N.H. Code Admin. R. Ann. Ath — Governing Board of Athletic Trainers (See also Ahp.)

Chapter Ath 100 Organizational Rules

Part Ath 101 Purpose and Scope

N.H. Code Admin. R. Ann. Ath 101.01 Purpose. {#sec-ath-101.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 101.01}

These rules implement the statutory responsibilities of the governing board of athletic trainers pursuant to RSA 326-G.

History

#8345, eff 5-7-05; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 101.02 Scope {#sec-ath-101.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 101.02}

Pursuant to RSA 326-G:2, these rules shall not apply to athletic training when it consists in:

(a) Self-care by a patient;

(b) First aid by a coach;

(d) The activities of athletic training students acting under the direction of an athletic trainer licensed, certified or registered in any state, provided that the students are designated by a title which clearly indicates their student status; or

(e) The activities of non-resident athletic trainers currently licensed, certified, or registered in any state or Canada, or currently certified by the “Board of Certification, Inc. (BOC)”, when these activities are performed during a temporary visit in this state as set forth in Ath 304.

History

#8345, eff 5-7-05; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

Part Ath 102 Definitions

N.H. Code Admin. R. Ann. Ath 102.01 Athletic trainer {#sec-ath-102.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.01}

"Athletic trainer" means "athletic trainer" as defined in RSA 326-G:1, II, namely, "a person licensed under this chapter to practice athletic training."

History

#8345, eff 5-7-05; ss by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 102.02 Athletic training {#sec-ath-102.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.02}

"Athletic training" means "athletic training" as defined in RSA 326-G:1, III, namely, "the practice, with respect to injuries or conditions incurred by participants in organized or recreational sports, of:

(a) Prevention;

(b) Assessment and evaluation;

(d) Rehabilitation and reconditioning; and

(e) Education, counseling and program administration,

Provided such care is within the professional preparation and education of athletic trainers and under the direction of a physician licensed in any state or in Canada."

History

#8345, eff 5-7-05; ss by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 102.03 Board {#sec-ath-102.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.03}

"Board" means "board" as defined in RSA 326-G:1, I, namely, "the governing board of athletic trainers established in RSA 328-F."

History

#8345, eff 5-7-05; ss by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 102.04 Organization Rules {#sec-ath-102.04 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.04}

RESERVED

History

#8345, eff 5-7-05; ss by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); rsvd by #14373

N.H. Code Admin. R. Ann. Ath 102.05 Direction of a physician {#sec-ath-102.05 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.05}

"Direction of a physician" means contact or interaction with a licensed physician during athletic training including but not limited to:

(a) On-site contact or interaction;

(b) Voice communications;

(d) Standing orders.

History

#8345, eff 5-7-05; ss by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 102.06 National Athletic Trainers Association Board of Certification, Inc. (NATABOC) {#sec-ath-102.06 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.06}

"National Athletic Trainers Association Board of Certification, Inc. (NATABOC)" means the national professional organization for athletic training which administers a national examination and issues a national certification to qualifying individuals.

History

#8345, eff 5-7-05; ss by #9872, eff 2-24-11 (from Ath 102.05); ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 102.07 Organization Rules {#sec-ath-102.07 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.07}

RESERVED

History

#9872, eff 2-24-11 (from Ath 102.06); ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); rsvd by #14373

N.H. Code Admin. R. Ann. Ath 102.08 Physician {#sec-ath-102.08 omnilex-key=us-nh-regs-official--agency-ath--Ath 102.08}

"Physician" means a doctor of medicine or a doctor of osteopathy who holds a current license to practice from any state or in Canada.

History

#9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

Part Ath 103 Description of the Board and Board Meetings

N.H. Code Admin. R. Ann. Ath 103.01 Composition of the Board. {#sec-ath-103.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 103.01}

Pursuant to RSA 328-F:4, IV the board shall consist of 3 currently and fully licensed athletic trainers who have actively engaged in the practice of athletic training in this state for at least 3 years, one physician educated in the current practice of sports medicine, and one public member.

History

#8345, eff 5-7-05; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 103.02 Organization Rules {#sec-ath-103.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 103.02}

RESERVED

History

#8345, eff 5-7-05; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); rsvd by #14373

N.H. Code Admin. R. Ann. Ath 103.03 Responsibilities of the Board {#sec-ath-103.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 103.03}

The board's responsibilities include:

(a) Establishing the eligibility requirements for initial licensure pursuant to RSA 328-F:11, I(a);

(b) Establishing the eligibility requirements for license renewal, including any continuing competency requirements, and any requirements for education, clinical experience, and training pursuant to RSA 328-F:11(b); and

History

#8345, eff 5-7-05; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 103.04 Board Meetings and Quorum {#sec-ath-103.04 omnilex-key=us-nh-regs-official--agency-ath--Ath 103.04}

(a) The board shall meet at least quarterly; and

(b) A majority of the board’s members shall constitute a quorum.

History

#8345, eff 5-7-05; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 103.05 Attendance at Meetings By Members of the Public {#sec-ath-103.05 omnilex-key=us-nh-regs-official--agency-ath--Ath 103.05}

Pursuant to RSA 91-A:2, II, members of the public shall have the right to attend and record board meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3.

History

#8345, eff 5-7-05; ss by #12946, eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss by #14373, eff 9-19-25

N.H. Code Admin. R. Ann. Ath 103.06 Organization Rules {#sec-ath-103.06 omnilex-key=us-nh-regs-official--agency-ath--Ath 103.06}

RESERVED

History

(See Revision Note at chapter heading for Ath 100) #12946, eff 12-20-19; rsvd by #14373

Chapter Ath 200 Procedural Rules

Part Ath 201 Applicability of Plc 200

N.H. Code Admin. R. Ann. Ath 201.01 Rules of Practice and Procedures {#sec-ath-201.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 201.01}

The Plc 200 rules shall govern with regards to all procedures for:

(a) The receipt and investigation of misconduct complaints;

(b) The conduct of adjudicative and non-adjudicative proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) Explanation of adopted rules;

(g) Voluntary surrender of licenses; and

(h) Waivers.

History

(See Revision Note at chapter heading for Ath 200) #12946, eff 12-20-19; ss by #14097, eff 10-18-24

Part Ath 217 Reserved

N.H. Code Admin. R. Ann. Ath 217.01 Organization Rules {#sec-ath-217.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 217.01}

– Ath 217.02

Part Ath 218 Voluntary Surrender of License

N.H. Code Admin. R. Ann. Ath 218.01 Procedures for, and Effect of, Voluntary Surrender of License {#sec-ath-218.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 218.01}

History

#8347, eff 5-7-05; moved by #10228 (see Ath 405.01)

Chapter Ath 300 Requirements for Licensure

Part Ath 218 Voluntary Surrender of License

N.H. Code Admin. R. Ann. Ath 302.02 Organization Rules {#sec-ath-302.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 302.02}

titled “Multipart Application Form”

N.H. Code Admin. R. Ann. Ath 302.03 Organization Rules {#sec-ath-302.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 302.03}

titled “Effect of Notarized Signature”

The repeals necessitated the renumbering of Ath 302.04 as Ath 302.02 as noted in the source note for Ath 302.02, which contains the filing information for the former Ath 302.04. Source notes for the rules readopted, readopted with amendment, or readopted with amendment and renumbered in Document #13129 indicate “ss by #13129”.

The prior filings affecting the repealed Ath 302.02 included the following documents:

#8384, eff 6-22-05

#9098, eff 3-1-08

#9837, eff 12-21-10

#10503, eff 1-7-14

#10921, eff 8-29-15

The prior filings affecting the repealed Ath 302.03 included the following documents:

#8384, eff 6-22-05

#10227, eff 11-16-12

Document #10503, effective 1-7-14, had also repealed Ath 302.05 titled “Letters of Reference” and reserved the number, which is now discontinued after the filing of Document #13129. The prior filings affecting the repealed Ath 302.05 included the following documents:

#8384, eff 6-22-05

#9837, eff 12-21-10

Part Ath 301 Definitions

N.H. Code Admin. R. Ann. Ath 301.01 National Athletic Trainers Association Board of Certification, Inc. (NATABOC) {#sec-ath-301.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 301.01}

History

#8384, eff 6-22-05; ss by #9098, eff 3-1-08; ss by #10841, eff 5-30-15; ss by #13129, eff 10-30-20 (see Revision Note at chapter heading for Ath 300)

Part Ath 302 Application Procedure

N.H. Code Admin. R. Ann. Ath 302.01 Processing of Applications {#sec-ath-302.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 302.01}

(a) Applicants who wish to apply for initial licensure as an athletic trainer shall do so by submitting or arranging for the submission of, each of the following components of the application packet:

(1) The application form specified in Ahp 601.01;

(2) The required documents specified by Ath 302.02;

(3) The non-refundable application processing fee specified by Ahp 301.02(a); and

(4) The initial license fee specified by Ahp 301.02(a).

(b) If the board, after receiving and reviewing a completed application packet complying with Ath 302.01, requires further information or documents to determine the applicant's qualification for licensure, the board shall:

(1) So notify the applicant in writing within 30 days; and

(2) Specify the information or documents it requires.

(1) The completed application packet described in (a) above; and

(2) Any additional information or documents which may have been requested pursuant to (b) above.

(d) The application shall be denied if the application packet is not complete within 38 weeks of the receipt by the board of the application-form part of the application packet.

(e) The board shall issue written approval or denial of an application within 60 days of the date that the application packet is complete.

(f) The board shall refund the license fee, but not the application processing fee, if:

(1) The applicant withdraws the application;

(2) The application packet is not completed within 38 weeks of receipt by the board of the application-form part of the application packet; or

(3) The board denies the application.

(g) Any applicant wishing to challenge the board's denial of an application for initial licensure shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 60 days of the board’s notification of denial; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

History

#8384, eff 6-22-05; ss by #9837, eff 12-21-10; ss by #12068, eff 12-21-16; ss by #13129, eff 10-30-20

N.H. Code Admin. R. Ann. Ath 302.02 Required Documents {#sec-ath-302.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 302.02}

Applicants for initial licensure as an athletic trainer shall provide, or arrange for the board to receive, the following documents supporting their applications:

(a) A passport size, 2" x 2", original head-shot photograph taken within the immediately preceding 6 months;

(b) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions from the application form specified in Ahp 601.01 are in the affirmative;

(c) Unless the information sought is available only on a website, an official letter of verification, issued within 6 months of the date the application was submitted, sent directly to the board from every jurisdiction which has issued a license or other authorization to practice stating whether:

(1) The license or other authorization is or was, during its period of validity, in good standing, and

(2) Whether any disciplinary action was taken against the license or other authorization to practice;

(d) Official transcripts showing all post-secondary education:

(1) Mailed directly to the board by the issuing institution(s); or

(2) Submitted by the applicant in one or more envelope(s) sealed by the institution(s) in such a manner that it would be evident to the board if the envelope(s) had been opened;

(e) A resume presenting a chronologically organized account of paid and volunteer work as an athletic trainer performed since first NATABOC certification including:

(1) The period of each separate experience described by its beginning and ending dates; and

(2) The physical address of each experience.

(f) A letter sent directly to the board by NATABOC verifying the applicant's current NATABOC certification and the date of expiration of the certificate; and

(g) Either:

(1) A criminal history records check form and fingerprint card, seeking both a New Hampshire and a federal records check, in accordance with the procedure specified by the NH department of safety at Saf-C 5700, Operation of the Central Repository: Criminal Records, with the required fee;

a. If the federal criminal history records check shows the existence of a criminal record in another state, the applicant shall obtain a detailed criminal record check directly from that state and provide it to the board; or

(2) An original, not a photocopy, of a criminal offender record report:

a. Issued by each state where the applicant has resided or been licensed within the past 6 years, provided that such state(s) will.

Send the report to the board; or
To the applicant for forwarding to the board;

b. Covering the applicant under his or her name and any aliases; and

c. Dated within the 6 months of the submission of the application.

History

#8384, eff 6-22-05; ss by #9098, eff 3-1-08; ss by #9837, eff 12-21-10; ss by #10503, eff 1-7-14; ss by #13129, eff 10-30-20 (formerly Ath 302.04) (see Revision Note at chapter heading for Ath 300)

N.H. Code Admin. R. Ann. Ath 302.03 Organization Rules {#sec-ath-302.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 302.03}

RESERVED

History

#8384, eff 6-22-05; ss by #9837, eff 12-21-10; rpld by #10503, eff 1-7-14)

Part Ath 303 Qualifications for Licensure

N.H. Code Admin. R. Ann. Ath 303.01 Eligibility Requirements {#sec-ath-303.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 303.01}

Eligibility requirements for licensure shall be:

(a) An academic degree which is at least a bachelor's degree;

(b) Based on the board’s determination pursuant to RSA 332-G:7 that no military experience is applicable to the practice of athletic training, military experience shall not be considered when determining whether an applicant meets the requirements for licensure.

(d) Good professional character and reliability as evidenced by:

(1) The answers to the questions from the application form specified in Ahp 601.01;

(2) Any reports related to such answers submitted pursuant to Ath 302.02(b) or pursuant to Ath 302.02(c); and

(3) The criminal offender record report(s) required by Ath 302.02(h).

History

#8384, eff 6-22-05; ss by #9098, eff 3-1-08; ss by #9837, eff 12-21-10; ss by #10503, eff 1-7-14; amd by #10921, eff 8-29-15; ss by #13129, eff 10-30-20 (see Revision Note at chapter heading for Ath 300)

Part Ath 304 Exemption from Licensure for Practitioners on Temporary Visits in the State

N.H. Code Admin. R. Ann. Ath 304.01 Exempt Practice {#sec-ath-304.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 304.01}

(a) No license shall be required for a non-resident to practice temporarily as an athletic trainer for an out-of-state sports team when:

(1) The practitioner is currently licensed, certified or registered to practice in any state or Canada or is currently certified by NATABOC;

(2) The practitioner is under contract to, or employed by, the out-of-state sports team or its sponsor; and

(3) The practice does not exceed 6 consecutive or non-consecutive weeks in any calendar year.

(b) No license shall be required for a non-resident to practice temporarily as an athletic trainer for a tournament, independent camp or clinic not part of an established institution, facility, or school, or summer camp located in this state when:

(1) The practitioner is currently licensed, certified or registered to practice in any state or Canada or is currently certified by NATABOC; and

(2) The practice does not exceed 42 consecutive or non-consecutive days in any calendar year.

(c) An athletic trainer intending to practice pursuant to (b) above for more than 10 days in a calendar year shall, before beginning practice, submit the following information in a letter to the board:

(1) The practitioner's name;

(2) The practitioner's business address and business telephone number, or home address and home telephone number if the practitioner has no business address and business telephone number;

(3) The name and business address of the program for which the practitioner intends to practice; and

(4) The beginning and ending dates of the period(s) during which the practitioner intends to practice.

(d) An athletic trainer required to send the letter described in (c) above shall enclose in the letter a photocopy of his or her:

(1) Current out-of-state or Canadian license, certification or registration; or

(2) Current NATABOC certificate.

History

#8384, eff 6-22-05; ss by #10227, eff 11-16-12; ss by #13129, eff 10-30-20 (see Revision Note at chapter heading for Ath 300

Chapter Ath 400 Continued Status

Part Ath 304 Exemption from Licensure for Practitioners on Temporary Visits in the State

N.H. Code Admin. R. Ann. Ath 402.01 Organization Rules {#sec-ath-402.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.01}

titled “Procedures for Licensees Who Do Not Wish to Renew Their Licenses.”

N.H. Code Admin. R. Ann. Ath 402.04 Organization Rules {#sec-ath-402.04 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.04}

titled “Multipart Licensure Renewal Application Form.”

N.H. Code Admin. R. Ann. Ath 402.05 Organization Rules {#sec-ath-402.05 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.05}

titled “Effect of the Renewal Applicant’s Signature.”

N.H. Code Admin. R. Ann. Ath 404.05 Organization Rules {#sec-ath-404.05 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.05}

titled “Revocation of a License.”

The repeals in Part Ath 402 necessitated the renumbering of Ath 402.02, Ath 402.03, Ath 402.06, Ath 402.07, and Ath 402.08 as, respectively, Ath 402.01, Ath 402.02, Ath 402.03, Ath 402.04, and Ath 402.05, which were also readopted with amendments. The repeal of Ath 404.05 necessitated the renumbering of Ath 404.06, Ath 404.07, and Ath 404.08 as, respectively, Ath 404.05, Ath 404.06, and Ath 404.07, but these rules were not readopted by Document #13307. Source notes for the rules readopted with amendment and renumbered, or simply renumbered, indicate the former rule number.

The prior filings affecting the repealed Ath 402.01, Ath 402.05, and Ath 404.05 included the following documents:

#9099, eff 3-1-08

#10921, eff 8-29-15

The prior filings affecting the repealed Ath 402.04 included the following documents:

#9099, eff 3-1-08

#9855-B, eff 1-25-11

#9976, eff 8-20-11

#10228, eff 11-16-12

#10498, eff 12-31-13

#10921, eff 8-29-15

Part Ath 401 Definitions

N.H. Code Admin. R. Ann. Ath 401.01 Organization Rules {#sec-ath-401.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 401.01}

RESERVED

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15

N.H. Code Admin. R. Ann. Ath 401.02 Organization Rules {#sec-ath-401.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 401.02}

RESERVED

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15

Part Ath 402 Procedures for Renewing a License and Indicating a Decision Not to Renew

N.H. Code Admin. R. Ann. Ath 402.01 License Renewal Procedure {#sec-ath-402.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.01}

(a) As provided in RSA 310:8, II, all licenses shall expire 2 years from the date the license was issued. The filing of a timely and complete application for license renewal by an eligible applicant shall continue the validity of the license being renewed until final action has been taken on the renewal application.

(b) As provided in RSA 310:8, III:

(1) Applicants shall submit completed applications for renewal, the application-related fees for renewal, and any supporting documents required for that renewal on or before the expiration date of the license to the licensing bureau of the office of professional licensure and certification (OPLC);

(2) A license shall expire if a completed renewal application, application-related fees for renewal, and supporting documents have not been filed on or before the expiration date of the license; and

(3) The holder of an expired license shall not be authorized to practice unless and until the license has been reinstated or reobtained in accordance with Plc 312.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.02) (see Revision Note at chapter heading for Ath 400); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 402.02 License Renewal Application Packet {#sec-ath-402.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.02}

Applicants for license renewal shall submit to the OPLC:

(a) The information required by Plc 308.06 on the “Universal Application for License Renewal”, dated April 2024, as described in Plc 308.05, that contains the information specified in Plc 308.06, the information and documentation required in Plc 308.07, and that is signed and attested to as required in Plc 308.08;

(b) An attestation or proof of having met applicable continuing competence requirements, as required by applicable law;

(d) The application-related fees for renewal required by Plc 1002.06, except that applicants applying for facilitated licensure as active military or a military spouse shall not pay the fee.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.03) (see Revision Note at chapter heading for Ath 400); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 402.03 Organization Rules {#sec-ath-402.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.03}

RESERVED

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.06) (see Revision Note at chapter heading for Ath 400)

N.H. Code Admin. R. Ann. Ath 402.04 Organization Rules {#sec-ath-402.04 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.04}

RESERVED

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.07) (see Revision Note at chapter heading for Ath 400)

N.H. Code Admin. R. Ann. Ath 402.05 Organization Rules {#sec-ath-402.05 omnilex-key=us-nh-regs-official--agency-ath--Ath 402.05}

RESERVED

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.08) (see Revision Note at chapter heading for Ath 400)

Part Ath 403 Reinstatement of Licenses

N.H. Code Admin. R. Ann. Ath 403.01 Obtaining a License After Expiration, Suspension, or Revocation. {#sec-ath-403.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 403.01}

(a) To request reinstatement of an expired license not more than one year after the license expired, the applicant shall complete the process for renewing a license pursuant to Plc 308 and demonstrate compliance with Plc 312.02.

(b) An individual whose license has been expired more than one year who wishes to obtain a license shall apply for initial licensure pursuant to Plc 304 and demonstrate compliance with Plc 312.03.

(c) Any license that has been suspended shall be subject to reinstatement within 30 days of the end of the specified suspension term or within one year of expiration of the suspended license, whichever is later. Plc 312.04 shall govern the reinstatement of suspended licenses.

(d) Plc 312.05 shall govern the application process for any person whose license has been revoked who wishes to practice in New Hampshire.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #13307, eff 12-17-21 (see Revision Note at chapter heading for Ath 400); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 403.02 Organization Rules {#sec-ath-403.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 403.02}

RESERVED

History

#9099, eff 3-1-08; ss by #9855-A, eff 1-25-11; ss by #10498, eff 12-31-13; ss by #13307, eff 12-17-21 (see Revision Note at chapter heading for Ath 400)

N.H. Code Admin. R. Ann. Ath 403.03 Organization Rules {#sec-ath-403.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 403.03}

RESERVED

History

#10921, eff 8-29-15; ss by #13307, eff 12-17-21 (see Revision Note at chapter heading for Ath 400)

N.H. Code Admin. R. Ann. Ath 403.04 Organization Rules {#sec-ath-403.04 omnilex-key=us-nh-regs-official--agency-ath--Ath 403.04}

RESERVED

History

#9099, eff 3-1-08; ss by #9855-A, eff 1-25-11; ss by #10498, eff 12-31-13; ss by #10921, eff 8-29-15 (from Ath 403.03)

Part Ath 404 Revocation, Suspension and Other Sanctions

N.H. Code Admin. R. Ann. Ath 404.01 Definitions {#sec-ath-404.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.01}

"Sexual misconduct" means engaging in one or more of the following activities with respect to a current client who is not a spouse or domestic partner:

(a) Engaging in sexual relations, whether consensual or non-consensual;

(b) Making verbal or physical sexual advances;

(d) Requesting sexual favors; or

(e) Engaging in physical contact of a sexual nature.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 404.02 Misconduct {#sec-ath-404.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.02}

Misconduct shall be:

(a) Knowingly, recklessly, or negligently providing inaccurate material information to the OPLC or board or failing to provide complete and truthful material information upon inquiry by the OPLC or board, including during the process of applying for a license, license renewal, or license reinstatement;

(b) Conviction without annulment in any jurisdiction of any criminal offense which:

(1) Constitutes a sexual offense;

(2) Constitutes a violation of controlled substance law; or

(3) Involves:

a. Injury to a victim;

b. The risk of such injury; or

c. Dishonesty;

(d) Violating Ath 500;

(e) Engaging in sexual misconduct with, or sexual harassment of, a client;

(f) Engaging in the practice of athletic training despite actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs or any other material, or by reason of mental or physical condition;

(g) Being subject to final disciplinary action by a regulatory authority in another domestic or foreign jurisdiction;

(h) Failing to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state;

(i) Practicing athletic training without a valid license; and

(j) Violating:

(1) Any provision of RSA 328-F;

(2) Any provision of RSA 326-G;

(3) Any rule adopted by the board;

(4) Any applicable ethical or professional standard required in Plc 309; or

(5) Any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 404.03 Sanctions {#sec-ath-404.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.03}

Pursuant to RSA 310:12, disciplinary measures available to the board to sanction misconduct shall be governed by Plc 311.07 through Plc 311.12.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 404.04 Procedure for the Imposition of Sanctions {#sec-ath-404.04 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.04}

Other than immediate license suspension authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

(a) After prior notice to the licensee in accordance with Plc 206 and the opportunity for the licensee to be heard; or

(b) By agreement in a settlement between the board and the that is reflected in a consent order.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 404.05 Revocation of License {#sec-ath-404.05 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.05}

The OPLC shall revoke a license when:

(a) BOC has permanently revoked the licensee's certification; or

(b) The board and the licensee agree on revocation in a settlement that is reflected on a consent order.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; renumbered by #13307, eff 12-17-21 (formerly Ath 404.06); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 404.06 Method for Determining Sanctions {#sec-ath-404.06 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.06}

To determine which sanction or combination of sanctions to impose, Plc 311.10 shall govern.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; renumbered by #13307, eff 12-17-21 (formerly Ath 404.07); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 404.07 Standards for the Selection of Sanctions {#sec-ath-404.07 omnilex-key=us-nh-regs-official--agency-ath--Ath 404.07}

The board shall apply the standards in Plc 311.11 when selecting sanctions.

History

#9099, eff 3-1-08; ss by #10921, eff 8-29-15; renumbered by #13307, eff 12-17-21 (formerly Ath 404.08); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

Part Ath 405 Voluntary Surrender of License

N.H. Code Admin. R. Ann. Ath 405.01 Procedures for, and Effect of, Voluntary Surrender of License {#sec-ath-405.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 405.01}

Pursuant to RSA 310:4, II (d) and RSA 310:9, the procedures for, and effect of, the voluntary surrender of a license shall be governed by Plc 205.

History

#10228 (formerly Ath 218.01); ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

Part Ath 406 Ongoing Requirements

N.H. Code Admin. R. Ann. Ath 406.01 Obligation to Maintain BOC Certification {#sec-ath-406.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.01}

Licensees shall maintain BOC certification at all times.

History

#9099, eff 3-1-08; renumbered by #10228, (from Ath 405.01); ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 406.02 Obligation to Work Under Direction {#sec-ath-406.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.02}

Pursuant to RSA 326-G:1, III, licensees shall practice athletic training under the general direction of a physician licensed in any state or Canada.

History

#9099, eff 3-1-08; renumbered by #10228, (from Ath 405.02); ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 406.03 Obligation to Update Information {#sec-ath-406.03 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.03}

Licensees shall send to the board's office within 30 days of any changes in:

(a) Their names;

(b) Home or business physical addresses;

(d) Home or business telephone number or personal cell phone number if provided to the board; and

(e) E-mail address.

History

#9099, eff 3-1-08; renumbered by #10228, (from Ath 405.03); ss by #10498, eff 12-31-13; ss by #13683 eff 9-12-23

N.H. Code Admin. R. Ann. Ath 406.04 Organization Rules {#sec-ath-406.04 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.04}

RESERVED

History

#9099, eff 3-1-08; renumbered by #10228, (from Ath 405.04); ss by #10921, eff 8-29-15

N.H. Code Admin. R. Ann. Ath 406.05 Obligation to Adhere to Ath 500 {#sec-ath-406.05 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.05}

Licensees shall adhere to the ethical standards in Ath 500.

History

#9099, eff 3-1-08; renumbered by #10228, (from Ath 405.05); ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 406.06 Obligation to be Honest and Candid {#sec-ath-406.06 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.06}

Licensees shall be candid and truthful when:

(a) Making oral and written statements to the board and the OPLC; and

(b) Making oral and written statements about athletic training to the public.

History

#9099, eff 3-1-08; renumbered by #10228, (from Ath 405.06); ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 406.07 Obligation to Cooperate with Investigations {#sec-ath-406.07 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.07}

Licensees shall cooperate with the OPLC’s investigations by:

(a) Providing accurate factual information;

(b) Responding to the OPLC’s requests in a timely fashion; and

History

#9099, eff 3-1-08; renumbered by #10228, (from Ath 405.08); ss by #10921, eff 8-29-15 (from Ath 406.08); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 406.08 Obligation to Retain Evidence of Continuing Education {#sec-ath-406.08 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.08}

Licensees shall retain documentation of their continuing professional education and professional activities for at least 3 years.

History

#9976, eff 8-20-11; renumbered by #10228, (from Ath 405.09); renumbered by #10921 (from Ath 406.09); ss by #12069, eff 12-21-16; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

N.H. Code Admin. R. Ann. Ath 406.09 Obligation to Report {#sec-ath-406.09 omnilex-key=us-nh-regs-official--agency-ath--Ath 406.09}

Licensees shall report the following to the OPLC within 30 days, whether applicable to themselves or other licensees:

(a) Any misdemeanor or felony conviction;

(b) Disciplinary actions by regulatory authorities other than the New Hampshire governing board of athletic trainers; and

History

#10498, eff 12-31-13; ss by #10921, eff 8-29-15 (from Ath 406.10); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35

Part Ath 407 Exemptions

N.H. Code Admin. R. Ann. Ath 407.01 Exemption From Licensure {#sec-ath-407.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 407.01}

(a) The following shall not require licensure:

(1) Self-care by a patient, first aid by a coach, or gratuitous care by a friend or family member who does not represent himself or herself as an athletic trainer;

(2) The activities of athletic training students acting under the direction of an athletic trainer licensed, certified, or registered in any state, provided that the students, are designated by a title which clearly indicates their status as athletic training students; and

(3) The activities of athletic trainers not residents of this state, when called to perform athletic training services during a temporary visit in this state, provided such athletic trainers are currently licensed, certified, or registered in any state or Canada, or are currently certified by the National Athletic Trainers Association Board of Certification, Inc., or its successor organization.

History

#13307, eff 12-17-21

Chapter Ath 500 Ethical Standards

Part Ath 501 Ethical Standards

N.H. Code Admin. R. Ann. Ath 501.01 Obligation to Comply with Laws {#sec-ath-501.01 omnilex-key=us-nh-regs-official--agency-ath--Ath 501.01}

Licensees shall comply with RSA 326-G and its implementing rules Ath 100 through Ath 500, RSA 328-F, and all other laws as they are applicable to them.

History

#8407, eff 8-10-05; ss by #9100, eff 3-1-08; ss by #10869, eff 6-27-15; ss by #14116, eff 1-20-25

N.H. Code Admin. R. Ann. Ath 501.02 Obligation to Observe Ethical Principles {#sec-ath-501.02 omnilex-key=us-nh-regs-official--agency-ath--Ath 501.02}

Licensees shall observe the following ethical principles:

(a) Athletic trainers shall comply with the National Athletic Trainers’ Association (NATA) Code of Ethics Including Shared Professional Values issued in May 2022 except as modified in (b) below.

(b) Modifications to the NATA Code of Ethics shall replace the word “Members” with the word “Licensees” throughout the entire document.

APPENDIX

Rule

Specific State Statute the Rule Implements

Ath 101.01

RSA 541-A:16, I(a)

Ath 101.02

RSA 326-G:2

Ath 102

RSA 328-F:5, VI; RSA 326-G:1, III

Ath 102.04

Reserved

Ath 102.07

Reserved

Ath 103.01

RSA 328-F:4, IV

Ath 103.02

Reserved

Ath 103.03(a) through (c)

RSA 328-F:5, I

Ath 103.03(d)

2023, 79:281, III, eff. Sept. 1, 2023

Ath103.04

RSA 541-A:16, I(a)

Ath 103.05

RSA 91-A:2, II; RSA 91-A:3

Ath 103.06

Reserved

Ath 200

RSA 541-A:16, I(b)-(d)

Ath 201

RSA 541-A:7

Ath 202

RSA 328-F:13, II

Ath 217

RSA 541-A:11, VII

Ath 218

RSA 328-F:13, I; RSA 541-A:7

Ath 301.01

RSA 541-A:7

Ath 302.01

RSA 328-F:4, I; RSA 328-F:11, I(f) and (g); RSA 328-F:11, II(g);

RSA 328-F:18, I

Ath 302.02

RSA 326-G:4, RSA 328-F:11, I(f) and (g); RSA328-F:25, I,

RSA 541-A:16, I(b)

Ath 302.03

RSA 328-F:4, I; RSA 328-F:11, I(f) and (g)

Ath 302.04

RSA 326-G:4, RSA 328-F:11, I(f) and (g); RSA328-F:25, I,

RSA 541-A:16, I(b)

Ath 303.01

RSA 328-F:11, I(a); RSA326-G:4, I

Ath 304

RSA 326-G:2, III; RSA 326-G:3

Ath 401.01

Reserved

Ath 401.02

Reserved

Ath 402.01(a)

RSA 310:8, II

Ath 402.01(b)

RSA 310:8, III

Ath 402.02

RSA 326-G:6; RSA 328-F:11, I(b),(d),(e),(f); RSA 310:8

Ath 402.03 through Ath 402.05

Reserved

Ath 403.01

RSA 328-F:11, I(e) and (f)

Ath 403.02

Reserved

Ath 403.03

Reserved

Ath 403.04

Reserved

Ath 404.01

RSA 328-F:11, II(d)

Ath 404.02

RSA 328-F:11, I(g); RSA 310:12

Ath 404.03 through Ath 404.05

RSA 310:12

Ath 404.06

RSA 541-A:16, I(b)

Ath 404.07

RSA 541-A:16, I(b)

Ath 405.01

RSA 326-G:4, III; RSA 326-G:6, I

Ath 406.01

RSA 326-G:4, III; RSA 326-G:6, I

Ath 406.02

RSA 326-G:1, III

Ath 406.04

Reserved

Ath 406.05

RSA 328-F:11, II(b)

Ath 406.06

RSA 328-F:11, II(b)

Ath 406.07

RSA 328-F:11, II(b)

Ath 406.08

RSA 328-F:11, I(b), (d), and (e)

Ath 406.09

RSA 328-F:11, II(b)

Ath 407

RSA 326-G:2

Ath 500

RSA 328-F:11, II(b)

APPENDIX B

Incorporation by Reference Information

Rule

Title

Obtain at:

Ath 501.02(a)

National Athletic Trainers Association Code of Ethics March 2022

National Athletic Trainers Association Health Care for Life and Sport

1620 Valwood Parkway, Suite 115

Carrollton, TX 75006

Telephone (214)637-2206

Downloadable version is free online at: https://www.nata.org/sites/default/files/nata-code-of-ethics.pdf

History

#8407, eff 8-10-05; ss by #9100, eff 3-1-08; ss by #10869, eff 6-27-15; ss by #13328, eff 1-21-22; ss by #14272, EXIR, eff 8-18-25, EXPIRES: 8-18-35