Jared N. Himsel, D.C. Reprimanded
for Misleading Advertising
Stephen Barrett, M.D.
In 2017, the Indiana Board of Chiropractic Examiners reprimanded Jared Himsel, D.C. for making improper statements on his Web site and Facebook pages. The proposed settlement agreement (shown below) indicates the Board objected to:
As part of the settlement process, Himsel removed the statements to which the board objected. His Clinic Web site still recommends regular chiropractic care from birth onward and states: "Our unique focus achieves a high level of success across multiple conditions, not just for neck and back pain."
- Claiming that he "is one if the best pediatric chiropractors around" and that families in his office were "safer and healthier than those who are not."
- Claiming that that he can treat (a) infectious diseases such as ear infections and colds, (b) histologic conditions such as allergies and eczema, and (c) endocrine disorders such as as thyroid and reproductive issues. (The board said that treating or attempting to treat these types of problems "is not chiropractic.")
- Distributing misleading and incomplete evidence regarding an alleged link between autism and childhood vaccines.
BEFORE THE INDIANA BOARD
OF CHIROPRACTIC EXAMINERS
CAUSE NUMBER: 2017 IBCE 0004
IN THE MATTER OF THE LICENSE OF
JARED N. HIMSEL, D.C.
LICENSE NO: 08002313A
JUL 13, 2017
PROPOSED SETTLEMENT AGREEMENT
The State of Indiana ("Petitioner"), by counsel, Aaron T. Milewski, Deputy Attorney General, Jared N. Himsel, D.C. ("Respondent"), and Counsel Mark Sullivan, hereby execute this Agreement as a disposition of the disciplinary complaint filed on March 24, 2017. This agreement is subject to the review and approval of the Indiana Board of Chiropractic Examiners ("Board") pursuant to Indiana Code ch. 25-1-9 and Administrative Orders and Procedures Act at Indiana Code ch. 4- 21.
STIPULATED FINDINGS OF FACT
1. Respondent is a Chiropractor in the State of Indiana, having been granted Chiropractor license No. 08002313A on January 11, 2007 by the Indiana Board of Chiropractic Examiners ("Board").
2. Respondent's address on file with the Board is 14350 Mundy Dr., Suite 1000, Noblesville, IN 46060-7256.
3. Jared N. Himsel, DC, PC, conducted business in Indiana under the assumed business name of Himsel Chiropractic.
4. Respondent currently owns and operates Himsel Chiropractic, which maintains both a webpage and Facebook page for advertising purposes.
5. Respondent is solely responsible for the content of any advertising and/or social media placed in the public domain for the purposes of soliciting business for his chiropractic services.
6. Respondent's webpage, "http://www.himselchiropractic.com" and Facebook page, "https://www.facebook.com/himselchiro", both made the claim that, "Families in our office are safer and healthier than those who are not."
7. Respondent's Facebook page further made the claim that "Dr. Himsel is one of the best pediatric chiropractors around!"
8. Respondent's advertising material provides no evidence to substantiate the claim that families receiving services from Himsel Chiropractic are safer and healthier than those who are not, or that Respondent is one of the best pediatric chiropractors around.
9. Respondent has advertised his services in a manner which could mislead the public to believe Respondent can treat or attempt to treat infectious diseases such as ear infections and colds. The treatment or attempt to treat infectious diseases is not chiropractic.
10. Respondent has advertised his services in a manner which could mislead the public to believe Respondent can treat or attempt to treat endocrine disorders such as thyroid and reproductive issues. The treatment or attempt to treat endocrine disorders is not chiropractic.
11. Respondent has advertised his services in a manner which could mislead the public to believe Respondent can treat or attempt to treat conditions which are the result of abnormal or atypical histologies, such as allergies and eczema. The treatment or attempt to treat conditions which are the result of abnormal or atypical histologies is not chiropractic.
12. Respondent has distributed misleading and incomplete evidence regarding an alleged link between autism and childhood vaccines.
13. At the time of the execution of this Proposed Settlement Agreement, Respondent has removed all advertising material described herein.
ULTIMATE FINDINGS OF FACT
1. Respondent's violations are cause for disciplinary sanctions which may be imposed singularly or in combination, such as censure, letter of reprimand, probation, suspension, and permanent revocation, and the imposition of a fine in any amount up to $1,000.00 per violation as detailed in Indiana Code 25-1-9-9.
2. Respondent's actions constitute a violation of Ind. Code § 25-l-9-4(a)(3); 846 IAC 1-3- 2(3).
3. Respondent's actions constitute a violation of Ind. Code § 25-l-9-4(a)(3); 846 IAC 1-3- 2(1) and IC 25-10-1-l(G).
STIPULATED CONCLUSIONS OF LAW
1. The agreement of the parties as stated above establishes a sufficient factual and legal basis for the discipline of Respondent's chiropractor license.
WHEREAS, this matter is set for hearing before the Board; and
WHEREAS, the Respondent and Petitioner wish to resolve this matter prior to a hearing and have reached this resolution.
It is now therefore agreed by Respondent and Petitioner as follows:
1. The Board has jurisdiction over Respondent and the subject matter in this disciplinary action.
2. Both parties execute this Agreement voluntarily.
3. Both parties voluntarily waive their rights to a public hearing on the Complaint.
4. Petitioner agrees that the terms of this Agreement will resolve any and all pending claims or allegations relating to disciplinary action against Respondent's Indiana Chiropractor license.
5. Respondent agrees he is solely responsible for the content of any advertising and/or social media placed in the public domain for the purposes of soliciting business for his chiropractic services.
6. The Respondent agrees that he will receive the attached LETTER OF REPRIMAND, which will be included as a permanent part of his file located at the Indiana Professional Licensing Agency. (See Letter of Reprimand attached hereto as Exhibit "A").
7. Respondent shall, pursuant to Indiana Code sec. 4-6-14-l0(b), pay a fee of FIVE DOLLARS ($5.00) to be deposited into the Health Records and Personal Identifying Information Protection Trust Fund. This fee shall be paid by check or money order payable to the State of Indiana, and submitted to the following address:
Office of the Attorney General
ATTN: Theresa Henson
302 West Washington Street
5th Floor, Indianapolis, IN 46204
8. Respondent has carefully read and examined this agreement and fully understands its terms and that, subject to a final order issued by the Board, this Agreement is a final disposition of all matters and not subject to further review.
9. Respondent further understands that a violation of the Final Order, any non-compliance with the statutes or regulations regarding chiropractic care, or any violation of this Settlement Agreement may result in Petitioner requesting a summary suspension of Respondent's license, an Order to Show Cause as may be issued by the Board, or a new cause of action pursuant to Ind. Code § 25-1-9-4, any or all of which could lead to additional sanctions, up to and including a revocation of Respondent's license.
10. The parties agree to the continuing jurisdiction of the Board and that the discipline agreed to, terms of discipline, and licensure status will apply even if the Board renews Respondent's license at a later date.
Jared N. Hinsel, D.C.
Counsel for Respondent
Aaron T. Milewski
Deputy Attorney General
This page was posted on Octoiber 19, 2017.