N.D. Admin. Code Title 106 — Board of Athletic Trainers

Article 106-01 General Administration

Chapter 106-01-01 Organization of the Board

N.D. Admin. Code 106-01-01-01 Organization of the board of athletic trainers

1.History and function. The 1983 legislative assembly passed legislation to license athletic trainers, codified as North Dakota Century Code chapter 43-39. That chapter requires the governor to appoint a board of athletic trainers. It is the responsibility of that board to license and regulate athletic trainers within the state of North Dakota.

2.Purpose. The purpose of the board's rules is to safeguard the public's health, safety, and welfare, by establishing minimum qualifications and creating exclusive titles corresponding to the level of qualifications for individuals who wish to offer athletic trainer services to the public.

Further, in order to ensure the highest degree of professional conduct by those engaged in offering athletic trainer services to the public, it is the purpose of these rules to provide for and impose disciplinary sanctions, be they civil or criminal, against persons who do not meet or adhere to the procedures, qualifications, and standards set out in North Dakota Century Code

chapter 43-39 or in this title.

3.Board membership. The board consists of five members appointed by the governor. One member is a licensed physician, three members are licensed athletic trainers, and one member is a representative of the general public and may not be licensed in any health care field. Members serve staggered terms of four years. No member may serve more than two successive four-year terms on the board.

4.Officers. The board each year elects one of its members as chairman and one of its members as secretary-treasurer.

5.Inquiries. Inquiries regarding board activities may be addressed to:

North Dakota Board of Athletic Trainers P.O. Box 5545 Fargo, ND 58105-5545

History

• History: Effective April 1, 2002; amended effective July 1, 2022.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 43-39-02

Chapter 106-01-02 Definitions [Repealed]

N.D. Admin. Code 106-01-02 Definitions [Repealed]

CHAPTER 106-01-02

DEFINITIONS [Repealed effective July 1, 2022.]

Article 106-02 Licensure

Chapter 106-02-01 Initial Licensure and Renewals

N.D. Admin. Code 106-02-01-01 Initial licensure

To apply for initial licensure, an applicant:

1.Must meet all requirements of certification established by the board of certification, incorporated;

2.Must submit an application along with the application fee and initial license fee provided in

section 106-02-01-05; and

3.Must meet with the approval of the board.

History

• Law Implemented: NDCC 43-39-05, 43-39-06, 43-39-08

N.D. Admin. Code 106-02-01-02 Reciprocity

A person who holds a current license as an athletic trainer in another jurisdiction and who is in good standing in that jurisdiction may apply to receive a license from the board if the person satisfies the requirements for initial licensure.

History

• History: Effective April 1, 2002.
• Law Implemented: NDCC 43-39-06

N.D. Admin. Code 106-02-01-03 License renewal

1.Licenses issued by the board expire on June thirtieth of each year. Renewal notice will be sent no later than May fifteenth of each year. A renewal application will be considered timely if received before July first and if the application is accompanied by the proper fee.

2.This section does not relieve any person from criminal prosecution for practicing athletic training without a license as required by North Dakota Century Code chapter 43-39. Once a license has lapsed, the person who held the license may not practice athletic training until the license is renewed or until a new license is issued.

3.Any person who fails to renew a lapsed license within one year must reapply for a new license.

History

• Law Implemented: NDCC 43-39-07, 43-39-09

N.D. Admin. Code 106-02-01-04 Continuing education

Repealed effective July 1, 2022.

N.D. Admin. Code 106-02-01-05 Fees

The board charges the following fees:

1.For applications for initial licensure, one hundred dollars.

2.For a timely renewal of a current annual license, fifty dollars.

3.For renewal of an annual license which has expired within the last year, one hundred dollars.

History

• Law Implemented: NDCC 43-39-02, 43-39-06

Article 106-03 Practice of Athletic Training

Chapter 106-03-01 Athletic Training Practice

N.D. Admin. Code 106-03-01-01 Posting licenses

A person who is licensed by the board shall display the license at the location of the licensee's principal place of employment.

History

• Law Implemented: NDCC 43-39-02

N.D. Admin. Code 106-03-01-02 Use of titles and abbreviated titles

A person licensed by the board may use the title "licensed athletic trainer" and the abbreviation "LAT".

History

• Law Implemented: NDCC 43-39-02, 43-39-04

N.D. Admin. Code 106-03-01-03 Complaints

All complaints will be investigated and evaluated by the board. Complaints must be in writing and sent to the board. A complaint must state, at a minimum, the name or names of the person against whom the complaint is made and a brief explanation of the complaint. The complaint must be dated and signed by the person making the complaint. The board may also investigate a complaint on its own motion. Following an investigation, the board may file a complaint against a licensee under North Dakota Century Code chapter 28-32.

History

• Law Implemented: NDCC 43-39-02

N.D. Admin. Code 106-03-01-04 Grounds for discipline

In addition to the causes for disciplinary action in North Dakota Century Code section 43-39-10, the board may take disciplinary action against an applicant or licensee if the applicant or licensee:

1.Is unfit or incompetent by reason of gross ignorance, negligence, habits, or other causes of incompetency;

2.Is knowingly practicing while suffering from a contagious or infectious disease without taking sufficient precautions;

3.Is in violation of any of the applicable provisions of the code for professional practice of the national athletic trainers association, incorporated;

4.Is guilty of dishonest or unethical conduct;

5.Has practiced athletic training without a valid license; or

6.Has violated or aided or abetted others in violation of any provision of state law or this title.

History

• History: Effective April 1, 2002.
• Law Implemented: NDCC 43-39-02, 43-39-10

N.D. Admin. Code 106-03-01-05 Disciplinary actions

The disciplinary actions which may be taken by the board include:

1.Revocation of a license;

2.Suspension of a license, for any period of time;

3.Placing restrictions on the practice of a licensee;

4.Issuing a letter of reprimand to a licensee;

5.Placing a licensee on probationary status, which may include any of the following conditions:

a.Regular reports to the board upon matters that are the basis of probation;

b.Additional continuing education units until a satisfactory degree of skill has been attained in those areas that are the basis of probation; or

c.Such other reasonable requirements or restrictions as are proper.

6.Refusing to renew a license;

7.Revoking probation that has been granted and imposing any other disciplinary action in this subsection when the requirements of probation have not been fulfilled or have been violated; or

8.Denying an application for a license.

History

• Law Implemented: NDCC 43-39-02, 43-39-10

N.D. Admin. Code 106-03-01-06 Notice of name or address change

Applications for an initial license or renewal of a license must contain the current name and address of the applicant. If, for any reason, a change of name or address occurs, the applicant or licensee shall notify the board within thirty days of such change.

History

• Law Implemented: NDCC 43-39-02, 43-39-09