Ala. Admin. Code r. 140-X-6-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 140-X-6-.02 - Prohibited Acts

(1) The following acts shall constitute misconduct in the practice of athletic training for which disciplinary penalties may be imposed after opportunity to be heard pursuant to the procedure in the Alabama Administrative Procedures Act:

(a) Conviction, adjudication, or a finding of guilt in any jurisdiction of a crime, which directly relates to the practice of athletic training or to the ability to practice athletic training. A plea of nolo contendere may be taken into consideration by the Board.

(b) False, deceptive or misleading advertising as pertaining to the use of the title of athletic trainer, athletic training, and/or credentials as listed in the Alabama Athletic Trainers Licensure Act.

(c) Aiding, assisting, or procuring any unlicensed person to practice athletic training contrary to the rules and regulations of the Board or the Alabama Athletic Trainers Licensure Act.

(d) Making deceptive, untrue, or fraudulent representations in the practice of athletic training.

(e) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform or acting outside of the NATA Code of Ethics or standards of practice.

(f) Delegating professional responsibilities to an apprentice athletic trainer, or unlicensed athletic trainer when the licensee delegating the responsibility knows or has reason to believe that the person is not qualified by training, experience, or licensure to perform those responsibilities. This shall not include acts of an athletic training student enrolled in a CAATE-accredited educational program and is under direct supervision of a licensed athletic trainer. Direct Supervision is supervision of the athletic training student during clinical experience. The ACI and/or CI must by physically present and have the ability to intervene on behalf of the athletic training student and the patient.

(g) Acting, or practicing as an athletic trainer while unlicensed or with a revoked or suspended license.

(h) Refusing to allow the designated Board member(s) or investigator to inspect the athletic training practices, settings, premises, or establishment during regular business hours.

(i) Failing to attend and/or provide evidence of attendance and/or completion of prescribed continuing education course work in the twelve (12) months preceding the date renewal of licensure is due.

(j) Failing to work under the direction of a physician licensed by the Medical Licensure Commission of Alabama.

(k) Performing any of the acts listed under Alabama Athletic Trainers Licensure Act, Section 34-40-10, Reasons for rejection, revocation or suspension of licensure.

(l) Attempting to obtain or renew a license by fraud or deception.

(m) Using mind altering substances to an extent which affects professional competency. These substances include, but are not limited to, prescription medications, alcohol, controlled substances, and illegal drugs or mind altering chemicals.

(2) The following acts shall constitute incorrect practice of athletic training for which disciplinary penalties may be imposed after opportunity to be heard in an informal or a formal hearing pursuant to the procedure in the Alabama Administrative Procedures Act, or after notice of deficiency and opportunity to cure the deficiency:

(a) Failing to perform a statutory or legal or rule-based obligation based upon a licensee in the practice of athletic training.

(b) Failing to practice athletic training with reasonable skill and safety to athletes as a result of illness; use of alcohol, drugs, narcotics, chemicals, or other mind-altering substance; mental or physical condition.

(c) Failing to practice athletic training with that level of care, skill and treatment which is recognized by a reasonably prudent athletic trainer as being acceptable under similar circumstances and conditions.

(d) Failing to maintain premises, supplies, and equipment of the athletic training setting in a clean and sanitary condition.

(e) Being guilty of an offense or conduct that has been deemed detrimental to the best interest of the public by a court of law or higher judicial authority.

Ala. Admin. Code r. 140-X-6-.02

New Rule: Filed December 10, 2008; effective January 14, 2009.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 7/29/2019.

Authors: Rodney Brown, ATC; Drew Ferguson, ATC; Brad Montgomery, ATC

Statutory Authority:Code of Ala. 1975, § 34-40-3(e).