Judge refuses to block Ohio law regulating when chiropractors can reach out to people in car crashes

CLEVELAND, Ohio — A federal magistrate judge said Wednesday that he would not block a provision in Ohio’s budget that places restrictions on chiropractors’ ability to solicit clients in the immediate aftermath of a car crash or crime.

U.S. Magistrate Judge William Baughman wrote in an order that regulations Ohio lawmakers passed were not contrary to case law.

The budget state lawmakers passed in July included a provision that affects health care practitioners and referral companies that send solicitations to people involved in car crashes, or who are a victim or witness to a crime. It bars them from directly reaching out to those people in person, by phone or electronically until 30 days after the incident.

The provision, which goes into effect on Thursday, says any communication must be sent through the U.S. mail. Violation of this provision could lead to fines and license suspensions.

Chiropractic firms in Cleveland, Columbus and Miamisburg, as well as a referral company in Navarre, sued the state to prevent it from enforcing the provision, asking the judge to block the provision while the case is litigated.

Baughman, in denying the request, said a similar law Kentucky passed was upheld by the courts. He also wrote that the restriction is not based on content.

Medical professionals and referral companies typically reach out to clients based on the contact information on car crash and police reports. The lawsuit said people who need prompt medical care will be affected.

The state had argued that the provision was enacted to regulate commercial speech.

Rules set by the Ohio State Chiropractic Board and other agencies already protect potential clients from false and deceptive advertising and that lawyers who represent such clients are not affected by the new budget, according to the lawsuit.

The budget also amended Ohio law to exclude the telephone numbers of witnesses and victims to crimes, as well as any parties to a car crash, as public records. This means the phone numbers can be redacted from reports.

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