CPT Codes

This section is compiled by Frank M. Painter, D.C.
Send all comments or additions to:   Frankp@chiro.org

****************** InterScan Message (on ama-mail)

INFRINGE.DOC is scanned and no virus found

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Mr. Painter,

I refer you to the attached correspondence and request a response
within ten business days.

Thank you.

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May 27, 1998

Frank M. Painter, D.C.
American Chiropractic Association

VIA E-MAIL: Frankp@chiro.org


Dear Mr. Painter:

I was recently given a print out from your website regarding information on "Common CPT Codes for the Chiropractic Office". I reviewed the literature and clearly the American Chiropractic Association's website references Physicians' Current Procedural Terminology

You may or may not be aware that all Physicians' Current Procedural Terminology (CPT) five-digit numeric codes, descriptions, numeric modifiers, instructions and guidelines are copyright by the American Medical Association (AMA). Therefore, in order for CPT to be included in any electronic media, website or paper product(s) which are to be licensed or sold, distributors are required to enter into a Licensing Agreement with the AMA.

I would appreciate the opportunity to speak with you at your earliest convenience to discuss the possibility of licensing arrangements and to clarify if your business activities are in conflict with any copyright issues.

I can be reached directly at (312) 464-5820.

Sincerely,

Shelley J. Jacobs
CPT Licensing Manager
CPT Intellectual Property Services

cc: Paul Markowski
Andrea Cooper-Finkle

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MY RESPONSE TO HER

Hi Shelly,

I am hoping to have time to call you tomorrow, or Monday at the latest.

Firstly, this CPT data is not located at the ACA site...it's located on our non-commercial .ORG site known as the Chiropractic Resource Organization, which located at:

http://www.chiro.org

I maintain the LINKS section, which is located at:

http://www.chiro.org/LINKS

I am hoping you will understand that these codes are listed for "information only", and our site does not charge for usage of the site or ANY materials that we offer. The wording of your letter suggests that:

" in order for CPT to be included in any electronic media, website or paper product(s) which are to be licensed or sold, distributors are required to enter into a Licensing Agreement with the AMA."

and we are NOT distributors (in a commercial sense), and are not licensed as a commercial site. I realize I am speaking as a doctor, not as a lawyer, and the "fine points" a lawyer may choose to make from that statement would likely elude me.

My point is not argumentative...I am only sharing with you the simple fact that this small collection of codes (located specifically at: http://www.chiro.org/LINKS/cpt.shtml) is not being used for financial gain...just as a kindness to new DC's, who will need to go buy your text (as I have from PMIC) anyhow.

If you will permit us to maintain this non-commercial use of this data, I would be happy to add an unobtrusive credit to you, or the AMA or a specific dealer of that text (such as PMIC) at the top or bottom of that page.

On the other hand, if you are adamant that we cannot use it without some 'formal" agreement, please advise me what that may entail. We are eager to continue to offer this information FREE to interested parties. My page is getting on the average 300-400 "user sessions" a day, and so we are the largest chiropractic site on the web, and are (as far as I know) the only NON-COMMERCIAL chiropractic web site.

If you expect a large sum of money, of course I will decline and remove the file. We all have respect for "proprietary" rights of copyrighted material , and will remove it IF we have to...and since we are all volunteers on a free site, there's no cash available to pay fees.

I hope my suggestion of "credit where credit's due" will be sufficient to resolve this matter. I look forward to speaking with you soon. I also forgive the 'faux pas" of using the MR. in your letter, to one who is clearly (D.C.) a doctor, and deserving of that title.

I hope we can work out a mutually satisfying arrangement. I apologize for the use of the AMA material w/o permission. I will now go stand in the corner...hehehe

P.S. I hope you have time to look at the LINKS section...it is a valuable tool...particularly the SEARCH tools and the MEDLINES sections. I hope you will find value there for your own use. If you have favorite "info" sites, please forward them to me, as the site is growing all the time. Ta Ta!

Frank M. Painter, D.C.
Frankp@chiro.org

Whatever you can do, or dream you can, begin it.
Boldness has genius, power, and magic in it.
--Goethe
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HER FINAL RESPONSE

Friday, May 29, 1998

We currently have Licensing Agreements with other non-commercial sites. Your material goes beyond "fair-use" (More than 30% of a specialty) and your material does not contain the AMA copyright notice. Please inform me of your mailing address and I will send you an application for your completion. Please return to my attention ASAP at the following mailing address:

American Medical Association
Shelley J. Jacobs, RN, PhD
515 North State Street
Chicago, IL 60610


At this time you will need to pull your website until you are under a Licensing Agreement with the AMA.

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In a phone conversation today she told me they charge $50 per year for each location AND per user.   This means if 1000 people looked at it, it would cost us $50,000 PER YEAR. WOW!!!    UPDATE: 9-18-98 ...There are NO sites available by search engine for Chiropractic CPT codes.    I guess no-one can afford their charges.

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Since 1-01-1998