The Acupuncture Arbitration Agreement serves as a crucial risk management tool for acupuncture practices in the United States. This document is typically presented to patients before treatment begins, establishing a clear framework for resolving any future disputes through arbitration rather than litigation. The agreement must comply with both federal arbitration laws and state-specific healthcare regulations, making it essential for protecting both practitioner and patient interests. It should be used whenever establishing a new patient relationship and must include specific provisions about the scope of arbitration, cost allocation, and patient rights.
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1. Parties: Identifies the acupuncturist/practice and patient
2. Background: Explains purpose of agreement and context of treatment
3. Definitions: Defines key terms used in the agreement including 'arbitration', 'dispute', and 'claims'
4. Agreement to Arbitrate: Core provision outlining agreement to resolve disputes through arbitration
5. Scope of Arbitration: Specifies which disputes are covered by the agreement and any exclusions
6. Arbitration Process: Details how arbitration will be conducted including arbitrator selection and procedures
7. Costs: Explains how arbitration costs will be allocated between parties
8. Acknowledgment: Patient acknowledgment of understanding and voluntary agreement to arbitrate
1. Opt-out Provision: Optional clause allowing patient to opt out of arbitration within a specified timeframe
2. Emergency Care Exception: Section excluding emergency treatment from arbitration requirement
3. Language Access: Provisions for non-English speaking patients including translation requirements
1. Schedule A - Patient Rights Notice: Required disclosures about patient rights regarding arbitration
2. Schedule B - Arbitration Process Details: Detailed explanation of arbitration procedures and rules
3. Schedule C - Cost Schedule: Detailed breakdown of potential arbitration costs and payment responsibilities
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