiropractic Regulatory Boards May be Restraining Trade During COVID-19 Crisis

ChiroFutures Malpractice Insurance Program is aware that several chiropractic regulatory boards in the United States have endorsed and/or adopted a policy statement published by the World Federation of Chiropractic (WFC) on the role that chiropractic clinical management has on immune function.

The WFC claims that, based upon their "review", chiropractors may not communicate claims of effectiveness for conferring or enhancing immunity. Some of these boards, and at least one chiropractic college President, have used this policy to directly threaten licensed chiropractors.

Every regulatory board in the United States is made up of active market players - meaning those chiropractors who serve on the board are in competition with all other chiropractors in the state. These active market players, who have the authority to discipline and sanction their competitors, endorsed and/or adopted this flawed policy that appears to restrain the trade of their competitors. To our knowledge they also did this without any formal process, hearing or input from their competition in the marketplace or from the public. To our knowledge they also did this without active oversight of the state.

ChiroFutures has reviewed the document these Boards relied upon and endorsed to potentially restrain the trade of their competitors and have determined that it is methodologically flawed and scientifically invalid.

Anyone receiving communication from a chiropractic regulatory board regarding this issue is urged to preserve that communication along with all other communications, emails, letters, website posts and any other material related to this issue from the regulatory board. Victims of any regulatory boards' attempt to restrain chiropractic trade related to these issues are urged to consult with legal counsel to explore the various remedies available to them.

The United States Supreme Court has held that active market players involved in anti-competitive and unfair methods of competition may be found liable for unreasonably restraining trade in violation of antitrust law.