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title-140•Alabama Administrative Code, Title 140 — Alabama Board of Athletic Trainers
title-140Alabama Admin. Code Title 140Regulation1 janv. 1900
The Alabama Board of Athletic Trainers serves to protect the public safety, health and welfare by setting standards for licensure in the practice of athletic training. Those standards are in the license requirements, license renewal requirements, and the disciplinary procedures set by law for athletic trainers. To further ensure the public trust in the practice of athletic training certain titles and initials shall be used only by licensed athletic trainers.
Authors: Robert Ferguson, ATC; Chris Gillespie, ATC; Wayne Kendrick, ATC
History
The Board shall be composed of nine persons who shall serve no more than three consecutive four year terms. The President of the Alabama Athletic Trainers Association shall serve as an ex officio member of the Board, the term of office shall be yearly to coincide with the term of President.
(1) Six members of the Board shall be appointed by the Alabama Athletic Trainers Association during an annual meeting which licensed athletic trainers attend and vote. Two of the six appointments shall be black members and one an athletic trainer who is a licensed physical therapist.
(2) The Medical Association of the State of Alabama shall appoint three physicians, licensed by the Medical Licensure Commission of Alabama, one of whom shall be black. The physicians shall be actively engaged in the treatment of athletes and athletic injuries.
(3) In the event of a vacancy the board would fill the unexpired term of all members with the exceptions of a physician member who would be appointed by the Medical Association of the State of Alabama and the President of the Athletic Trainers Association who would be appointed by the Association.
Authors: Robert Ferguson, ATC; Chris Gillespie, ATC; Wayne Kendrick, ATC
History
The Board shall elect a chairman, vice chairman, and secretary from its members for a term of one year. The Board shall meet at least twice a year. Additional meetings may be held at the call of the chairman or at the written request of two board members.
Authors: Robert Ferguson, ATC; Chris Gillespie, ATC; Wayne Kendrick, ATC
History
The Board shall employ an Executive Secretary who shall be responsible for the administration of Board policy. All correspondence and request for information shall be made to the Executive Secretary at the Board Office, which will be designated by the Board. The Executive Secretary at the Board Office will make available for public inspection and copying, at cost, all rules and written statements of policy used by the Board in the discharge of its duties. The Board Office address and telephone number:
Executive Secretary
Alabama Board of Athletic Trainers
Post Office Box 243011
Montgomery, Alabama 36124
334/264-1929
History
As provided in the Code of Ala. 1975, Section 34-40-9, any individual wanting to practice as an Athletic Trainer in the State of Alabama shall, before practicing, apply for a license, pay the requisite fees, and meet all requirements approved by the Board. Any person practicing as an Athletic Trainer without a valid current license, and who does not qualify for an exemption under Code of Ala. 1975, Section 34-40-9, shall be subject to the penalties prescribed in Section 34-40-12 of the Code of Ala. 1975.
Authors: Robert Ferguson, ATC; Chris Gillespie, ATC; Wayne Kendrick, ATC
History
All applicants for licensure will be furnished an electronic or paper application packet as approved by the Board. The application must be signed by the applicant to be complete. The Physician/Athletic Trainer Protocol Consent Form must be agreed to by the physician and athletic trainer. Forms and instructions used by the Board are found in Appendix A and are part of this rule.
History
The applicant must complete and submit to the Board Office the official application with payment of a one hundred ($100) dollar application fee and seventy-five ($75) dollar license fee.
History
The application for licensure must be completed utilizing the Board-prescribed method and platform and include a signed Physician/Athletic Trainers Protocol Consent Form, payment of requisite fees, and proof of certification by the Board of Certification, Inc.
(1) Executive Secretary will receive applications for licensure and inform registrant of information needed to complete the application, if any.
(2) Upon receipt of an application for licensure meeting the requirements for issuance and not requiring further consideration by the Board as determined by the Executive Secretary, the Executive Secretary will issue a license on behalf of the Board and subject to final approval by the Board.
(3) Special considerations shall be given to qualifying spouses of active duty military personnel relocating to the State of Alabama under certain circumstances to facilitate the continuation of employment as an athletic trainer through a streamlined process for initial licensure when already licensed to practice in another state. Requirements for issuance will be the completed application for licensure utilizing prescribed methods and forms, a fully executed Physician/Athletic Trainers Protocol Consent Form, and proof of certification by the Board of Certification, Inc. Since the Board of Certification, Inc., exam is recognized by all Athletic Trainer state regulatory agencies to meet their exam requirement, BOC certification is the credential required and accepted.
(a) An eligible individual is any individual who satisfies all of the following requirements:
Is the spouse of an active duty reserve or transitioning member of the United States Armed Forces, including the National Guard, or a surviving spouse of a service member who, at the time of his or her death, was serving on active duty, who is relocated to and stationed in the State of Alabama under official military orders. A transitioning service member is a member of the United States Armed Forces, including the National Guard, on active duty status or on separation leave who is within 24 months of retirement;
Has not committed or participated in an act that would constitute grounds for refusal, suspension, or revocation of a professional license or certificate;
Has not been disciplined by an authorized entity or under investigation, in any jurisdiction, in relation to a professional license or certificate.
(b) Upon eligible individual's completion of an application document that documents eligibility and compliance with the Board's requirements for a license, the Board will expedite the application review process in order to issue a license to facilitate continuation of eligible individual's employment in the State of Alabama. The form used by the Board is found in Appendix A and is part of this rule.
(c) For the purpose of continuation of employment in the State of Alabama, the Board will waive the initial licensing fee for the eligible individual upon application by the eligible individual in the Board-prescribed manner. The fee waiver application will be processed within 30 days after receiving the application.
History
The State Boards of Medical Examiners and the Board of Athletic Trainers jointly approve any rule, regulation or policy that affects the services rendered by an Athletic Trainer or apprentice Athletic Trainer. The Licensed Athletic Trainer Protocol and Physician/Athletic Trainer Protocol Consent Form, are included in the license application packet. The protocol and form are in Appendix A and are a part of this rule.
Authors: Robert Ferguson, ATC; Chris Gillespie, ATC; Wayne Kendrick, ATC
History
Issuance of a license will allow the applicant to use the title "athletic trainer," "certified athletic trainer," or "licensed athletic trainer," and the letters "AT," "ATC," and "LAT," with or without receiving compensation.
Authors: Robert Ferguson, ATC; Chris Gillespie, ATC; Wayne Kendrick, ATC
History
All licenses issued by the Board of Athletic Trainers shall expire on the last day of December of each year. Licensees must renew their licenses annually to continue the practice of Athletic Training.
(1) The annual licensure period shall be construed as January 1 through December 31.
(2) The deadline to renew a license is December 31st. Any renewals received on January 1st or after must pay a late fee of $50.00.
(3) Continuing education requirements as stipulated and approved by the Board and specific to the type of licensee shall be met during the renewal period for the next licensure period. Licensees issued a license between July 1 and December 31 shall not be required to report continuing education for the first renewal period.
(4) Continuing education requirements obtained after the renewal period for the next licensure period but obtained during the 90-day grace period shall be allowed and shall be considered late.
(a) A fee of $25 for each month the continuing education requirements are late being obtained shall be assessed the licensee and shall be paid before the end of the 90-day grace period.
(b) Continuing education obtained after the then-current renewal period but during the 90-day grace period may not be used to satisfy continuing education requirements for the next renewal period.
History
To qualify for a renewal of license previously issued by the Board, the licensee, except where specifically noted, shall comply with all of the following requirements:
(1) Complete application for renewal utilizing methods prescribed by the Board including the Physician/Athletic Trainer Protocol Consent Form.
(2) Submit a seventy-five ($75) dollar renewal fee on or before November 30 of the year in which the existing license expires and an additional fifty ($50) dollar late fee when submitting application for renewal after the November 30 renewal deadline of existing license but within the 90-day grace period.
(3) Submit late fee(s) as appropriate for delinquent CEUs earned after the renewal deadline of November 30. Licensees issued a license between July 1 and December 31 shall not be subject to continuing education requirements or payment of late fees for the first renewal period only.
(4) Proof of completion of continuing education requirements utilizing methods prescribed by the Board. Licensees issued a license between July 1 and December 31 shall not be subject to continuing education requirements for the first renewal period.
(5) Proof of good standing with the Board of Certification, Inc., except for those specifically exempted from this requirement through Code of Ala. 1975, Section 34-40-7.
History
Athletic Trainers are required to complete and document continuing education each renewal year to renew their license. Continuing education guidelines and reporting methods and forms as appropriate for class of licensee will be provided to licensees annually. Forms and instructions used by the Board are found in Appendix A and are part of this rule. Licensees issued a license between July 1 and December 31 shall not be subject to continuing education requirements or late fees for the first renewal period only.
(1) Athletic Trainers who hold an active BOC Certification must meet the highest professional standards and stringent continuing education requirements imposed by the BOC. BOC continuing education requirements meet or exceed those required by the Alabama Board of Athletic Training except for annual certification in an approved emergency cardiac care course.
(a) BOC-certified Athletic Trainers may use the continuing education earned to satisfy their BOC credentialing requirement as a portion of the Board's continuing education requirement each renewal year. Proof of current BOC certification shall be considered acceptable documentation.
(b) BOC-certified Athletic Trainers shall also report and document annual certification in a BOC-approved EMRC course each renewal year unless otherwise noted. The original or copy of said certification card, official letter, or certificate of completion shall be considered acceptable documentation.
(2) Athletic Trainers who were issued a license pursuant to Code of Ala. 1975, Section 34-40-7, without being required to be BOC Certified for licensure are required to complete and document twenty-six (26) contact hours of continuing education as prescribed by the Board each renewal year. Continuing education requirements are similar in content and contact hours to those required of BOC-certified athletic trainers.
(3) Athletic Trainers who are issued a license between July 1 and December 31 shall be required to submit only proof of current BOC Certification which serves as documentation that BOC professional standards and continuing education requirements have been met, thus satisfying the annual continuing education requirement of the Alabama Board of Athletic Trainers for the initial renewal period.
(4) The annual renewal period shall be October 15th through December 31st.
(5) Continuing education requirements obtained after the renewal period for the next licensure period but obtained during the 90-day grace period shall be allowed and shall be considered late.
(a) A fee of $25 for each month the continuing education requirements are late being obtained shall be assessed the licensee and shall be paid before the end of the 90-day grace period.
(b) Continuing education hours obtained after the then-current renewal period but during the 90-day grace period may not be used to satisfy continuing education requirements for the next renewal period.
History
Upon completion of all requisites for license renewal as determined by a member of the Board-approved review committee and payment of any late fees, licensees will be provided a wallet license card and continue to be listed in the Board Office as a licensed athletic trainer in the State of Alabama.
History
As provided in the Code of Ala. 1975, § 34-40-3(g), the Board has the responsibility for fixing fees for applications, licenses, renewals, verifications of licensure, replacement of licenses, name changes on licensee, publication fees, or other administration fees deemed necessary to carry out the responsibilities of the Board.
Authors: Wayne Kendrick, ATC; William McDonald, ATC; James Jones, ATC
History
The Board shall impose certain administrative fees.
| (1) | Application & License Fee | $175.00 |
|---|---|---|
| (2) | Renewal Fee | $ 75.00 |
| (3) | Renewal Fee for first renewal Period only for licenses issued Between July 1 and December 31. | $ 25.00 |
| (4) | Renewal Late Fee For renewal applications submitted after November 30 deadline date for submission but within 90-day grace period unless otherwise noted. | $ 50.00 |
| (5) | Late CEU Fee - per month late for CEUs earned following November 30 deadline for then-current renewal period. | $ 25.00 |
| (6) | Replacement Identification Card | $ 35.00 |
| (7) | Replacement Wall Certificate | $ 50.00 |
| (8) | Verification of AL Licensure to another State or Agency | $ 25.00 |
| (9) | Copied Materials | $ .25/page |
| (10) | Roster of Licensees | $ 25.00 |
| (11) | Returned Check Fee | $ 30.00 |
| (12) | Application and License Fee for Eligible Military Spouse | $ waived |
History
(1) Where the Board is made aware by a notarized, written allegation as submitted on the Board-approved complaint form of the possibility of impropriety by a licensee in obtaining or maintaining licensure, or failing to obtain or timely renew licensure, or in the practice of athletic training, or other allegedly improper circumstance regarding athletic training, the Board will give notice and opportunity to be heard to the licensee, registrant, or person alleged to have committed the impropriety or delinquency, pursuant to the Alabama Administrative Procedure Act. In some instances an incorrect practice or deficiency of athletic training, the licensee, registrant, or person may be given notice of the incorrect practice or deficiency and an opportunity to cure the incorrect practice or deficiency will be provided without further action being taken. The licensee, registrant, or person may request a formal or informal hearing before the Board on an impropriety, delinquency, incorrect practice, or deficiency. Without regard to whether the Board has been given notice previously of the impropriety, delinquency, incorrect practice, or deficiency the listed may decline a hearing afforded the licensee or person by the Board. The right to decline a hearing afforded by the Board is a personal right which is to be exercised by the licensee or person and not by his attorney or other representative acting alone, and must be exercised in writing. The party requesting a hearing is responsible for obtaining the services of and payment of the cost of the court reporter's fee, if any. Procedures to be followed by the Board are contained in Appendix B - Procedures and are considered part of this rule.
(2) The improprieties and delinquencies set forth in the Alabama Athletic Trainers Licensure Act are examples of improprieties and delinquencies, for which the Board may suspend, fine, revoke or refuse to grant or renew a license, but are not at all an inclusive or exhaustive list of such improprieties and delinquencies.
(3) The Board will notify the licensee (or other person afforded a hearing after written allegation) of the decision of the Board, listing the reasons for any decision adverse to the licensee or person afforded a hearing.
(4) If, in the opinion of the Board, the misconduct is a continuing civic wrong which is not amendable to action of the Board after a hearing, or harm is imminently likely to occur to the public from continuation of the misconduct, the Board may institute a civil action for an injunction with penalties and costs, and/or may present the misconduct and information to the District Attorney for the county in which the misconduct occurred for prosecution as a criminal case.
History
(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.
History
(1) The Board may receive written complaints regarding licensees, registrants, applicants, entities, or other persons regarding athletic training or violations of the Alabama Athletic Trainers Licensure Act.
(2) The Professional Practice and Discipline Committee will investigate the complaint and present the information to the Board for its consideration.
(3) Notice and opportunity to be heard will be afforded the licensee, registrant, or person alleged to be delinquent or to have committed an impropriety, as stated above. If, after such a hearing, the Board determines adversely to the licensee, registrant, or person, the Board may:
(a) Order the licensee, registrant, or person to correct the delinquency within a stated amount of time;
(b) Order the licensee, registrant, or person to cease and desist the improper acts;
(c) Revoke the license or registration of the licensee, registrant, or person;
(d) Refuse to issue a license, registration, or renewal to the applying licensee, registrant, or person;
(e) Suspend the license or registration of the licensee, registrant, or person pending correction of a delinquency or impropriety;
(f) Institute a civil action for an injunction with penalties and costs;
(g) Present the information and allegation of misconduct to the District Attorney for the county in which the misconduct occurred, for criminal prosecution of the case;
(h) Suspend license for failure to maintain current certification through the Board of Certification of Athletic Training;
(i) Suspend license for failure to maintain current certification in standard first aid and CPR and AED for the Professional Rescuer through the American Red Cross, BLS Healthcare Provider through American Heart Association, or other Board-approved providers so long as the certification process is completed annually.
(4) The Board, after notice and/or hearing, may dispose of a case informally by stipulation, agreed settlement, or consent order in lieu of decision of the Board, with all parties or their authorized representative signing a written stipulation, agreed settlement, or consent order document.
(5) Any one or more of the above penalties may be imposed or sought in a particular case, as the situation warrants; and the Board may impose or seek any other penalty or remedy not stated above but available and authorized by law.
History
(1) A written advertisement by an athletic trainer or an athletic training establishment shall contain the Alabama license number of the athletic trainer.
(2) No person without valid Alabama athletic training licensure shall advertise as an athletic trainer.
History
As provided in the Code of Ala. 1975, § 34-40-15, the Board has the authority to make grants, and to otherwise arrange with qualified individuals, institutions, or agencies to develop and promote athletic training programs and continuing education programs for athletic trainers.
History
The Board may, at its discretion, award grants for the ultimate purpose of protecting the public through granting funds to further the education of athletic trainers. Grants may be awarded annually, contingent upon the availability of funds, to education-related efforts as follows:
(1) Educational sessions which can include on-site sessions or online through electronic means;
(2) Lab supplies;
(3) Continuing education provider fees;
(4) Speaker/presenter honorarium/award and/or travel costs;
(5) Student scholarships for attending or presenting at educational sessions, including fees and travel costs;
(6) Academic scholarships for undergraduate and graduate students enrolled in approved athletic training degree program;
(7) Research grants for projects related to healthcare for sports participants and physically active people; or
(8) Such other activities or expenditures that will, in the judgment of the Board, aid in the education of athletic trainers.
History
Grants are made at the discretion of the Board, and priority will be given to efforts with the greatest potential for broad impact on public safety.
(1) Grant applications shall be submitted to the Board in writing.
(a) Grant applications shall include the name of the organization requesting funding, the amount requested, and a description and timing of plans for using the funds.
(b) Grant applications shall include a description of the method to be used for program assessment.
(c) Grant activities shall be completed by December 31 of the then-current year.
(2) Grantees, upon completion of grant activities, must submit a written follow-up report in letter form to the Board that includes program outcomes based on the planned assessment.
(3) The Board will review and award grants at a meeting following the grant submission request.
History
The following definitions will apply to these rules:
(1) Advisory Council. The Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers, established pursuant to Code of Alabama 1975, as amended, § 34-40-3.2.
(2) Athletic Trainer. A person who is licensed by the State Board of Athletic Trainers as an athletic trainer in Alabama
(3) Board of Athletic Trainers. The Alabama Board of Athletic Trainers established pursuant to Code of Ala. 1975, as amended, § 34-40-3.
(4) Board of Medical Examiners. The State Board of Medical Examiners established pursuant to Code of Ala. 1975, as amended, § 34-24-53.
(5) Emergency Action Plan. A written document which provides guidelines, defines personnel roles, and offers templates for the treatment of a catastrophic injury in a given setting.
(6) Physician Supervision. A formal relationship between an athletic trainer and a licensed physician under which the athletic trainer is authorized to practice as evidenced by a written protocol approved by the State Board of Medical Examiners. Physician supervision requires that there shall at all times be a continuing and close supervisory relationship between the athletic trainer and the physician to whom that athletic trainer is registered. The term does not require direct on-site supervision of the athletic trainer; however, supervision does include the professional oversight and direction required by these rules and by the written guidelines established by the Board of Athletic Trainers and the Board of Medical Examiners.
(7) Protocol. A document approved by the Board of Athletic Trainers and the Board of Medical Examiners establishing the permissible functions and activities that an athletic trainer may perform under the supervision of a physician.
(8) Supervising Physician. A physician licensed by the Medical Licensure Commission of Alabama to whom an athletic trainer is registered and who agrees in writing to supervise one or more athletic trainers pursuant to the rules, regulations, and protocols established by the Board of Medical Examiners and Board of Athletic Trainers.
History
(1) The Advisory Council's primary purpose is to provide a forum for the exchange of information between the Board of Medical Examiners and the Board of Athletic Trainers and for the formulation of recommendations on matters relating to the supervision of athletic trainers by physicians.
(2) The Advisory Council shall consist of the following:
(a) Three (3) physicians appointed by the Board of Medical Examiners. For the initial term, one member shall be appointed to a term concluding on June 30, 2022, one member shall be appointed to a term concluding on June 30, 2023, and one member shall be appointed to a term concluding on June 30, 2024. Thereafter, each appointee shall serve a term of three (3) years.
(b) Three (3) athletic trainers appointed by the Board of Athletic Trainers. For the initial term, one member shall be appointed to a term concluding on June 30, 2022, one member shall be appointed to a term concluding on June 30, 2023, and one member shall be appointed to a term concluding on June 30, 2024. Thereafter, each appointee shall serve a term of three (3) years.
(3) Members of the Advisory Council shall be eligible for reappointment. Should a vacancy occur on the Advisory Council, a successor shall be appointed by the original appointing authority to serve the unexpired term.
(4) The Advisory Council shall select one of its members to serve as chairperson for a term of one year. The office of chair shall alternate between a physician member and an athletic trainer member of the council. The chairperson shall preside over all meetings of the Advisory Council.
(5) Meetings of the Advisory Council shall be considered official functions of the Board of Athletic Trainers and Board of Medical Examiners. Any member of the Board of Athletic Trainers or Board Medical Examiners attending or participating in a meeting of the Advisory Council shall be entitled to their regular compensation as board members, pursuant to Code of Ala. 1975, §§ 34-40-3 and 34-24-54, respectively. Any member of the Advisory Council who is not a member of the Board of Athletic Trainers or Board of Medical Examiners shall receive per diem at a rate of one hundred dollars ($100) per day or any portion thereof that the Advisory Council member is attending an official meeting or function of the Advisory Council. All members of the Advisory Council shall receive reimbursement for subsistence and travel in accordance with state law as provided for state employees. Compensation of the members of the Advisory Council shall be paid by the appointing authority.
(6) The Advisory Council may exercise the following functions and responsibilities:
(a) Recommend model practice protocols to be used by athletic trainers;
(b) Review and/or recommend additions, deletions, or amendments to existing model practice protocols;
(c) Recommend rules establishing the ratio of physicians to athletic trainers;
(d) Review and/or recommend changes to the current rules and regulations governing the physician- athletic trainer relationship; and
(e) Serve in an advisory role regarding issues related to required education, registration, and other matters concerning the physician-athletic trainer relationship.
(7) Notwithstanding any other provision of this Chapter, the Advisory Council shall serve in an advisory capacity only and any recommendation made by the Council shall be subject to approval by both the Board of Athletic Trainers and the Board of Medical Examiners.
History
(1) There shall be a standard general practice protocol, approved by both the Board of Athletic Trainers and the Board of Medical Examiners, which shall set forth the baseline scope of practice, privileges, and permissible skills of all athletic trainers licensed to practice in this state.
(2) There may be a standard specialty practice protocol for each of the following areas of practice for athletic trainers:
(a) Clinic and Hospital Protocol;
(b) Secondary Schools Protocol;
(c) Collegiate/Professional League Protocol; and
(d) Occupational Setting Protocol.
(3) In developing and evaluating the standard general and specialty practice protocols, the Advisory Council shall consider the level of education, training, and experience required of an athletic trainer or physician to safely perform the duties/procedures, the risks associated with the duties/procedures, the effectiveness and necessity of the duties/procedures, and the likelihood of positive patient outcomes.
(4) A physician and an athletic trainer may submit to the Advisory Council requests to deviate from their approved standard practice protocol(s). The Advisory Council may review and evaluate these requests and make a recommendation to the Board of Athletic Trainers and Board of Medical Examiners. The Advisory Council may not grant deviations from protocols, but may only make a non-binding recommendation to the Board of Athletic Trainers and Board of Medical Examiners. Both the Board of Athletic Trainers and the Board of Medical Examiners must approve any request to deviate from the model practice protocol.
(5) Protocols deviating from the standard protocols shall be submitted to the Advisory Council for review and recommendation for approval or denial. When evaluating whether to recommend the approval or denial of a non-standard protocol, the Advisory Council shall consider certain factors, including, but not limited to:
(a) The supervising physician's and athletic trainer(s)'s education, training, experience, and specialty;
(b) The supervising physician's and athletic trainer(s)'s disciplinary history and any licensure restrictions;
(c) Whether a proposed protocol is within the current standard of care for treatment of the disease or condition specified in the protocol, including usages known as "off-label," and whether the use is supported by evidence-based research;
(d) Whether the proposed protocol creates an undue risk of harm to patients; and
(e) The routine scope of practice and services provided by the collaborating physician and the athletic trainer(s).
After consideration of the factors listed herein, the Advisory Council may make a non-binding recommendation of approval or denial of a non-standard protocol in whole or in part.
History
Each athletic trainer shall be licensed by the Board of Athletic Trainers and be registered with a supervising physician prior to engaging in athletic training practice as defined by Code of Ala. 1975, § 34-40-2(4). Registration of an athletic trainer with a supervising physician for the practice of athletic trainingshall be accomplished in the following manner:
(1) A completed application for registration shall be submitted to the Board of Athletic Trainers; and
(2) A detailed protocol(s) which sets forth the anticipated functions and activities of the athletic trainer and is signed by the supervising physician and theathletic trainer shall accompany the application.
(3) The athletic trainer and the supervising physician may be personally interviewed at the discretionof the Board of Athletic Trainers, Board of Medical Examiners, or the Advisory Council.
History
(1) A licensed physician may supervise up to fifteen (15) athletic trainers.
(2) Requests to supervise more than fifteen (15) athletic trainers must be submitted to the Advisory Council and approved in writing by the Board of Athletic Trainers and Board of Medical Examiners. When evaluating whether to recommend the approval or denial of a physician's request to supervise more than fifteen {15} athletic trainers, the Advisory Council shall consider certain factors, including, but not limited to:
(a) The supervising physician's availability;
(b) The parties' disciplinary history and any licensure restrictions;
(c) The parties' practice settings;
(d) The parties' educational preparation, experience, and specialty;
(e) Whether the proposed protocol creates an undue risk of harm to patients; and
(f) The complexity and risk of procedures to be performed.
After consideration of the factors listed herein, the Advisory Council may make a non-binding recommendation of approval or denial of a physician's request to supervise more than fifteen {15} athletic trainers.
(3) A supervising physician shall maintain independent medical judgment related to the practice of medicine at all times, irrespective of employment structure or business model.
History
The physician to whom an athletic trainer is registered shall:
(1) Possess a current, unrestricted license to practice medicine in the State of Alabama;
(2) Be willing to accept responsibility for the athletic trainer's practice; and
(3) On the date of the application, have satisfied one of the following experience requirements:
(a) Have practiced medicine for at least three years, excluding any practice in an internship, residency, fellowship, or other supervised training program;
(b) Have practiced medicine for at least one year, excluding any practice in an internship, residency, fellowship, or other supervised training program, and certified by one or more of the specialty boards recognized by the American Board of Medical Specialties or the American Osteopathic Association; or
(c) Have completed a fellowship accredited by the Accreditation Council for Graduate Medical Education (ACGME) in Sports Medicine.
History
(1) Physician supervision requires, at all times, a continuing and close supervisory relationship between an athletic trainer and the supervising physician.
(2) There shall be no independent, unsupervised, or unregistered practice by an athletic trainer.
(3) The supervising physician shall be readily available for communication either direct or by telephone or telecommunication.
(4) The supervising physician shall be available for consultation or referrals of patients from the athletic trainer.
(5) An athletic trainer and their supervising physician shall meet at least once each calendar year to review emergency action plan{s).
(6) In the event of an unanticipated, permanent absence of a supervising physician, another licensed physician who satisfies the requirements set forth in this Chapter may be designated as an athletic trainer's interim supervising physician for a period of up to ninety (90) days. During the ninety (90) daytime period, a new registration designating a new supervising physician should be submitted for approval.
(7) A supervising physician shall maintain independent medical judgment related to the practice of medicine at all times, irrespective of employment structure or business model.
History
(1) The commission of any act by an athletic trainer which would constitute a violation of Code of Ala. 1975, § 34-40-10 or any rule of the Board of Athletic Trainers.
(2) The commission of any act by a supervising physician which would constitute a violation of Code of Ala. 1975, § 34-24-360 or any rule of the Board of Medical Examiners or the Medical Licensure Commission of Alabama.
(3) The physician to whom the athletic trainer is registered has permitted or required the athletic trainer to perform or to attempt to perform tasks which are beyond the athletic trainer's competence or which are not authorized in the protocol(s) approved by the Board of Athletic Trainers and the Board of Medical Examiners.
(4) Refusal by the athletic trainer or the supervising physician to appear before the Board of Athletic Trainers, the Board of Medical Examiners, or the Advisory Council, after having been formally requested to do so in writing.
(5) The supervising physician's license to practice medicine has been revoked, suspended, restricted, or disciplined in any manner.
(6) The athletic trainer's license has been revoked, suspended, restricted, or disciplined in any manner.
(7) Failure of a supervising physician to maintain or produce for inspection upon request by the Board of Medical Examiners any documentation required to be maintained by the supervising physician.
(8) Failure of an athletic trainer to maintain or produce for inspection upon request by the Board of Athletic Trainers any documentation required to be maintained by the athletic trainer.
History
An athletic trainer who has a registration denied by either the Board of Athletic Trainers, the Board of Medical Examiners, or both may petition the denying board(s) for reconsideration of the registration. Any petition must be filed within thirty {30) days of denial of the registration. Upon receipt of the petition, the denying board(s) shall approve the registration or set a hearing thereon. All hearings under this rule shall be conducted in accordance with the Code of Ala. 1975, §§ 41-22-1, et. seq.
History
(1) The athletic trainer shall immediately inform the Board of Athletic Trainers in writing of the effective date of the termination of any physician supervision.
(2) Failure to timely notify the Board of Athletic Trainers of termination may be considered a violation of these rules and regulations for the purpose of approval of future applications for registration.
(3) A supervising physician may terminate his or her supervision of an athletic trainer by notifying the Board of Athletic Trainers.
History
The commission by an athletic trainer or a supervising physician of any act, offense, or condition set forth in Rule 540-X-28-.08 shall be grounds, within the discretion of the Board of Athletic Trainers or the Board of Medical Examiners, to terminate the registration of an athletic trainer to engage in athletic training practice under the supervision of a physician.
History
An athletic trainer may obtain temporary approval of a registration with a supervising physician after confirmed receipt by the Board of Athletic Trainers of a registration application and may continue in temporary practice until such time as the pending application for registration is approved or denied, provided the supervising physician meets the qualifications established in these rules. Under a temporarily approved registration, an athletic trainer shall only be permitted to practice pursuant to a standard general protocol.
History
The Board of Athletic Trainers shall, not less than quarterly, prepare and submit a report to the Board of Medical Examiners detailing any applications for registration, protocols, amendments thereto, or terminations received under this Chapter, along with a report of any actions taken by the Board of Athletic Trainers on these items.
History
All athletic trainers and supervising physicians shall be in full compliance with the provisions of this Chapter no later than January 1, 2023.
History
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History
Filing a Complaint
Complaints are only accepted in writing on the Alabama Board of Athletic Trainers official complaint form.
Anonymous or oral complaints are not accepted.
Individuals may make an inquiry about filing a complaint to the Executive Secretary via phone, mail, email, or fax.
If the individual decides to make a formal complaint, the Executive Secretary will provide the individual an official complaint form.
After receiving the complaint form, the individual fills it out, signs and has it notarized, and mails it back to the Executive Secretary.
Procedures after Receipt of the Complaint
The Executive Secretary shall date-stamp the complaint form upon receipt.
The Executive Secretary shall ascertain whether or not the individual named in the complaint is currently licensed by the Board.
The Executive Secretary shall inform the complainant in writing if the individual is not licensed, thus falling outside the Board's jurisdiction.
The Executive Secretary shall assign a number to the complaint if verified to be a valid licensee. The number shall begin with the year the complaint is filed.
The Executive Secretary will forward the complaint form to the Board Vice-Chairman, who serves as the Chairman of the Professional Practice and Disciplinary Committee (PP&D).
The Chairman of the PP&D Committee shall activate and instruct the PP&D Committee to commence investigation of the complaint.
The PP&D Committee shall review the initial complaint to determine whether a licensee violated a statutory rule or administrative regulation.
If a complaint falls within the Board's jurisdiction, notice will be sent to the complainant that the PP&D Committee has been activated.
If the initial complaint states a cause of action, the PP&D Committee shall then notify the licensee that an initial complaint has been filed against him / her. This shall be done by sending the licensee a copy of the initial complaint and a certified letter describing the disciplinary process, including dates by which the licensee must respond.
After the licensee has responded, the PP&D Committee reviews the licensee's response and makes a formal recommendation to the Board.
Recommendation to the Board / Action by the Board
The PP&D Committee makes a formal recommendation to the Board by giving a brief description of their findings without revealing the identity of the accused licensee.
The recommendation concludes by stating one of the following:
The PP&D Committee recommends the Board take no disciplinary action.
The PP&D Committee recommends the Board take disciplinary action which may include paying a fine, license suspension, or license revocation.
The PP&D Committee recommends the Board settle the matter by having the licensee make a required corrective action.
After the recommendation concludes, the Board may then hold discussion and vote on whether it will accept, reject, or modify the PP&D Committee's recommendation.
If the Board votes to take no action, the initial complaint file is closed and a letter is sent to the licensee and the complainant stating that the initial complaint file has been closed.
If the Board decides to take disciplinary action, the Board initiates formal disciplinary procedures by filing an administrative complaint.
Administrative Complaint Procedure
The Board shall draft an administrative complaint stating specific findings and citing specific rules or regulations that were violated by the licensee.
The administrative complaint is filed by the Executive Secretary with an administrative law judge.
The administrative law judge administers the complaint until a final hearing is held.
At the hearing, an administrative law judge administers the hearing, and any Board members that did not review the initial complaint hear evidence and decide if disciplinary action is warranted.
Reasons for Rejection, Revocation, or Suspension of License
The reasons for rejection, revocation, or suspension of license as set forth in the Alabama Athletic Trainers Licensure Act, Code of Alabama Section 34-40-10, are examples of prohibited acts for which the Board may reject, revoke, or suspend a license, but are not an all inclusive or exhaustive list of such prohibited acts.
The Board may refuse to issue a license certificate to any person and, after notice and hearing pursuant to its regulation and rules, may suspend or revoke the license certificate of any person who has committed any of the following prohibited acts:
A. Practicing athletic training other than under the direction or referral, or both, of a physician licensed in the State of Alabama to practice medicine or surgery.
B. Practicing athletic training without a current and valid license, including a revoked or suspended license.
C. Obtaining or attempting to obtain a license by fraud or deception.
D. Renewing or attempting to renew a license by fraud or deception.
E. Using mind altering substances to an extent which affects professional competency. These substances include prescription medications, alcohol, illegal drugs, and any other mind-altering chemicals.
F. Being adjudged mentally incompetent by a court of competent jurisdiction.
G. Being grossly negligent in the practice of athletic training and failing to practice athletic training with a level of skill which is recognized by a reasonably prudent athletic trainer as being acceptable under similar circumstances and conditions.
H. Being guilty of conduct detrimental to the best interest of the public, including violation of any state or federal controlled substance law.
I. Practicing athletic training outside of the scope of practice as defined in the Alabama Athletic Trainers Licensure Act, Code of Alabama Section 34-40-2(5), including treating or undertaking to treat human ailments otherwise than by athletic training and according to standards established by the Board.
J. Advertising unethically according to standards set by the Board.
K. Failing or refusing to obey any lawful order or regulation of the Board.
L. Unlawful invasion of the field of practice of any other profession.
History
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