Disciplinary Action against
Jason Maring, D.C.
Stephen Barrett, M.D.
In 2102, the Iowa Board of Chiropractic Physicians charged Jason Maring with misleading advertising and improperly accepting a fee. The Statement of Charges (shown below) said that, in return for a $20 donation to a local charity, Maring offered "Health Check Passes" that supposedly entitled the bearer to "a chiropractic consultation, orthopedic and neurological examination, spinal X-rays if necessary and a report of findings for no charge. $185 value." However, someone complained to the board that Maring had billed the complainant's insurance company for the services involved. The case was settled by a consent agreement under which Maring was fined $500, required to take four hours of continuing education in ethics, and ordered to reimburse the insurance company.
BEFORE THE BOARD OF CHIROPRACTIC
OF THE STATE OF IOWA
IN THE MATTER OF
Jason Maring, D.C.,
CASE NO. 09-018
NOTICE OF HEARING
COMES NOW the Iowa Board of Chiropractic (Board) and files this Notice of Hearing and Statement of Charges pursuant to Iowa Code sections 17A.12(2), 17A.18(3), and Iowa Administrative Code rule 645—11.6. Respondent was issued Iowa license 007093 on May 16, 2008. Respondent's license is active and will next expire on June 30, 2012.
A. TIME, PLACE, AND NATURE OF HEARING
Hearing. A disciplinary contested case hearing shall be held on July 11, 2012, before the Board. The hearing shall begin at 1:00 p.m. and shall be located in the Lucas State Office Building, Fifth Floor Board Conference Room 526, Des Moines, Iowa 50319.
Answer. Within twenty (20) days of the date you are served this Notice of Hearing and Statement of Charges you are required by Iowa Administrative Code rule 645—11.12 to file an Answer. The Answer should specifically admit, deny, or otherwise answer all allegations contained in sections C and D of this Notice of Hearing and Statement of Charges. Pleadings shall be filed with the Board at the following address: Board of Chiropractic, 5th Floor, Lucas State Office Building, Des Moines 50319.
Presiding Officer. The Board shall serve as presiding officer, but the Board may request an Administrative Law Judge make initial rulings on pre-hearing matters, and be present to assist and advise the board at hearing.
Hearing Procedures. The procedural rules governing the conduct of the hearing are found in Iowa Administrative Code chapter 645—11. At hearing, you may appear personally or be represented by counsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of material fact, cross-examine witnesses present at the hearing, and examine and respond to any documents introduced at hearing. If you need to request an alternative time or date for hearing, you must comply with the requirements in Iowa Administrative Code rule 645—11.18. The hearing may be open to the public or closed to the public at your discretion.
Pre-hearing Conference. Any party may request a pre-hearing conference to discuss evidentiary issues related to the hearing. The Board's rules regarding pre-hearing conferences are contained in Iowa Administrate Code rule 645—11.17.
Prosecution. The Office of Attorney General is responsible for representing the public interest (the State) in this proceeding. Copies of pleadings should be provided to counsel for the State at the following address:
Assistant Attorney General
Iowa Attorney General's Office
2nd Floor, Hoover State Office Building
Des Moines, Iowa 50319.
Ms. Gavin can also be reached by phone at (515)281-6736 or e-mail at Meghan.Gavin@iowa.gov.
Communications. You may not contact board members in any manner, including by phone, letter, or e-mail, about this Notice of Hearing and Statement of Charges. Board Members may only receive information about the case when all parties have notice and opportunity to participate, such as at the hearing or in pleadings you file with the Board office and serve upon all parties in the case.
B. LEGAL AUTHORITY AND JURISDICTION
Jurisdiction. The Board has jurisdiction in this matter pursuant to Iowa Code chapters 147, 151, and 272C.
Legal Authority. If any of the allegations against you are founded, the Board has authority to take disciplinary action against you under Iowa Code chapters 17A, 147, 151, and 272C and under Iowa Administrative Code rule 645—11.21.
Default. If you fail to appear at hearing, the Board may enter a default decision or proceed with the hearing and render a decision in your absence, in accordance with Iowa Code section 17A.12(3) and Iowa Administrative Code rule 645—11.21.
C. STATUTES AND RULES INVOLVED
Respondent is charged with acceptance of any fee by misrepresentation in violation of Iowa Code section 147.55(9) and Iowa Administrative Code rule 645—45.2(9).
Respondent is charged with use of untruthful statements in advertisements in violation of Iowa Code section 147.55(7) and Iowa Administrative Code rule 645—45.2(5).
Respondent is charged with violation of a regulation or law of this state, another state, or the United States—Iowa Administrative Code rule 43.11(7)(a)— which relates to the practice of the profession in violation of Iowa Code section 147.55(9) and Iowa Administrative Code rule 645—45.2(12).
D. FACTUAL CIRCUMSTANCES
1. In the summer of 2009, the Children's Discovery Center held a festival/carnival as part of Clinton's Felix Adler Days.
2. Respondent is the owner of Cadogan Chiropractic.
3. Cadogan Chiropractic was a sponsor of the Children's Discovery Center event.
4. At the event, Respondent or his employees passed out an advertisement/coupon—Health Check Pass—in exchange for a $20 donation to the Children's Discovery Center.
5. The Health Check Pass stipulated, "This card entitled the bearer to a chiropractic consultation, orthopedic and neurological examination, spinal X-rays if necessary and a report of findings for no charge. $185 value."
6. Client #1 obtained a Health Check Pass at the Children's Discovery Center and on July 2, 2009 visited Cadogan Chiropractic to take advantage of the promotional coupon.
7. Cadogan Chiropractic billed Client #1's insurance company for the services provided on July 2, 2009.
This matter may be resolved by settlement agreement. The procedural rules governing the Board's settlement process are found at Iowa Administrative Code chapter 645—12.
F. FINDING OF PROBABLE CAUSE
On April 26, 2012, the Iowa Board of Chiropractic found probable cause to file this Statement of Charges and to order a hearing set in this case.
This page was posted on May 11, 2014.