54-3911. DENIAL — SUSPENSION AND REVOCATION OF LICENSE — REFUSAL TO RENEW. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the board, upon recommendation of the board of athletic trainers, may deny license or refuse to renew a license, or may suspend or revoke a license or may impose probationary conditions if the applicant for licensure has been found guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. All petitions for reconsideration of a denial of a license application or reinstatement application must be made to the board within one (1) year from the date of the denial. Such unprofessional conduct includes, but is not limited to:

(a) Obtaining licensure by means of fraud, misrepresentation, or concealment of material facts;

(b) Being guilty of unprofessional conduct, negligence or incompetence in the practice of athletic training as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;

(c) Being convicted of a felony by a court of competent jurisdiction;

(d) The unauthorized practice of medicine;

(e) Use of any advertising statements that deceive or mislead the public or that are untruthful;

(f) Making statements that the licensee knows, or should have known, are false or misleading regarding skill or efficacy or value of treatment or remedy administered by the licensee in the treatment of any condition pertaining to athletic training;

(g) Practicing or offering to practice beyond the scope of athletic training as defined in this chapter or which fails to meet the standard of athletic training provided by other qualified athletic trainers in the same or similar community;

(h) Performance of services while under the influence of alcohol, controlled substances or other skill impairing substances so as to create a risk of harm to a client;

(i) Commission of any act of sexual contact, misconduct, exploitation or intercourse with a client or former client or related to the licensee’s practice of athletic training;

1. Consent of the client shall not be a defense;

2. This paragraph shall not apply to sexual contact between an athletic trainer and the athletic trainer’s spouse or a person in a domestic relationship who is also a client;

3. A former client includes a client for whom the athletic trainer has provided athletic training services within the last twelve (12) months;

4. Sexual or romantic relationship with a former client beyond the period of time set forth herein may also be a violation if the athletic trainer uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the client;

(j) Having been judged mentally incompetent by a court of competent jurisdiction;

(k) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;

(l) Failing to report to the board any act or omission of a licensee, applicant, or any other person, which violates any provision of this chapter;

(m) Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;

(n) Failing to maintain client confidentiality unless otherwise required by law;

(o) Failing to maintain adequate records. For purposes of this paragraph, "adequate records" means legible records that contain, at a minimum, the athletic training service plan or protocol, written orders, an evaluation of objective findings, the plan of care and the treatment records;

(p) Promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;

(q) Violating any provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.

(2) A denial of an application for licensure or application for reinstatement shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and be subject to the provisions of that chapter, as well as the rules adopted by the board governing contested cases.

(3) Any person who shall be aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a licensure, issuing a censure, imposing any restriction upon a licensee, or imposing any fine, may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[(54-3911) 54-3912, added 1989, ch. 179, sec. 1, p. 444; am. & redesig. 2003, ch. 261, sec. 11, p. 692.]