Number 9: Audit Exposes Corruption and Mismanagement at Arizona Chiropractic Board
Ranked #9 in Top Chiropractic News Stories of 2024, This Revelatory Audit Demands Reform in Regulatory Practices
The Arizona State Board of Chiropractic Examiners is under fire following a scathing special audit conducted by Sjoberg Evashenk Consulting, Inc. The audit, commissioned by the Arizona Joint Legislative Audit Committee (JLAC), reveals systemic failures and questionable practices under the leadership of past Chair Wayne Bennett, DC, and Angela Powell, the Board’s current Chair. This bombshell investigation has earned its place as #9 in the Chiropractic Chronicle's Top Ten News Stories of 2024.
A Culture of Abuse and Neglect
The audit paints a troubling picture of a regulatory body rife with overreach, negligence, and disregard for its statutory mandate to protect the public. Key findings include:
1. Overreach in Subpoena Practices
The Board routinely demanded irrelevant information far beyond the scope of complaints, including licensees' business and continuing education records unrelated to allegations. These overbroad subpoenas often resulted in disciplinary actions for issues that had no connection to the original complaints.
“The Board regularly requested information and other evidence through information requests and subpoenas that went beyond the scope of complaint allegations, contrary to statute.”
2. Failure to Investigate Serious Allegations
One of the most egregious findings was the Board’s failure to report nine allegations of criminal misconduct, including sexual assault and insurance fraud, to law enforcement as required by statute.
“The Board did not refer allegations of criminal wrongdoing, such as sexual contact and insurance fraud, to appropriate criminal justice agencies, increasing public safety risks and potentially delaying or hindering criminal investigations.”
3. Mismanagement of Psychosexual Evaluations
The Board inconsistently applied psychosexual evaluations in cases involving sexual impropriety. Some cases involving serious allegations were inexplicably overlooked, leaving the public at risk.
4. Violations of Open Meeting Laws
The Board repeatedly violated Arizona’s Open Meeting Law by improperly using executive sessions and failing to cite appropriate legal grounds for discussions. These actions compromised transparency and accountability.
5. Lack of Ethical Oversight
Conflict-of-interest disclosures were inadequately managed, with no centralized system for public inspection. Board members failed to complete required forms, raising questions about ethical governance.
Wayne Bennett’s Role in the Crisis
As the Board’s Chair until August 2024 and now Vice Chair, Wayne Bennett has been a controversial figure. His tenure was marked by accusations of monopolistic control and resistance to reform. The audit highlights instances where Bennett and other Board members actively obstructed public participation, curtailed transparency, and maintained practices that enabled regulatory overreach.
Bennett’s extensive ties to the National Board of Chiropractic Examiners (NBCE), Federation of Chiropractic Licensing Boards (FCLB), and the American Chiropractic Association (ACA) have fueled criticisms of a "Chiropractic Cartel" that prioritizes control over innovation and autonomy.
Senator Janae Shamp’s Legislative Push for Accountability
Senator Shamp has emerged as a leading voice for reform, championing Senate Bill 1233 (SB 1233), which seeks to rein in the Board’s unchecked power. The bill proposes:
Limiting the Board’s subpoena powers to only information directly relevant to complaints.
Mandating timely adjudication of complaints based on severity, regardless of related litigation.
Reforming disciplinary practices by implementing a standardized matrix for decision-making.
Ensuring compliance with Open Meeting Laws and conflict-of-interest protocols.
“The Board’s repeated failures underscore the need for legislative action to restore transparency and protect public safety,” said Shamp in a statement.
Recommendations for Reform
The audit’s recommendations provide a roadmap for systemic improvement:
Stop Overreach in Subpoenas: Limit investigations to complaint-specific allegations and inform licensees of their rights to contest subpoenas.
Streamline Complaint Adjudication: Ensure timely resolution based on severity and avoid unnecessary delays due to civil litigation.
Implement Ethical Safeguards: Establish a centralized disclosure system for conflicts of interest and enforce compliance among Board members.
Enhance Transparency: Develop clear policies for communicating substantive changes and ensure compliance with Open Meeting Laws.
Improve Regulatory Consistency: Create a disciplinary matrix to standardize actions and provide training for Board members.
A Wake-Up Call for Chiropractic Regulation
The audit of the Arizona State Board of Chiropractic Examiners offers a stark reminder of the dangers of unaccountable governance. The findings reveal not just failures in oversight but also a broader issue of monopolistic control in chiropractic education, licensing, and regulation.
The Chiropractic Chronicle's Top Ten Stories of 2024 continue to highlight the need for reform and transparency within the profession. As the fallout from this audit unfolds, Arizona's efforts to address these systemic issues could serve as a blueprint for other states facing similar challenges. The ultimate goal remains clear: ensuring chiropractic care that is safe, ethical, and aligned with the profession’s core principles.
