25 TAC §§313.1 - 313.17
The new sections are proposed under the Occupations Code, §451.103,
which provides the board with the authority to adopt rules necessary for the
performance of its duties.
The new sections affect the Occupations Code, Title 3, Subtitle H, Chapter
451; Texas Civil Statutes, Article 4512d; and the General Appropriations Act,
House Bill 1, Article IX, Rider 167, passed by the 75th Legislature.
§313.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise. Words
and terms defined in the Act shall have the same meaning in this chapter that
they are assigned in the Act.
(1)
Act - Occupations Code, Chapter 451 and Texas Civil Statutes,
Article 4512d, relating to the Advisory Board of Athletic Trainers.
(2)
Administrator - The department employee designated
as the coordinator of the licensure activities authorized by the Act.
(3)
Applicant - A person who applies to the board for
a license or temporary license.
(4)
ALJ - An administrative law judge appointed by the
State Office of Administrative Hearings to preside over contested case hearings.
(5)
APA - The Administrative Procedure Act, Government
Code, Chapter 2001.
(6)
Associate executive secretary - A licensed athletic
trainer employed by the board as the associate director of board licensing
activities and who serves at the direction of the board.
(7)
Athletic trainer - A person licensed under the Act.
(8)
Board - The Advisory Board of Athletic Trainers.
(9)
Department - The Texas Department of Health.
(10)
Executive secretary - A licensed athletic trainer
employed by the board as the director of board licensing activities and who
serves at the direction of the board.
(11)
Executive secretary emeritus - A licensed athletic
trainer who has been previously employed by the board as the director of board
licensing activities and who currently serves at the direction of the board
and provides guidance to the Administrative Services Committee.
(12)
Licensee - A person who holds a current license or
a temporary license as an athletic trainer issued by the board under the Act.
(13)
SOAH - The State Office of Administrative Hearings.
(14)
Temporary license - A license issued under §313.10
of this title (relating to Temporary License).
§313.2.Scope of Practice.
(a)
A licensed athletic trainer prevents, recognizes, assesses,
manages, treats, disposes of, and reconditions athletic injuries and illnesses.
An athlete is a person who participates in an organized sport or sport-related
exercise or activity, including interscholastic, intercollegiate, intramural,
semiprofessional, and professional sports activities.
(b)
The activities listed in subsection (c)(1) - (7) of this
section may be performed in any setting authorized by a licensed physician
and may include, but not be limited to, an educational institution, professional
or amateur athletic organization, an athletic facility, or a health care facility.
(c)
Services provided by a licensed athletic trainer may include,
but are not limited to:
(1)
planning and implementing a comprehensive athletic injury
and illness prevention program;
(2)
conducting an initial assessment of an athlete's injury
or illness and formulating an impression of the injury or illness in order
to provide emergency or continued care and referral to a physician for definitive
diagnosis and treatment, if appropriate;
(3)
administering first aid and emergency care for acute
athletic injuries and illnesses;
(4)
coordinating, planning, and implementing a comprehensive
rehabilitation program for athletic injuries;
(5)
coordinating, planning, and supervising all administrative
components of an athletic training or sports medicine program;
(6)
providing health care information and counseling athletes;
and
(7)
conducting research and providing instruction on subject
matter related to athletic training or sports medicine.
(d)
A licensee shall not provide health care services which
are not within the definition of "athletic training" in the Act except in
accordance with state and federal laws and rules applicable to the provided
services including, but not limited to, Occupations Code, Chapter 157, relating
to a physician's delegated authority; other licensure laws; and laws relating
to the possession and distribution of controlled substances.
§313.3.The Board's Operation.
(a)
The chairman is appointed by and serves at the will of
the governor.
(b)
The chairman shall preside at all board meetings at which
he or she is in attendance and perform all duties prescribed by the Act and
this chapter. The chairman may serve as an ex-officio member of any committee.
(c)
The vice-chairman shall perform the duties of chairman
in case of the absence of the chairman. In case the office of chairman becomes
vacant, the vice-chairman will serve until a successor is appointed.
(d)
At the meeting held nearest to August 31 of each year,
the board shall elect by a majority vote of those members present and voting,
a vice-chairman and secretary. Nominations shall be from the floor.
(e)
A vacancy which occurs in the offices of vice-chairman
or secretary may be filled by a majority vote of those members present and
voting at the next board meeting.
(f)
The board or the chairman with the approval of the board
may establish committees necessary to assist the board in carrying out its
duties and responsibilities.
(1)
The chairman may appoint the members of the board to serve
on committees and may designate the committee chairman.
(2)
The chairman may appoint non-board members to serve
as committee members on a consultant or voluntary basis, subject to board
approval.
(3)
Committee chairmen shall make regular reports to the
board by interim written reports and/or at regular meetings, as necessary.
(4)
Committees shall meet when called by the chairman
of the committee or when so directed by the board.
(5)
The following standing committees shall be appointed
by the chairman each year to serve a term of one year:
(A)
the Administrative Services Committee;
(B)
the Continuing Education Committee;
(C)
the Examination Committee;
(D)
the Governmental Affairs Committee; and
(E)
the Communications Committee.
(g)
The board shall hold at least two regular meetings during
each year ending on August 31 at such date, place, and time as may be determined
by the chairman.
(1)
The board may hold additional meetings necessary for the
transaction of board business on the call of the chairman or at the written
request of any three members of the board.
(2)
Meetings shall be announced and conducted under the
provisions of the Open Meetings Act, Government Code, Chapter 551.
(3)
A quorum of the board necessary to conduct official
business is four members.
(h)
The board shall not be bound in any way by any statement
or action on the part of any board or staff member except when a statement
or action is pursuant to specific instructions of the board.
(i)
Board action shall require a majority vote of those members
present and voting.
(j)
The latest edition of Roberts Rules of Order shall be the
basis of parliamentary decisions except where otherwise provided by this chapter.
(k)
Policy against discrimination. The board shall make decisions
in the discharge of its statutory authority without discrimination based on
any person's race, creed, sex, religion, national origin, age, physical condition,
or economic status.
(l)
The policy of the board is that members shall attend regular
and committee meetings.
(1)
It is a ground for removal from the board if a member is
absent from more than half of the regularly scheduled board meetings that
the member is eligible to attend during a calendar year without an excuse
approved by a majority vote of the board.
(2)
The board may report to the governor and the Texas
Sunset Advisory Commission the attendance records of members.
(m)
A board member is entitled to receive the state per diem
allowance as set by the legislature in the General Appropriations Act for
transportation and related expenses incurred for each day the member engages
in the business of the board.
(1)
Payment to board members of per diem and transportation
expenses shall be on official state travel vouchers which have been approved
by the department.
(2)
Attendance at conventions, meetings, and seminars
must be clearly related to the performance of board duties and show a benefit
to the state.
(n)
The administrator shall prepare and submit to each member
of the board, prior to each meeting, an agenda which includes items requested
by members, items required by law, unfinished business, and other matters
of board business which have been approved for discussion by the chairman.
(o)
The official agenda of a meeting shall be filed with the
Office of the Secretary of State of the State of Texas in accordance with
the Open Meetings Act, Government Code, Chapter 551.
(p)
The drafts of the minutes of each meeting shall be forwarded
to each board member for review and comments prior to approval by the board.
(1)
After approval by the board, the minutes of any board meeting
are official only when affixed with the original signatures of the chairman
and secretary.
(2)
The official minutes of board meetings shall be kept
in the office of the administrator and shall be available to any person desiring
to examine them during regular office hours.
(q)
All public records of the board shall be open for inspection
during regular office hours unless such records contain information excepted
from disclosure under the Public Information Act, Government Code, Chapter
552; the Family Educational Rights and Privacy Act of 1974, 20 United States
Code, §1232g; or other applicable law.
(1)
A person desiring to examine public records shall be required
to identify himself or herself and sign a statement listing the records requested
and examined.
(2)
Public records may not be taken from board offices;
however, persons may obtain photocopies upon request and by paying the cost
per page set by the department.
§313.4.Petition for Rulemaking.
(a)
Any person may petition the board to adopt a rule.
(b)
The petition shall be in writing, shall contain the petitioner's
name and address, and shall describe the rule and the reason for it. If the
executive secretary determines that further information is necessary to assist
the board in reaching a decision, the executive secretary may require that
the petitioner resubmit the petition and that it contain:
(1)
a brief explanation of the proposed rule;
(2)
the text of the proposed rule prepared in a manner
to indicate the words to be added or deleted from the current text, if any;
(3)
a statement of the statutory or other authority under
which the rule is to be promulgated; and
(4)
the public benefit anticipated as a result of adopting
the rule or the anticipated injury or inequity which would result from the
failure to adopt the proposed rule.
(c)
The board may deny a petition which does not contain the
information in subsection (b) of this section or the information in subsection
(b)(1) - (4) of this section if the executive secretary determines that the
latter is necessary.
(d)
The petition shall be mailed or delivered to the executive
secretary, Advisory Board of Athletic Trainers, 1100 West 49th Street, Austin,
Texas 78756-3183.
(e)
The executive secretary shall submit a completed petition
to the board for its consideration.
(f)
Within 60 days after receipt of the petition by the executive
secretary, or within 60 days after receipt of a resubmitted petition in accordance
with subsection (b)(1)- (4) of this section, the board shall either deny the
petition or initiate rule-making procedures.
(g)
The board may deny parts of the petition and/or initiate
rule-making procedures on parts of the petition.
(h)
If the board denies the petition, the executive secretary
shall give the petitioner written notice of the board's denial, including
the reason(s) for the denial.
(i)
If the board initiates rule-making procedures, the version
of the rule which the board proposes may differ from the version proposed
by the petitioner.
(j)
The board may refuse to consider any subsequent petition
for the adoption of the same or similar rule submitted within six months after
the date of the initial petition.
§313.5.Processing Applications.
(a)
The following periods of time shall apply from the date
of receipt of an application until the date of issuance of a written notice
that the application is complete and accepted for filing or that the application
is deficient and additional specific information is required. A written notice
stating that the application has been approved may be sent in lieu of the
notice of acceptance of a completed application. The time periods are as follows:
(1)
letter of acceptance of application for licensure or temporary
licensure - 30 working days;
(2)
letter of application or renewal deficiency - 30 working
days; and
(3)
issuance of license renewal after receipt of documentation
of all renewal requirements - 20 working days.
(b)
The following periods of time shall apply from the receipt
of the last item necessary to complete the application until the date of issuance
of written notice approving or denying the application. For the purpose of
this section an application is not considered complete until any required
examination has been successfully completed by the applicant. The time periods
for denial include notification of the proposed decision and of the opportunity,
if required, to show compliance with law and of the opportunity for a formal
hearing. The time periods are as follows:
(1)
letter of approval for examination - 30 working days;
(2)
initial letter of approval for licensure - 30 working
days;
(3)
letter of denial of licensure - 180 working days;
and
(4)
issuance of license renewal after receipt of documentation
of all renewal requirements - 20 working days.
(c)
In the event an application is not processed in the time
periods stated in subsections (a)- (b) of this section, the applicant has
the right to request reimbursement of all fees paid in that particular application
process. Application for reimbursement shall be made to the administrator.
If the administrator does not agree that the time period has been violated
or finds that good cause existed for exceeding the time period, the request
will be denied.
(d)
Good cause for exceeding the time period is considered
to exist if the number of applications for licensure and licensure renewal
exceeds by 15 percent or more the number of applications processed in the
same calendar quarter of the preceding year; another public or private entity
relied upon by the board in the application process caused the delay; or any
other condition exists giving the board good cause for exceeding the time
period.
(e)
Appeal. If a request for reimbursement under subsection
(c) of this section is denied by the administrator, the applicant may appeal
to the chairman of the board for a timely resolution of any dispute arising
from a violation of the time periods. The applicant shall give written notice
to the chairman at the address of the board that he or she requests full reimbursement
of all fees paid because his or her application was not processed within the
applicable time period. The administrator shall submit a written report of
the facts related to the processing of the application and of any good cause
for exceeding the applicable time period. The administrator shall provide
written notice of the chairman's decision to the applicant. An appeal shall
be decided in the applicant's favor if the applicable time period was exceeded
and good cause was not established. If the appeal is decided in favor of the
applicant, full reimbursement of all fees paid in that particular application
process shall be made.
(f)
Contested cases. The time periods for contested cases related
to the denial of licensure or license renewals are not included within the
time periods stated in subsections (a)-(b) of this section. The time period
for conducting a contested case hearing runs from the date the department
receives a written request for a hearing and ends when the decision of the
board is final and appealable.
§313.6.Fees.
(a)
The schedule of fees of the board is as follows:
(1)
application fee - $60;
(2)
temporary license fee - $200;
(3)
written examination fee - $75;
(4)
oral/practical examination fee - $125;
(5)
initial license fee - $50;
(6)
child support reinstatement fee - $75;
(7)
returned check fee - $25;
(8)
renewal fee - $125; and
(9)
late renewal fee:
(A)
$187.50 when renewed on or within 90 days of expiration;
(B)
$250 when renewed later than 90 days, but less than one
year after expiration; or
(C)
for an expired license renewed on or before August 31,
2000, $250 when renewed at least one year but less than two years after expiration.
(b)
All fees are nonrefundable.
(c)
A licensee or applicant whose personal check for a fee
is not honored by the financial institution may reinstate the renewal application,
initial application, or examination eligibility by remitting to the department
a money order or cashier's check for the amount of the fee plus the returned
check fee within 30 days of the date of the person's receipt of the department's
notice that the personal check was not honored.
(1)
An initial or renewal application will be considered incomplete
until the fee has been received and cleared through the appropriate financial
institution.
(2)
If proper payment is not received, the license or
temporary license shall not be issued or renewed. If a license or renewal
card has already been issued, it shall be ineffective.
(3)
If proper payment is not received for an examination
fee, the applicant's examination results shall not be released.
§313.7.Qualifications.
(a)
Applicants qualifying under the Act, §451.153(1) shall
hold a baccalaureate or post-baccalaureate degree and one of the following:
(1)
current licensure, registration, or certification as an
athletic trainer issued by another state, jurisdiction, or territory of the
United States; or
(2)
current national certification as an athletic trainer
issued by the National Athletic Trainers Association Board of Certification
(NATABOC).
(b)
In place of the requirements in subsection (a) of this
section, applicants qualifying under the Act, §451.153(1) shall have:
(1)
for all applications filed on or before August 31, 2004,
a baccalaureate or post- baccalaureate degree which includes at least three
hours of academic credit from each of the following course areas:
(A)
human anatomy;
(B)
health, disease, nutrition, fitness, wellness, emergency
care, first aid, or drug and alcohol education;
(C)
kinesiology;
(D)
human physiology or physiology of exercise;
(E)
athletic training, sports medicine, or care and prevention
of injuries; and
(F)
effective for all applications filed on or after September
1, 2000, advanced athletic training, advanced sports medicine, or assessment
of injury;
(2)
for all applications filed on or after September
1, 2004, a baccalaureate or post- baccalaureate degree which includes at least
24 hours of combined academic credit from each of the following course areas:
(A)
human anatomy;
(B)
health, disease, nutrition, fitness, wellness, emergency
care, first aid, or drug and alcohol education;
(C)
kinesiology or biomechanics;
(D)
physiology of exercise;
(E)
athletic training, sports medicine, or care and prevention
of injuries;
(F)
advanced athletic training, advanced sports medicine, or
assessment of injury; and
(G)
therapeutic exercise or rehabilitation or therapeutic modalities;
and
(3)
an apprenticeship in athletic training meeting
the following requirements:
(A)
the program shall be under the direct supervision of and
on the same campus as a Texas licensed athletic trainer, or if out-of-state,
the college or university's certified or state licensed athletic trainer;
(B)
the apprenticeship must be a minimum of 1,800 clock hours.
It must be based on the academic calendar and must be completed during at
least five fall and/or spring semesters. Hours in the classroom do not count
toward apprenticeship hours;
(C)
the hours must be completed in college or university intercollegiate
sports programs. A maximum of 600 clock hours of the 1,800 clock hours may
be accepted from an affiliated setting which the college or university's athletic
trainer has approved. No more than 300 clock hours may be earned at one affiliated
setting. These hours must be under the direct supervision of a licensed physician,
licensed or certified athletic trainer, or licensed physical therapist;
(D)
1,500 clock hours of the apprenticeship shall be fulfilled
while enrolled as a student at a college or university; and
(E)
the apprenticeship must offer work experience in a variety
of sports. It shall include instruction by the college or university's athletic
trainer in prevention of injuries, emergency care, rehabilitation, and modality
usage.
(c)
Applicants qualifying under the Act, §451.153(2) or §421.153(3)
shall have a baccalaureate or post-baccalaureate degree or a state issued
certificate in physical therapy or a baccalaureate or post-baccalaureate degree
in corrective therapy with at least a minor in physical education or health.
Applicants who hold such degrees must complete three semester hours of a basic
athletic training course from an accredited college or university. An applicant
shall also complete an apprenticeship in athletic training meeting the following
requirements.
(1)
The program shall be a minimum of 720 clock hours. It must
be based on the academic calendar and must be completed during at least three
fall and/or spring semesters. The hours must be under the direct supervision
of a college or university's Texas licensed athletic trainer or if out-of-state,
the college or university's certified or state licensed athletic trainer.
The apprenticeship includes a minimum of 360 hours per year. Hours in the
classroom do not count toward apprenticeship hours.
(2)
Actual working hours shall include a minimum of 20
hours per week during each fall semester. A fall semester includes pre-season
practice sessions. The apprenticeship must offer work experience in a variety
of sports.
(3)
The apprenticeship must be completed in a college
or university's intercollegiate sports program. A maximum of 240 clock hours
of the 720 clock hours may be earned at a collegiate, secondary school, or
professional affiliated setting which the college or university's athletic
trainer has approved. No more than 120 hours may be earned at one affiliated
setting.
(d)
Certification required. An applicant must have:
(1)
a current standard first aid and adult cardiopulmonary
resuscitation certificate; or
(2)
current certification for emergency medical services
(EMS) with the Texas Department of Health.
(e)
The relevance to the licensing requirements of academic
courses, the titles of which are not self-explanatory, must be substantiated
through course descriptions in official school catalogs or bulletins or by
other means acceptable to the board.
(f)
The board shall accept no course which an applicant's transcript
indicates was not completed with a passing grade for credit.
(g)
Documentation of the apprenticeship program must be provided
by completion of the proper forms prescribed by the board.
(h)
Each applicant must have a baccalaureate or post-baccalaureate
degree from a college or university which held accreditation, at the time
the degree was conferred, from an accepted regional educational accrediting
association reported by the American Association of Collegiate Registrars
and Admissions Officers.
§313.8.Student Athletic Trainer Activities.
A student athletic trainer may perform the activities of an athletic
trainer only under the following circumstances.
(1)
A student shall be considered to be performing the activities
of an athletic trainer under the Act §451.153, and not in violation of
the Act §451.151, if the student is performing the activities:
(A)
as part of the apprenticeship hours described in §313.7
of this title (relating to Qualifications); or
(B)
as follows:
(i)
the student's supervising college or university licensed
athletic trainer has approved, referred, sent, or directed the student to
a setting other than with the student's school's intercollegiate athletes;
(ii)
the setting is with another college or university, a high
school, a professional athletic team, or a health care clinic; and
(iii)
the student is directly supervised in the setting by
a licensed athletic trainer.
(2)
Hours which fall under paragraph (1)(B)
of this subsection shall not be counted as apprenticeship hours unless the
hours meet the requirements of §313.7 of this title (relating to Qualifications).
(3)
For the purposes of this section, supervision means
daily, direct, and immediate communication.
§313.9.Examination for Licensure.
(a)
The board shall offer examinations at least two times a
year at times and places established by the Administrative Services Committee
and announced by the board.
(b)
The examination shall consist of written and oral/practical
questions and evaluations prescribed by the board.
(c)
An applicant may file an application for examination if
the applicant:
(1)
is within 30 semester hours of graduation;
(2)
has completed or is currently pre-registered or enrolled
in the courses listed in §313.7 of this title (relating to Qualifications);
and
(3)
has completed at least 1300 clock hours of the required
1800 clock hours and the apprenticeship program is in progress if the applicant
qualifies under the Act, §451.153(1); or
(4)
has completed at least 600 clock hours of the required
720 clock hours and the apprenticeship program is in progress if the applicant
qualifies under the Act, §451.153(2) or §421.153(3).
(d)
The Administrative Services Committee shall review all
applications prior to the examination. An applicant meeting the requirements
of subsection (c) of this section or of §313.7 of this title (relating
to Qualifications) and pays the required examination fee shall be approved
to take the examination.
(e)
The board shall notify an applicant whose application has
been approved at least 30 days prior to the next scheduled examination. Applications
which are received incomplete or late may cause the applicant to miss the
examination deadline.
(f)
An examination registration form must be completed and
returned to the board by the applicant with the required examination fee (unless
otherwise instructed by the board) at least 15 days prior to the date of examination.
Applications which are received incomplete or late may cause a delay.
(g)
Examinations shall be graded by the board's designee.
(h)
The board shall notify each applicant by mail of the results
of the examination within 30 days of the date of the examination.
(i)
The following procedures relate to applicants who fail
the examination prescribed by the board.
(1)
An applicant who fails the examination may take a subsequent
examination after paying the examination fee.
(2)
If requested in writing, the board shall furnish an
applicant who fails an examination an analysis of performance.
(3)
An applicant who fails the examination three times
shall have his application denied unless the applicant furnished the board
an official transcript from an accredited college or university indicating
completed coursework taken for credit with a passing grade in the area(s)
of weakness determined by analysis of the previous examination(s). The applicant
must submit an official transcript within eighteen months of the date of the
notice from the board which specifies the course work to be completed.
(4)
An applicant who completes course work as described
in paragraph (3) of this subsection must file an updated application for examination
and must successfully complete the examination before an initial license may
be issued.
(5)
Each applicant who fails the examination may request,
in writing, within 60 days from the date of the notification of failure, an
examination review (analysis of performance).
(A)
All reviews are subject to board security requirements.
(B)
The board will set a date and hour within a reasonable
time when the examination will be available for review. The appointment will
be scheduled in the board's office during regular business hours.
(j)
Applicants who have passed the examination and are not
degreed will have 90 days from their graduation date to submit all documents
and fees necessary to show compliance with this chapter and complete the licensing
procedure. If the application process is not completed within 90 days of the
graduation date, the applicant shall be required to file a new application
and retake the examination successfully in order to qualify for licensure.
(k)
An applicant who fails to take the examination within a
period of two years after an examination approval notice is mailed to him
or her by the department may have such approval withdrawn.
§313.10.Temporary License.
(a)
A temporary license may be issued to an individual who
meets the educational and apprenticeship requirements of this chapter.
(b)
After receiving a completed application and the nonrefundable
temporary license fee, the board shall issue a temporary license to an applicant
meeting the requirements of this section. This license entitles an applicant
to perform the activities of an athletic trainer until the results of the
first examination which the applicant is eligible to take are released.
(c)
A temporary license shall not be renewed, but a second
temporary license may be issued upon approval by the Administrative Services
Committee on grounds of documented hardship.
(d)
The temporary license of an applicant who failed an examination
administered by the board shall be voided and the applicant shall not be eligible
for another temporary license.
§313.11.License Renewal.
(a)
When issued, a license is valid for one year commencing
on the date of issuance of the initial license.
(b)
A licensee must renew the license annually.
(c)
The renewal date of a license shall be the last day of
the month in which the license was originally issued.
(d)
Each licensee is responsible for renewing the license before
the expiration date and shall not be excused from paying additional fees or
penalties. Failure to receive notification from the department prior to the
expiration date of the license shall not excuse failure to file for timely
renewal.
(e)
A licensee must have fulfilled any applicable continuing
education requirements prescribed by the board in order to renew the license.
(f)
The board shall not renew a license if renewal is prohibited
by the Education Code, §57.491 (relating to Loan Default Ground for Nonrenewal
of Professional or Occupational License.)
(g)
The procedures to renew a license are as follows.
(1)
At least 30 days prior to the expiration date of a person's
license, the department shall send notice to the licensee at the address in
the board's records of the expiration date of the license and the amount of
the renewal fee due and a license renewal form which the licensee must complete
and return to the board with the required renewal fee.
(2)
The license renewal form for licensees shall require
the provision of the preferred mailing address, primary employment address
and telephone number, and misdemeanor or felony convictions.
(3)
A licensee has renewed the license when the licensee
has mailed the renewal form and the required renewal fee to the department
prior to the expiration date of the license. The postmark date shall be considered
the date of mailing. The current license will be considered active until the
renewal is issued or finally denied.
(4)
The board shall issue to a licensee who has met all
requirements for renewal a license certificate and identification card.
(5)
The department shall inform a person who has not renewed
a license after a period of more than 30 days after the expiration of the
license of the amount of the fee required for renewal and the date the license
expired.
(6)
A person whose license has expired for not more than
90 days may renew the license by submitting to the department the license
renewal form and the late renewal fee. The renewal is effective if it is mailed
to the department not more than 90 days after the expiration date of the license.
The postmark date shall be considered the date of mailing.
(7)
A person whose license has been expired for more than
90 days but less than two years from the expiration date may renew the license
by submitting to the department the license renewal form and the late renewal
fee by August 31, 2000. The person must submit with the required license renewal
form a letter stating the reasons for the failure to make a timely renewal.
(8)
A person whose license has been expired two years
or more may not renew the license. The person may obtain a new license by
submitting to reexamination and complying with the then current requirements
and procedures for obtaining a license.
(9)
Effective September 1, 2000, a person whose license
has been expired one year or more may not renew the license. The person may
obtain a new license by submitting to reexamination and complying with the
then current requirements and procedures for obtaining a license.
(h)
Expiration of license.
(1)
A person whose license has expired may not hold himself
or herself out as an athletic trainer; imply that he or she has the title
of "licensed athletic trainer", "athletic trainer" or "sports trainer"; or
use "LAT", "AT", or "LATC" or any facsimile of those titles in any manner.
(2)
A person whose license has expired may not perform
the activities of an athletic trainer.
(3)
A person who fails to renew a license is required
to surrender the license certificate and identification card to the board
after two years from expiration of the license or upon demand. The certificate
remains the property of the board.
(i)
If a licensee fails to timely renew his or her license
because the licensee is or was on active duty with the armed forces of the
United States of America serving outside the State of Texas, the licensee
may renew the license pursuant to this subsection.
(1)
Renewal of the license may be requested by the licensee,
the licensee's spouse, or an individual having power of attorney from the
licensee. The renewal form shall include a current address and telephone number
for the individual requesting the renewal.
(2)
Renewal may be requested before or after expiration
of the license.
(3)
A copy of the official orders or other official military
documentation showing that the licensee is or was on active duty serving outside
the State of Texas shall be filed with the board along with the renewal form.
(4)
A copy of the power of attorney from the licensee
shall be filed with the board along with the renewal form if the individual
having the power of attorney executes any of the documents required in this
subsection.
(5)
A licensee renewing under this subsection shall pay
the renewal fee, but not the late renewal fee.
(6)
A licensee renewing under this subsection shall not
be required to submit any continuing education hours if continuing education
is required to be shown for the renewal. If the licensee is not at the end
of his or her three year continuing education period, the licensee will be
required to comply with the continuing education requirements at the end of
the three year period.
§313.12.Continuing Education Requirements.
(a)
The purpose of this section is to establish the continuing
education requirements a licensee shall meet to maintain licensure. The requirements
are intended to maintain and improve the quality of services provided to the
public by licensed athletic trainers. Continuing education experiences are
programs beyond the basic education required to obtain licensure which are
designed to promote and enrich knowledge, improve skills, and develop attitudes
for the enhancement of the practices of licensed athletic trainers, thus improving
athletic training care to the public.
(b)
A licensee must complete 30 clock hours of continuing education
during each three-year period. The three-year period begins on the first day
following the issuance month and ends on the last day of each licensee's renewal
month, except that the initial period shall begin with the date the board
issues the license certificate and ends on the last day of the third renewal
cycle.
(c)
Continuing education credit undertaken by a licensee for
renewal shall be acceptable if the experience falls in one or more of the
following categories:
(1)
academic courses at a regionally accredited college or
university related to sports medicine;
(2)
clinical courses related to sports medicine;
(3)
in-service educational programs, training programs,
institutes, seminars, workshops and conferences in sports medicine or athletic
training;
(4)
instructing or presenting education programs or activities
without compensation at an academic course, in-service educational programs,
training programs, institutes, seminars, workshops and conferences in athletic
training or sports medicine not to exceed five clock-hours each continuing
education period;
(5)
publishing a book or an article in a peer review journal
relating to athletic training or sports medicine not to exceed five clock-hours
each continuing education period; or
(6)
serving as a skills examiner at the state licensure
examination not to exceed one clock-hour of continuing education credit for
each examination date for a maximum of six clock- hours of credit each continuing
education period.
(d)
Continuing education experience shall be credited as follows.
(1)
Completion of course work at or through an accredited college
or university shall be credited for each semester hour on the basis of two
clock hours of credit for each semester hour successfully completed for credit
or audit as evidenced by a certificate of successful completion or official
transcript.
(2)
Parts of programs which meet the criteria of subsection
(c)(2) or (3) of this section shall be credited on a one-for-one basis with
one clock hour credit for each clock hour spent in the continuing education
experience.
(3)
Completion of a cardiopulmonary resuscitation (CPR)
techniques course will be credited a maximum of six clock hours.
(4)
Completion of a standard first aid techniques course
will be credited a maximum of six clock hours.
(5)
A clock hour shall be 50 minutes of attendance and
participation in an acceptable continuing education experience.
(6)
Approval of the continuing education committee must
be obtained for each continuing education experience described in subsection
(c) of this section.
(e)
Requests for approval of continuing education experience
should address the following criteria:
(1)
relevance of the subject matter to increase or support
the development of skill and competence in athletic training;
(2)
objectives of specific information or skill to be
learned;
(3)
subject matter, educational methods, materials, and
facilities utilized, including the frequency and duration of sessions and
the adequacy to implement learner objectives; and
(4)
sponsorship and leadership of programs; including
the name of the sponsoring individual(s) or organization(s), and program leaders
or faculty if different from sponsors and contact person.
(f)
The board shall employ an audit system for continuing education
reporting. The licensee shall be responsible for maintaining a record of his
or her continuing education experiences. The certificates, diplomas, or other
documentation verifying earning of continuing education hours are not to be
forwarded to the board at the time of renewal unless the licensee has been
selected for audit. Only the completed continuing education report form should
accompany the renewal form and fee if the licensee has not been selected for
audit.
(g)
The audit process shall be as follows.
(1)
The board shall select for audit a random sample of licensees
for each renewal month. Audit forms shall be sent to the selected licensees
at the time the renewal notice is mailed.
(2)
All licensees selected for audit will furnish documentation
such as official transcripts, certificates, diplomas, receipts, agendas, programs,
or an affidavit identifying the continuing education experience satisfactory
to the board, to verify proof of having earned the continuing education hours
listed on the continuing education report form. The documentation must be
provided at the time the renewal form is returned to the board.
(3)
Failure to timely furnish this information or knowingly
providing false information during the audit process or the renewal process
are grounds for disciplinary action against the licensee.
(h)
A licensee who has failed to complete the requirements
for continuing education may be granted a 180 day extension to the continuing
education period.
(1)
The request for an extension of the continuing education
period must be made in writing.
(2)
A subsequent continuing education period shall end
three years from the date the previous continuing education period expired,
not the date of the end of the extension period.
(3)
Credit earned during the extension period may only
be applied to the previous continuing education period.
(4)
A license may be renewed upon completion of the required
continuing education within the given extension period, submission of the
license renewal form, and payment of the applicable late renewal fee.
(i)
A person who fails to complete continuing education requirements
for renewal and fails to request an extension to the continuing education
period may not renew the license. The person may obtain a new license by complying
with the current requirements and procedures for obtaining a license.
(j)
The continuing education committee may not grant continuing
education credit to any licensee for:
(1)
education incidental to the regular professional activities
of a licensee such as learning occurring from experience or research;
(2)
professional organization activity such as serving
on committees or councils or as an officer;
(3)
any continuing education activity completed before
or after the period of time described in subsections (b) or (h) of this section;
(4)
self-study continuing education programs or activities;
or
(5)
performance of duties that are routine job duties
or requirements.
§313.13.Guidelines for Conduct.
(a)
An athletic trainer shall work under the direction of a
licensed physician when carrying out the practice of prevention, recognition,
assessment, management, treatment, disposition, and reconditioning of athletic
injuries.
(b)
A licensee shall not misrepresent any professional qualifications
or credentials.
(c)
A licensee shall not make any false or misleading claims
about the effectiveness of any athletic training care.
(d)
A licensee shall not promote or endorse products in a manner
that is false or misleading.
(e)
A licensee shall not abuse alcohol or drugs in any manner
which detrimentally affects the provision of athletic training care.
(f)
A licensee shall comply with the provisions of the Texas
Controlled Substances Act, Health and Safety Code, Chapter 481, and the Texas
Dangerous Drug Act, Health and Safety Code, Chapter 483, and any rules of
the Board of Health or the Texas State Board of Pharmacy implementing those
statutes.
(g)
A licensee shall have the responsibility of reporting violations
of board rules to the department.
(h)
A licensee shall not present false information to the board
or the department on any application or other document or in any investigation
or disciplinary proceeding of the board or the department.
(i)
A licensee shall not aid or abet the practice of an unlicensed
person when that person is required to have a license under the Act.
(j)
A licensee shall comply with any order relating to the
licensee which is issued by the board.
(k)
A licensee shall not provide health care services which
are not within the definition of "athletic training" in the Act except in
accordance with state and federal laws and rules applicable to the provided
services including, but not limited to, Occupations Code, Chapter 157, relating
to a physician's delegated authority; other licensure laws; and laws relating
to the possession and distribution of controlled substances.
(l)
A licensee shall not receive or give a commission or rebate
or any other form of renumeration for the referral of athletes for professional
services.
(m)
A licensee shall provide athletic training services without
discrimination based on race, creed, sex, religion, national origin, or age.
(n)
A licensee shall not violate any provision of any federal
or state statute relating to confidentiality of athlete communications and/or
records.
(o)
A licensee shall not offer professional services to a person
concurrently receiving the same or similar professional services from another
individual except with the knowledge of that individual.
(p)
A licensee shall not engage in sexual contact or sexually
exploitive behavior with a person receiving athletic training services from
the licensee. Sexual contact shall mean the activities or behaviors described
in the Texas Penal Code, §21.01. Sexually exploitive behavior shall mean
any verbal or physical conduct that can reasonably be construed as intended
to arouse or gratify the sexual desire of any person.
(q)
A licensee shall not use advertising that is false, misleading,
or deceptive or that is not readily subject to verification. False, misleading,
or deceptive advertising or advertising that is not readily subject to verification
includes advertising that:
(1)
makes a material misrepresentation of fact or omits a fact
necessary to make the statement as a whole not materially misleading;
(2)
makes a representation likely to create an unjustified
expectation about the results of a health care service or procedure;
(3)
compares a health care professional's service with
another health care professional's services unless the comparison can be factually
substantiated;
(4)
contains a testimonial;
(5)
causes confusion or misunderstanding as to the credentials,
education, or licensure of a health care professional;
(6)
advertises or represents that health care insurance
deductibles or copayments may be waived or are not applicable to health care
services to be provided if the deductibles or copayments are required;
(7)
advertises or represents that the benefits of a health
benefit plan will be accepted as full payment when deductibles or copayments
are required;
(8)
makes a representation that is designed to take advantage
of the fears or emotions of a particularly susceptible type of patient; or
(9)
advertises or represents in the use of a professional
name a title or professional identification that is expressly or commonly
reserved to or used by another profession or professional.
(r)
On the written request of a client, a client's guardian,
or a client's parent, if the client is a minor, a licensee shall provide,
in plain language, a written explanation of the charges for athletic training
services previously made on a bill or a statement for the client. This requirement
applies even if the charges are to be paid by a third party.
(s)
Unreasonable or medically unnecessary billing is prohibited.
(t)
A licensee shall be subject to disciplinary action by the
board if the licensee:
(1)
is issued a public letter of reprimand;
(2)
is assessed a civil penalty by a court; or
(3)
has an administrative penalty imposed by the attorney
general's office under the Crime Victims Compensation Act, Code of Criminal
Procedure, Chapter 56, Subchapter B.
(u)
The license certificate shall be displayed in the primary
office or place of employment of the licensee. In the absence of a primary
office or place of employment or when the licensee is employed in multiple
locations, the licensee shall carry a current license identification card.
(v)
Neither the licensee nor anyone else shall display a photocopy
of a license certificate or carry a photocopy of a license identification
card in lieu of the original document.
(w)
Neither the licensee nor anyone else shall make any alteration
on a license certificate or identification card issued by the board.
(x)
The licensee shall notify the board of changes in name
or preferred mailing address within 30 days of such change.
(y)
A licensee may not violate any provision of the Act or
this chapter.
(z)
A person may not hold himself or herself out as an athletic
trainer or perform any of the duties of an athletic trainer as defined in
the Act unless the person holds an appropriate license issued under the Act.
A person may not hold himself or herself out as an athletic trainer by implying
that he or she has the title of "licensed athletic trainer", "sports trainer",
or "athletic trainer" or using the letters "LAT", "LATC", or "AT" or any facsimile
of those titles in any manner unless the person holds a license issued under
the Act.
§313.14.Violations, Complaints, and Disciplinary Actions.
(a)
Any person may complain to the board alleging that a person
has violated the Act or this chapter.
(b)
A person wishing to file a complaint against a licensee
or other person shall notify the department. The initial notification of a
complaint may be in writing, by telephone, or by personal visit to the administrator's
office. The mailing address is Advisory Board of Athletic Trainers, 1100 West
49th Street, Austin, Texas 78756-3183.
(c)
Anonymous complaints shall be investigated by the department
provided that the complainant provides sufficient information.
(d)
Complaints shall be investigated in accordance with the
following procedures.
(1)
The administrator shall make the initial investigation
and report the findings to the executive secretary and associate executive
secretary.
(2)
The board may issue a subpoena to compel the attendance
of a relevant witness or the production, for inspection and copying, of relevant
evidence that is in this state.
(3)
If the administrator determines that the complaint
does not come within the board's jurisdiction, the administrator shall advise
the complainant and, if possible, refer the complainant to the appropriate
governmental agency for handling such a complaint.
(4)
The administrator shall, at least quarterly until
final disposition of the complaint, notify the parties to the complaint of
the status of the complaint unless such notice would jeopardize an undercover
investigation.
(5)
The executive secretary, in consultation with the
executive secretary emeritus and associate executive secretary, may recommend
that the license be revoked, suspended, suspended with probation, or denied
or that other appropriate action as authorized by law be taken. The executive
secretary, in consultation with the executive secretary emeritus and associate
executive secretary, may also recommend that the licensee be reprimanded or
that administrative penalties be assessed.
(6)
If the executive secretary and the administrator determine
that there are insufficient grounds to support the complaint, the administrator
shall dismiss the complaint and give written notice of the reason for dismissal
to the licensee or person against whom the complaint has been filed and the
complainant.
(e)
The board may deny an application or institute disciplinary
actions as described in subsection (d)(5) of this section for a violation
of the Act or this chapter.
(f)
Prior to institution of formal proceedings for disciplinary
actions as described in subsection (d)(5) of this section, the board shall
give written notice to the licensee by certified mail, return receipt requested,
of the facts or conduct alleged to warrant the action, and the licensee shall
be given an opportunity, as described in the notice, to show compliance with
all requirements of the Act and this chapter.
(g)
If disciplinary action is proposed, the board shall give
written notice by certified mail, return receipt requested, that the licensee
must request, in writing, a formal hearing within thirty days of receipt of
the notice, or the right to a hearing shall be waived and the action shall
be taken.
(h)
Informal disposition of any complaint or contested case
involving a licensee or an applicant for licensure may be made through an
informal settlement conference held to determine whether an agreed settlement
order may be secured. The executive secretary may determine whether the public
interest would be served by attempting to resolve a complaint or contested
case with an agreed order in lieu of a formal hearing.
(1)
An informal settlement conference shall be voluntary.
(2)
A settlement conference shall be informal and shall
not follow the procedures established in this chapter for contested cases
and formal hearings.
(3)
The licensee, the licensee's attorney, the executive
secretary, the administrator, and the board's attorney may question witnesses,
make relevant statements, present statements of persons not in attendance,
and present such other evidence as may be appropriate.
(4)
The complainant shall not be considered a party in
the settlement conference but shall be given an opportunity to be heard if
the complainant attends. Any written statement submitted by the complainant
shall be reviewed at the conference.
(5)
At the conclusion of the settlement conference, the
executive secretary or his designee may make recommendations for informal
disposition of the complaint or contested case. The recommendations may include
any disciplinary action authorized by the Act. The executive secretary or
his designee may also conclude that the board lacks jurisdiction, conclude
that a violation of the Act or this chapter has not been established, order
that the investigation be closed, or refer the matter for further investigation.
§313.15.Licensing of Persons with Criminal Backgrounds to be Athletic Trainers.
(a)
The board may suspend or revoke a license, disqualify a
person from receiving a license, or deny to a person the opportunity to be
examined for a license because of a person's conviction of a felony or misdemeanor
if the crime directly relates to the duties and responsibilities of an athletic
trainer.
(b)
In considering whether a criminal conviction directly relates
to the occupation of an athletic trainer, the board shall consider:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for
requiring a license to be an athletic trainer. The following felonies and
misdemeanors relate to the license of an athletic trainer because these criminal
offenses indicate an unwillingness or an inability to be able to perform as
an athletic trainer:
(A)
the misdemeanor of knowingly or intentionally acting as
an athletic trainer without a license issued under the Act;
(B)
a misdemeanor and/or felony offense involving moral turpitude;
(C)
a misdemeanor and/or felony offense under various titles
of the Texas Penal Code:
(i)
Title 5 concerning offenses against the person;
(ii)
Title 7 concerning offenses against property;
(iii)
Title 9 concerning offenses against public order and
decency;
(iv)
Title 10 concerning offenses against public health, safety,
and morals; and
(v)
Title 4 concerning offenses of attempting or conspiring
to commit any offenses in this subsection.
(vi)
the misdemeanors and felonies listed in clauses (i)-(v)
of this subparagraph are not inclusive in that the board may consider other
particular crimes in special cases in order to promote the intent of the Act
and this chapter;
(3)
the extent to which a license might offer
an opportunity to engage in further criminal activity of the same type as
that in which the person previously had been involved; and
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of an athletic trainer. In determining the present fitness of a person, the
board shall consider the evidence described in the Occupations Code, Chapter
53, relating to Consequences of Criminal Conviction.
(c)
The board's procedures for revoking, suspending, probating,
reprimanding, or denying a license to persons with criminal backgrounds are
as follows.
(1)
The executive secretary shall give written notice to the
person that the board proposes to deny the application or suspend, probate,
reprimand, or revoke the license after a hearing in accordance with the provisions
of §313.16 of this title (relating to Formal Hearings).
(2)
If the board denies, suspends, probates, reprimands,
or revokes an application or license under this section, the executive secretary
shall give the person written notice:
(A)
of the reasons for the decision;
(B)
that the person, after exhausting administrative appeals,
may file an action in a district court of Travis County, Texas, for review
of the evidence presented to the board and its decision;
(C)
that the person must begin the judicial review by filing
a petition with the court within 30 days after the board's action is final
and appealable; and
(D)
of the earliest date that the person may appeal.
§313.16.Formal Hearings.
(a)
The administrator, on request from a licensee or applicant,
may initiate a formal hearing.
(b)
A hearing shall be conducted in accordance with the Administrative
Procedure Act (APA) and this section.
(c)
An administrative law judge (ALJ) appointed by the State
Office of Administrative Hearings (SOAH) shall preside over and conduct the
hearing. After the hearing, the ALJ shall prepare a proposal for decision
and provide copies of same to all parties to the hearing.
(d)
The final order or decision will be rendered by the board.
§313.17.Suspension of License for Failure to Pay Child Support.
(a)
On receipt of a final court order or attorney general's
order suspending a license due to failure to pay child support, the executive
secretary shall immediately determine if the board has issued a license to
the obligator named on the order, and, if a license has been issued:
(1)
record the suspension of the license in the board's records;
(2)
report the suspension as appropriate; and
(3)
demand surrender of the suspended license.
(b)
The board shall implement the terms of a final court or
attorney general's order suspending a license without additional review or
hearing. The board will provide notice as appropriate to the licensee or to
others concerned with the license.
(c)
The board may not modify, remand, reverse, vacate, or stay
a court or attorney general's order suspending a license issued under the
Family Code, Chapter 232 as added by Acts 1995, 74th Legislature Chapter 751, §85
(HB 433) and may not review, vacate, or reconsider the terms of an order.
(d)
A licensee who is the subject of a final court or attorney
general's order suspending his or her license is not entitled to a refund
for any fee paid to the board.
(e)
If a suspension overlaps a license renewal period, an individual
with a license suspended under this section shall comply with the normal renewal
procedures in the Act and this chapter; however, the license will not be renewed
until subsections (g) and (h) of this section are met.
(f)
An individual who continues to use the title "athletic
trainer" or practice athletic training after the issuance of a court or attorney
general's order suspending the license is liable for the same civil and criminal
penalties provided for engaging in the prohibited activity without a license
or while a license is suspended as any other license holder of the board.
(g)
On receipt of a court or attorney general's order vacating
or staying an order suspending a license, the executive secretary shall promptly
issue the affected license to the individual if the individual is otherwise
qualified for the license.
(h)
The individual must pay a reinstatement fee set out at §313.6
of this title (relating to Fees) prior to issuance of the license under subsection
(g) of this section.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on May 5, 2000.
TRD-200003174
Natalie Steadman
Chair
Texas Department of Health
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 458-7236