007-33-20 Ark. Code R. § 12

Current through Register Vol. 49, No. 6, June, 2024

Rule 007.33.20-012 - State Board of Athletic Training

ARKANSAS STATE BOARD OF ATHLETIC TRAINING RULES

I. The Arkansas State Board of Athletic Training

A. Shall consist of five (5) members to be appointed by the Governor for terms of three (3) years.

1. Four members shall be athletic trainers licensed and practicing the art of athletic training in the state of Arkansas.

2. One (1) member shall not be actively engaged in or retired from the practice of athletic training, medicine, physical therapy, or employment by an athletic department of an accredited educational institution, and shall serve as the representative of the public interest. This member shall be a full voting member.

3. A member shall hold their appointment until their successor has been appointed and qualified, except when removed by the Governor.

4. At the discretion of the Board, an advisory committee may be impaneled and dissolved. This committee may consist of no more than five (5) individuals with diverse fields of interest and expertise.

5. The Board will act upon issues related to the licensure and practice of athletic trainers.

B. Officers shall:

1. Consist of a chairperson and a secretary, each of whom shall have the privilege of reelection.

2. Officers shall be elected by majority vote of the board members. Officers shall be elected annually in January unless otherwise determined by the Board.

C. Duties of Officers

1. The chairperson shall:

a. Call and preside at all meetings. In the absence of the chairperson he/she shall designate a member to preside.

b. Be a custodian of all records or designate a custodian of all records.

c. Delegate duties to Board members.

d. Vote on all issues.

2. The secretary shall:

a. Ensure that accurate minutes of each meeting are kept and distributed to each Board member.

D. Information regarding the activities of the Board may be obtained by the public from the office of the Arkansas State Board of Athletic Training. Any request or submission to the Board shall be made to the Executive Director of the Arkansas State Board of Athletic Training.

E. Meetings:

1. At least two (2) regular meetings shall be held annually. The meetings will be conducted in accordance with Robert's Rules of Order, Revised.

2. Special meetings may be called at the discretion of the chairperson, or by three (3) members of the Board, provided that all members are adequately notified.

3. All meetings shall be conducted pursuant to the Arkansas Freedom of Information Act and disciplinary proceedings shall be conducted in accordance with the Arkansas Administrative Procedures Act.

4. Three (3) members of the Board shall constitute a quorum.

5. In the case of a tie vote on any issue brought before the Board, the tie vote issue will be re-voted once and unresolved issues will be tabled until the next Board meeting.

6. Members shall receive travel expenses and a stipend for official business of the Board at the rate established by the State of Arkansas.

II. Methods of Licensure

A. Examination/Certification

1. Applicants who comply with qualifications in accordance with the Arkansas Athletic Trainers Act shall be permitted to sit for an examination approved by the Board. Applicants must meet either of the following requirements to sit for the examination:

a. The applicant must possess a baccalaureate degree from an accredited institution and meet other curriculum and internship requirements as required by the certifying testing agency as approved by the Board or

b. The applicant must be certified, and certified through the grandfathering process by the National Athletic Trainers Association on December 31,1969.

2. The examination for athletic trainers will be a reliable, valid, and legally defensible examination approved by the Board.

3. The applicant must complete the application process required by the Board.

B. Reciprocity

1. A licensed athletic trainer who has been issued a license to practice as an athletic trainer in another state may be registered and issued a license in this state by the Board provided that the state or territory in which currently licensed/registered must be at least equal to Arkansas' requirements.

2. The applicant may be required to be interviewed by the Board if his/her credentials, requirements on licensure in the other state of current professional capabilities are in question.

3. An applicant to whom the Board refused reciprocity may request a hearing before the Board.

4. The applicant must complete the application process required by the Board.

5. Licensure by reciprocity may only be granted if the state in which the applicant is currently licensed allows athletic trainers licensed in this state to be eligible for reciprocity.

C. Licensure for Active Duty Military, Returning Veterans, and Spouses

1. As used in this subsection, "returning military veteran" means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable.

2. The Board shall grant automatic licensure to an individual who holds a substantially equivalent license in another U.S. jurisdiction and is:

a. An active duty military service member stationed in the State of Arkansas;

b. A returning military veteran applying for licensure within one (1) year of his or her discharge from active duty; or

c. The spouse of a person under Rule II.C.2. a. or b.

3. The Board shall grant such automatic licensure upon receipt of all of the below:

a. Payment of the initial licensure fee;

b. Evidence that the individual holds a substantially equivalent license in another state; and

c. Evidence that the applicant is a qualified applicant under Rule II.C.2. a., b., or c.

III. Application for Licensure

A. An individual who plans to practice as an athletic trainer must secure a license prior to practicing in the state. Athletic trainers who accompany his or her team, athlete, or representative to the State of Arkansas beyond limited competition must submit an application for licensure in the state of Arkansas.

B. Credentials required for application for licensure are to be submitted to the Board and will include the following:

1. Official application from the Arkansas State Board of Athletic Training filled out by the applicant and notarized.

2. Current athletic training certification status and proof of fulfillment of continuing education requirements from a designated body approved by the Board. These will be verified by the Board.

3. Any athletic trainer partially or completely practicing in a non-clinical setting shall submit a Physician Direction Form.

4. Applicants seeking initial licensure in the state of Arkansas may submit an application prior to sitting for the Board approved qualifying exam.

C. Applicants who are currently licensed / registered in another state or territory and are requesting the same in Arkansas by reciprocity shall submit:

1. Official application from the Arkansas State Board of Athletic Training filled out by the applicant and notarized.

2. Proof of current athletic training certification from a designated body approved by the Board. This will be verified by the Board.

3. Verification of licensure/registration from agencies where currently licensed or registered, if requested by the Board.

4. Any athletic trainer partially or completely practicing in a non-clinical setting shall submit a Physician Direction Form.

D. All applicants shall pay the required fees.

IV. Temporary Permit

A. A temporary nonrenewable permit for one year may be sought by a candidate who has met all of the requirements to sit for a certification examination by the certifying agency approved by the Board or

B. A temporary nonrenewable permit for one year may be sought by a candidate who has met all of the requirements to sit for a licensure examination by the certifying agency approved by the Board. The only candidates eligible to take the licensure exam are those that are certified, and certified through the grandfathering process by the National Athletic Trainers association on December 31,1969.

C. An application for a temporary permit can be obtained from the Board and should be submitted to the Board. The application should include:

1. Official application from the Arkansas State Board of Athletic Training for a temporary permit filled out by the applicant and notarized.

2. Proof of eligibility to sit for the certification or licensure exam from the certifying agency approved by the Board and mailed to the Board from the certifying agency.

3. Any candidate applying for a temporary permit who will be partially or completely practicing in a non-clinical setting shall submit a Physician Direction Form.

D. All applicants shall pay all required fees.

V. Renewals, Payments and Recording

A. Applications for renewal shall include:

1. Renewal form and

2. Certification Status Form and

3. Physician Direction Form

B. Licenses must be renewed annually at a fee established by the Board.

1. Unrenewed licenses become inactive as of a date established by the Board. To return to regular status, a reactivation fee must be paid.

2. Licenses reactivated 90 days after the renewal date will be assessed a late fee in addition to the renewal fee and the reactivation fee.

3. Individuals interested in being placed on inactive status must submit a written request to the board. An Athletic Trainer on inactive status may not engage in the provision of athletic training services.

C. The temporary nonrenewable athletic trainers permit will expire one year after the date of application. The temporary permit fee will be paid quarterly. Any non-payment of quarterly fees will revoke the nonrenewable temporary permit. The temporary permit fee will be established by the Board.

VI. Fees

Athletic trainers shall be required to pay the following fees:

Total fee to mail with exam/certification application:	$125.00
* Licensure by Examination/Certification Application Fee:	$25.00
* Licensure by Examination/Certification Initial Licensure Fee:	$100.00
Total fee to mail with application:	$75.00
* Licensure by Exam/Certification/Reciprocity for full time graduate students already BOC Certified Application Fee:	$25.00
* Licensure by Exam/Certification/Reciprocity for full time graduate students already BOC Certified Initial Licensure Fee:	$50.00
Total fee to mail with reciprocity application:	$125.00
* Licensure by Reciprocity Application Fee:	$25.00
* Licensure by Reciprocity Initial Licensure Fee:	$100.00
Total fee to mail with application:	$325.00 *
* Temporary Permit Application Fee:	$25.00
* Temporary Permit Licensure Fee:	$300.00** quarterly

*The application fee is due only once with the first temporary permit application. A reminder of quarterly payment due will not be sent to the person holding a temporary permit. Unpaid quarterly permits become inactive on the 10th day after the quarterly payment fee deadline. * *This fee is a total of $ 1200.00 annually, but can be paid on a quarterly basis.

License Renewals:

Licenses are effective from July 1 to June 30th of the following year. Renewal fees are due upon receipt of the renewal notice. Those graduate students already BOC certified must provide a letter from a responsible party at the University where they have full time graduate student status indicating their full time student status. Unrenewed licenses become inactive as of July 1. To return to regular status, a reactivation fee must be paid in addition to the renewal fee. Licenses reactivated after September 30th will be assessed a late fee in addition to the renewal fee and the reactivation fee.

* Renewal Fee:	$50.00
* Renewal Fee:	$25.00 for graduate student already BOC certified
* Reactivation Fee:	$75.00
* Late Fee:	$100.00

VII. Disciplinary Action/Penalties

A. The Board may refuse to license, refuse to renew a license, revoke a license or temporary permit and/or take other disciplinary action as provided by law regarding any athletic trainer who is guilty of any of the acts set forth in Section 12 of the Arkansas Athletic Trainers Act. A revoked license must be returned to the Board office immediately upon notification of the revocation. The Board is required to report the revocation to the board approved certifying agency.

B. Each facility offering athletic training services shall be required to publicly display the name and address of the Arkansas State Board of Athletic Training.

C. Any person may file a complaint in writing to the Board against any licensed athletic trainer in this state, charging said person with having violated the provisions of any part of the Arkansas Athletic Trainers Act. The Board may act upon its own motion or upon the complaint of any individual in writing and signed by the complaining party. The person named in the complaint will be notified and a response from that individual will be requested.

VIII. Supervision of the Athletic Trainer

A. In a non-clinical traditional setting, the athletic trainer shall practice the art and science of athletic training under the direction of a physician licensed in the state of Arkansas.

B. In a clinical setting, the athletic trainer may practice athletic training in a hospital or outpatient clinic under the direct supervision of a physical therapist.

IX. Continuing Education Requirements

Continuing education requirements will be mandated by, collected by, and verified by the certifying agency approved by the Board.

X. Pre-Licensure Background Check

A. Pursuant to A.C.A. § 17-2-103, an individual may petition for a pre-licensure determination of whether the individual's criminal record will disqualify the individual from licensure and whether a waiver may be obtained.

B. The individual must obtain the pre-licensure criminal background check petition form from the Board.

C. The Board will respond with a decision in writing to a completed petition within a reasonable time.

D. The Board's response will state the reasons for the decision.

E. All decisions of the Board in response to the petition will be determined by the information provided by the individual.

F. Any decision made by the Board in response to a pre-licensure criminal background check petition is not subject to appeal.

G. The Board will retain a copy of the petition and response and it will be reviewed during the formal application process.

XI. Request for Waiver of Disqualifying Criminal Conviction

A. If an individual has been convicted of an offense listed in A.C.A. § 17-2-102(a), except those permanently disqualifying offenses found in subsection (e), the Board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:

1. An affected applicant for a license; or

2. An individual holding a license subject to revocation.

B. The Board may grant a waiver upon consideration of the following, without limitation:

1. The age at which the offense was committed;

2. The circumstances surrounding the offense;

3. The length of time since the offense was committed;

4. Subsequent work history since the offense was committed;

5. Employment references since the offense was committed;

6. Character references since the offense was committed;

7. Relevance of the offense to the occupational license; and

8. Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

C. A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees. A request for waiver, if made by a licensee, must be in writing.

D. The Board will respond with a decision in writing and will state the reasons for the decision.

E. An appeal of a determination under this section will be subject to the Administrative Procedures Act § 25-15-201et seq.

Definitions

The following words and terms, when used in these rules, have the following meanings:

1.Supervising/Directing Physician: A person holding current unrestricted license to engage in the practice of medicine or osteopathy. Other physicians who act on a referral basis with athletic trainers will hold a current unrestricted license to engage in the practice of chiropractic, dentistry, optometry, and podiatry in the state of Arkansas.

2.Certification Examination: Reliable, legally defensible examination approved by the board for determining minimum competency in athletic training.

3.Licensure Examination: An examination administered for those athletic trainers who are certified and certified through the grandfathering process by the National Athletic Trainers Association on December 31,1969.

4.Limited Competition: Shall allow visiting athletic trainers appropriately credentialed in their own state to perform athletic training in the state of Arkansas in a traditional setting for a time period not to exceed 14 days. However, while in the state of Arkansas, all athletic trainers must abide by Arkansas laws and rules. Any person providing athletic training duties beyond the 14 days shall be subject to licensure requirements. Any person seeking exemption from this requirement must submit such request in writing to the Arkansas State Board of Athletic Training.

5.Supervision of the athletic trainer in a clinical setting: The supervising physical therapist must be readily available for consultation for the care of the athlete but not necessarily on the premises.

6.Supervision of the athletic trainer in a non-clinical traditional setting: The supervising physician must be readily available for consultation for the care of the athlete but not necessarily on the premises. The supervising/directing physician must submit an annual Physician Direction Form to the Arkansas State Board of Athletic Training with the athletic trainer's licensure/perm it request to the State of Arkansas.

7.Supervision of athletic training interns or students: Athletic training interns or students performing acts of athletic training incidental to their courses of study must be under the supervision of a licensed athletic trainer. Supervision means daily personal/verbal contact at the site of supervision between the athletic training student and the licensed athletic trainer who plans, directs, advises and evaluates the students' athletic training field experience. The licensed athletic trainer shall be physically present to intervene on behalf of the athlete.

8.Athletic Training does not include activities such as prophylactic taping, stretching, first aid, and referral of injured/ill athletes to appropriate medical personnel or facility. These services are considered "sports first aid". Athletic training does include return to play decisions, modality treatments and rehabilitation.

007.33.20 Ark. Code R. § 012

Adopted by Arkansas Register Volume MMXX Number 13, Effective 7/3/2020