43-39 Athletic Trainers
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<![CDATA[CHAPTER 43-39ATHLETIC TRAINERS43-39-01. Definitions.1."Athletic trainer" means a person with specific qualifications set forth in section<br>43-39-05, who is providing athletic training.2."Athletic training" means the practice of prevention, recognition, evaluation,<br>management, treatment, and disposition of athletic injuries. The term also means<br>rehabilitation of athletic injuries, if under the order of a licensed physician. The term<br>includes organization and administration of educational programs, athletic facilities,<br>and the education and counseling of the public.3."Board" means the North Dakota board of athletic trainers established in section<br>43-39-02.4."Physician" means a doctor of medicine licensed to practice under chapter 43-17.43-39-02. Board of athletic trainers.1.The North Dakota board of athletic trainers shall consist of five members, comprising<br>one licensed physician, one layperson, and three athletic trainers. Each member<br>must be appointed by the governor. The members, other than the layperson, must<br>be appointed from lists submitted to the governor by the North Dakota athletic<br>trainers association for those members who are athletic trainers and from the North<br>Dakota medical association for the member who is a physician, for terms as<br>provided in this section. Each member of the board, except for the layperson, must<br>be licensed in the member's profession in this state and a resident of this state, must<br>have not less than two years' experience as a physician or athletic trainer<br>immediately preceding appointment, and must be actively employed in the<br>member's profession during the member's tenure on the board. The layperson may<br>not be licensed in any health care field.2.Members must be appointed to serve four-year staggered terms to commence on<br>July first in the respective years of appointment and shall continue to serve until their<br>successors are appointed. If a vacancy occurs during a term, the governor shall<br>appoint a successor for the remainder of the unexpired term.No member mayserve for more than two successive four-year terms.On the initial board, onephysician and one athletic trainer must be appointed for a one-year term; the<br>laymember and one athletic trainer must be appointed for a two-year term; and one<br>athletic trainer must be appointed for a three-year term. Thereafter, their successors<br>must be appointed for four-year terms.3.The board each year shall elect one of its members as chairman and one as<br>secretary-treasurer to the board. The board may make rules, in accordance with<br>chapter 28-32 and not inconsistent with law, which may be necessary for the<br>performance of its duties. The board may prescribe reasonable fees for application<br>and examinations and for certificates of licensure. License fees must be used for<br>the purpose of paying the costs of per diem compensation and travel reimbursement<br>to the board. In addition, fees and other moneys collected and received by the<br>board must be used for the purpose of implementing this chapter and may be used<br>for continuing education purposes.The financial records of the board must beaudited once every two years. The audit is to be paid for out of the funds of the<br>board.4.The board shall meet at least once each year. Additional meetings may be held on<br>the call of the chairman or at the written request of any three members of the board.Page No. 1Three members constitute a quorum of the board. No action by the board or its<br>members has any effect unless a quorum of the board is present.5.The athletic trainer members of the initial board are not required to be licensed for<br>the first one hundred eighty days of their membership on the board.43-39-03. Records. The board shall keep a record of its proceedings under this chapterand a record of all persons licensed by the board. The record must show the name of every<br>living licensee and the licensee's last-known place of employment and last-known place of<br>residence and the date and number of the licensee's license certificate. Any interested person in<br>the state is entitled to a printed copy of that record on application to the board and payment of<br>such reasonable charge as may be fixed by the board based on the cost involved.43-39-04. Unlawful practice.1.No person may practice or hold that person out as being an athletic trainer in this<br>state unless that person is licensed in accordance with this chapter.2.No person may consult, teach, or supervise or hold that person out as being able to<br>consult, teach, or supervise athletic training curricular courses in this state unless<br>that person is licensed in accordance with this chapter or chapter 43-17, or<br>possesses a degree in a health-related field.3.No person may represent that person as being a licensed athletic trainer or use in<br>connection with that person's name any letters, words, or insignia indicating or<br>implying that the person is a licensed athletic trainer unless that person is licensed in<br>accordance with this chapter.43-39-05. Qualifications. To be eligible for an athletic trainer license, an applicant mustmeet all the requirements of certification established by the national athletic trainers association<br>board of certification, incorporated.43-39-06. Issuance of licenses.1.An applicant for an athletic trainer license must submit an application to the board on<br>forms prescribed by the board and submit the application fee required.2.An applicant is entitled to an athletic trainer license if the applicant possesses the<br>qualifications set forth in this chapter, satisfactorily meets approval by the board of<br>athletic trainers, pays the license fee, and has not committed an act which<br>constitutes grounds for denial of a license.43-39-07. Initial license. Any person furnishing athletic training services as an athletictrainer on July 1, 1983, must be issued a license if that person submits proof of experience and<br>credentials during the previous twelve months satisfactory to the initial board of athletic trainers<br>and pays the license fee required by this chapter. For the purposes of this section, a person is<br>furnishing athletic training services as an athletic trainer if that person serves as athletic trainer of<br>an interscholastic, intercollegiate, or professional or amateur team for the length of the<br>institution's school year, or the length of the athletic season, and performs duties involving<br>responsibilities as an athletic trainer, or meets equivalent criteria as determined by the initial<br>board. Application for an initial license under this section must be submitted within one year of<br>July 1, 1983.43-39-08.Examination required.All license applicants must pass an examinationprescribed by the board unless they show proof of passage of a board-approved equivalent<br>examination.The athletic trainer's examination must embrace such criteria as may bedetermined by the board.43-39-09. License renewal.Page No. 21.A license issued pursuant to this chapter expires one year from the date of issuance.2.Licenses must be renewed according to the procedures established by the board.3.A previously licensed person who leaves the person's position of employment as an<br>athletic trainer for any reason for one year or more and has requested license<br>renewal must show continued education credits as established and approved by the<br>board.43-39-10. Grounds for denial, suspension, or revocation of license - Application ofchapter.1.The board may refuse to issue a license to an applicant or may suspend or revoke<br>the license of a licensee if the applicant or licensee:a.Has been convicted of a felony or misdemeanor involving moral turpitude, the<br>record of a conviction being conclusive evidence of conviction.b.Uses alcohol or narcotic drugs to the extent that the use affects the person's<br>professional competency.c.Has obtained or attempted to obtain a license by fraud, deceit, or material<br>misrepresentation.d.Is guilty of treating or undertaking to treat ailments of human beings except as<br>authorized pursuant to this chapter, or undertaking to practice independent of<br>the order of a licensed physician, or is guilty of any act derogatory to the dignity<br>and morals of the profession of athletic training.2.Nothing in this chapter shall be construed to authorize the practice of medicine by<br>any person. The provisions of this chapter do not apply to physicians licensed by<br>the North Dakota state board of medical examiners; to dentists, duly qualified and<br>registered under the laws of this state who confine their practice strictly to dentistry;<br>to licensed optometrists who confine their practice strictly to optometry as defined by<br>law; to licensed chiropractors who confine their practice strictly to chiropractic as<br>defined by law; to occupational therapists who confine their practice to occupational<br>therapy; to nurses who practice nursing only; to duly licensed chiropodists or<br>podiatrists who confine their practice strictly to chiropody or podiatry as defined by<br>law; to registered physical therapists; to masseurs or masseuses in their particular<br>sphere of labor; nor to commissioned or contract physicians or physical therapists or<br>physical therapists' assistants in the United States army, navy, air force, marine<br>corps, and public health and marine health service.3.The provisions of this chapter shall not apply to persons coming into this state for a<br>specific athletic event or series of athletic events with an individual or group not<br>based in this state.4.Nothing in this chapter shall be construed to prevent schools, YMCA organizations,<br>athletic clubs, and similar organizations from furnishing athletic training services to<br>their students, players, or members.43-39-11. Penalty. Any person violating any of the provisions of this chapter is guilty ofa class B misdemeanor.Page No. 3Document Outlinechapter 43-39 athletic trainers]]>