During their testimony before the Florida House Sub Committee on Healthcare Regulation the Florida Chiropractic Association displayed either outright ignorance or they intentionally misled the legislators sitting on the committee about the nature of chiropractic education and licensing.
Below you will find a point by point breakdown of the misleading testimony by Kim Driggers JD who is also a Director for the National Board of Chiropractic Examiners (NBCE).
Kim Driggers JD
FCA Attorney & Lobbyist
NBCE Board Member
Testimony
House Healthcare Regulation Subcommittee
March 9, 2023
CLICK HERE for a video of her testimony
RIGGERS STATEMENT:
Thank you Chair Clemons. This has been a rigorous debate already or uh questions. And I appreciate that. My notes are all over uh but I do first want to clarify some of the things that were said um that I found out so uh, Kim Driggers Florida Chiropractic Association. We've been around since 1931, 4400 members in the state of Florida. Um and we do work with the FCS oftentimes, we get along very well. But on this particular one we've agreed to disagree.
RESPONSE:
According to publicly available records the Florida Chiropractic Association (FCA) brought in $860,316.00 in dues. Their top tier membership is $480 a year so that comes out to 1792 members at best.
https://projects.propublica.org/nonprofits/organizations/591152227/20211...
RIGGERS STATEMENT:
So um in in first actually I should also thank Senator Bankston for having an open door policy. We spoke (Driggers is then corrected that the Senate is on the other side and that this is the House and it is Representative Bankston) Oh, I'm sorry. Thank you for correcting me. Sorry about that. Thank you. Um has an open door policy we enjoyed speaking with him today.
Um, one thing I do have to disagree with him that I found out about midnight last night on dentistry. There are other uh MQA professions in the state of Florida that have their own accreditation bodies. So it is not unusual what chiropractic is doing in Florida. Osteopathics (sic) have the American Osteopathic Association, podiatry has their own. Dentistry I have under 466.20667 subchapter 4 Commission on Dental Accreditation of the American Dental Association and veterinarians also have their own. So it is not unusual.
RESPONSE:
Driggers provided FALSE information regarding Dentistry - they allow for agencies recognized by the US Department of Education:
"A graduate of a dental school accredited by the American Dental Association Commission on Dental Accreditation or its successor entity, if any, or any other dental accrediting entity recognized by the United States Department of Education"
The veterinary Board allows for those graduating from a college of veterinary medicine listed in the American Veterinary Medical Association Roster of Veterinary Colleges of the World in addition to the American Veterinary Medical Association Council on Education.
And don't get started on nursing - they have multiple options - so no monopoly there.
Perhaps Osteopaths and podiatrists need to consider whether they want to operate under a monopoly.
The FCA's claim that the CCE monopoly is "not unusual" is FALSE and the argument that because other professions are controlled by a monopoly is the reason chiropractors should be, is a logical fallacy and simply absurd.
RIGGERS STATEMENT:
And I know this term monopoly is often used in Florida and we hate that word. I understand that. But we need to understand that but we need to balance that with the protection of the public.
RESPONSE:
Read her statement carefully. She is asserting that its OK to have a monopoly and restrict freedom in chiropractic education/licensing and restrain trade because they are protecting the public. Keep in mind that this is coming from an attorney.
RIGGERS STATEMENT:
The patients, all those patients in the state of Florida and the type of education that our students are getting. Um, If some of you don't know, there is no public chiropractic college in the country right now. So those graduating with a chiropractic education spend 200 to $250,000 under their education. So having the Gold Standard, which the CCE is, is really important to the profession.
RESPONSE:
Part of the reason why chiropractic education is so expensive is because so many members of the Chiropractic Cartel demand their cut of the student loan debt Driggers is so concerned about. And they get their cut by being named in the statutes, restraining trade and stifling competition in the chiropractic education marketplace.
RIGGERS STATEMENT:
So having the Gold Standard, which the CCE is, is really important to the profession.
The CCE is not the Gold Standard - they are the only "standard" because they enjoy a statutorily mandated monopoly. Further to this - every single chiropractic college in the United States is also accredited by a regional accreditor which all have rigorous standards for accreditation without the inherent bias and pay for play mandated by statute.
The CCE Monopoly increases the costs of chiropractic education and student loan debt of our students
RIGGERS STATEMENT:
Looking at this nationwide um, there are 43 states that incorporate CCE into their statutes so Florida is not alone. It is the majority. Um, 3 states, only 3 only allow the USDE and there are some like Wisconsin and Ohio they have their state boards determine accreditation. Nebraska makes up their own definition of what's accredited. Um, New York, Iowa,, Washington and Puerto Rico. Puerto Rico's accredited by their associations. So, um we are in the norm here.
RESPONSE:
Here are the FACTS despite Riggers testimony: There are 16 states that allow for licensing by graduates from CCE accredited schools OR its successor OR recognition by the Department of Education - so those are not "CCE Only" states despite her claim.
Further - there are 7 states that allow for licensure through any agency recognized by the United States Department of Education and do not mention the CCE.
Driggers claim regarding Puerto Rico is FALSE - PR requires "CCE Only" accreditation.
Once again Driggers is not aware or intentionally deceiving when it comes to this issue and arguing that "we are in the norm here" and asserting that having a monopoly is "normal" is reprehensible.
RIGGERS STATEMENT:
We are thankful that CCE um came into the state 50 some odd years ago because it was at a time that chiropractors had to fight for their name chiropractic physicians, as primary care physicians, as doctors. Um, it led to the United States Supreme Court case um, against the American Medical Association.
RESPONSE:
Driggers reveals her lack of knowledge regarding chiropractic history here since the battle was not about calling chiropractors physicians or practicing primary care - the battle was about antitrust actions by the AMA.
The FCA's level of ignorance on this point is shocking. The Wilk lawsuit was about the very issue before the legislature - antitrust and monopolies. The AMA had a monopoly in healthcare and sought to keep chiropractors out. Here they are invoking Wilk in order to keep monopolies and antitrust in chiropractic itself.
RIGGERS STATEMENT:
It took that long and that much work and time and effort to get to the status they wanted to get to. And so that's why we're not being paid by CCE.
RESPONSE:
We find it interesting that the FCA had to point out that they are not being paid by the CCE to keep the monopoly in place.
RIGGERS STATEMENT:
But as the Gold Standard we feel and the continuing education that we provide, we are here on to fight for the profession and for the students that are graduating.
RESPONSE:
If the FCA really wanted to "fight for the students that are graduating" then they would fiught to end restraint of trade and the monopoly operating as a Cartel in the chiropractic profession. Doing so would reduce student loan debt and lessen the burdens and obstacles in place to get licensed to practiced.
RIGGERS STATEMENT:
Um, OK, alright, thank you, so um, representative Barteman and another mentioned this is a solution um without a problem. There's no problem here. Um, the the letter the discussion on the 2012 letter and all those 40 inaccuracies, and I have a copy of it, was because, it was because the the USDOE just changed their standards. There are 250 standards that the accreditation companies have to meet. So in 2012 when that change was made, yes, there were changes, but it had nothing to do with the phil, phil, philos, philosophy um of um the CCE or what they are taught.
RESPONSE:
The level of ignorance regarding the events that transpired in 2012 between the CCE and the US Department of Education is extremely concerning. The reason the CCE nearly lost its recognition with the USDOE was not because of "new standards". It was because the USDOE had received over 4000 complaints from the profession. Those complaints centered around the CCE not complying with the Code of Federal Regulations – Title 34 – 602.13
34 CFR 602.13 - Acceptance of the agency by others.
The agency must demonstrate that its standards, policies, procedures, and decisions to grant or deny accreditation are widely accepted in the United States by:
(a) Educators and educational institutions; and
(b) Licensing bodies, practitioners, and employers in the professional or vocational fields for which the educational institutions or programs within the agency's jurisdiction prepare their students.
In fact, leaders in chiropractic such as Gerry Clum and the ICA argued that if CCE lost its recognition by the USDOE there would be no other accrediting agency that was recognized and because licensure is statutorily mandated to be from a CCE school graduates would not be able to get licensed.
This is still the case - should CCE ever have an issue again the profession would be in a crisis once again.
RIGGERS STATEMENT:
Um, Representative Tant we have to, I have to do mention that IACE because that's what we're here about. The IACE is not recognized by 16 states. Its recognized by the Illinois Prarie State Chiropractic Association, the New Jersey Garden State Chiropractic Society, the International Federation of Chiropractors and Organizations. So the states don't recognize them and you're exactly right that for those states that allow USDOE they could go to another state.
RESPONSE:
These statements are just obfuscation and red herrings since they have no real argument for keeping CCE Only language they tried to get the legislators attention drawn away from the dangers of the monopoly and the restraint of trade.
RIGGERS STATEMENT:
Bringing in for a landing, let's not have Florida be the guinea pig on reducing our high standards in the state of Florida. Allow our licensees, our new students to practice in the good ways they do. Let them go under the CCE standards which requires them to master 31 competencies before they graduate and for this reason we oppose the Bill. Thank you.
RESPONSE:
This is another red herring and misleading since no one is asking for the CCE to go away or for schools to stop seeking their approval. No one is asking to reduce any standards and remember that all the chiropractic schools are also regionally accredited. In addition Florida would not be a "guinea pig" since so many other states already allow for recognition by the USDOE or other agencies other than the CCE.
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