CHAPTER Ath 100 ORGANIZATIONAL RULES
Document #12946, effective
12-20-19, adopted, readopted, readopted with amendment, or repealed all
of the rules in Chapter Ath 100. Specifically,
Part Ath 101 and Part Ath 102 were
readopted. Part Ath 103 was readopted with amendments
which deleted Ath 103.06 titled “Notice of Board Meetings”
and Ath 103.07 titled “Minutes of Board Meetings.” A
new Ath 103.06 titled “Other Organizational Rules” was adopted, and
Part Ath 104 titled “Public Information” was repealed.
Document #12801 replaced all
prior filings for rules in the former Chapter Ath 100. The
prior filings affecting the former Chapter Ath 100 included the
following documents:
Document
#8345, eff 5-7-05
Document
#9872, eff 2-24-11.
The
prior filing affecting the former Ath 103.06, Ath 103.07,
and Ath 104 was Document #8345, effective 5-7-05. The prior
filings affecting each effective rule in Chapter Ath 100 are
indicated in the source notes for each rule.
As
organizational
rules the rules in Chapter Ath 100 will not expire except pursuant to
RSA 541-A:17, II.
PART Ath 101 PURPOSE AND SCOPE
Ath 101.01 Purpose. These
rules implement the statutory responsibilities of the governing board of
athletic trainers pursuant to RSA 326-G.
Source. #8345, eff 5-7-05; ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
Ath 101.02 Scope. Pursuant
to RSA 326-G:2, these rules shall not apply to athletic training when it
consists in:
(a) Self-care by a patient;
(b) First aid by a coach;
(c) Gratuitous care by a friend or family member
who does not represent themselves as an athletic trainer;
(d) The activities of athletic training students
acting under the direction of an athletic trainer licensed, certified or
registered in any state, provided that the students are designated by a title
which clearly indicates their student status; or
(e) The activities of non-resident athletic
trainers currently licensed, certified, or registered in any state or Canada,
or currently certified by the “Board of Certification, Inc. (BOC)”, when these
activities are performed during a temporary visit in this state as set forth in
Ath 304.
Source. #8345, eff 5-7-05; ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
PART Ath 102 DEFINITIONS
Ath 102.01 "Athletic
trainer" means "athletic trainer" as defined in RSA 326-G:1, II,
namely, "a person licensed under this chapter to practice athletic
training."
Source. #8345, eff 5-7-05;
ss by #9872, eff 2-24-11; ss by #12946,
eff 12-20-19 (See Revision Note at chapter heading for Ath 100); ss
by #14373, eff 9-19-25
Ath 102.02 "Athletic
training" means "athletic training" as defined in RSA 326-G:1,
III, namely, "the practice, with respect to injuries or conditions
incurred by participants in organized or recreational sports, of:
(a) Prevention;
(b) Assessment and evaluation;
(c) Acute care, management, treatment and
disposition;
(d) Rehabilitation and reconditioning; and
(e) Education, counseling and program
administration,
Provided such care is within the
professional preparation and education of athletic trainers and under the
direction of a physician licensed in any state or in Canada."
Source. #8345, eff 5-7-05;
ss by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See
Revision Note at chapter heading for Ath 100); ss by #14373, eff
9-19-25
Ath 102.03 "Board"
means "board" as defined in RSA 326-G:1, I, namely, "the
governing board of athletic trainers established in RSA 328-F."
Source. #8345, eff 5-7-05; ss
by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See
Revision Note at chapter heading for Ath 100); ss by #14373, eff
9-19-25
Ath 102.04 RESERVED
Source. #8345, eff 5-7-05; ss
by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See
Revision Note at chapter heading for Ath 100); rsvd
by #14373
Ath 102.05 "Direction
of a physician" means contact or interaction with a licensed
physician during athletic training including but not limited to:
(a) On-site contact or interaction;
(b) Voice communications;
(c) Electronic communications; or
(d) Standing orders.
Source. #8345, eff 5-7-05; ss
by #9872, eff 2-24-11; ss by #12946, eff 12-20-19 (See
Revision Note at chapter heading for Ath 100); ss by #14373, eff
9-19-25
Ath 102.06 "National
Athletic Trainers Association Board of Certification, Inc. (NATABOC)"
means the national professional organization for athletic training which
administers a national examination and issues a national certification to
qualifying individuals.
Source. #8345, eff 5-7-05; ss
by #9872, eff 2-24-11 (from Ath 102.05); ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
Ath 102.07 RESERVED
Source. #9872, eff 2-24-11 (from Ath 102.06); ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); rsvd by #14373
Ath 102.08 "Physician"
means a doctor of medicine or a doctor of osteopathy
who holds a current license to practice from any state or in Canada.
Source. #9872, eff 2-24-11; ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
PART Ath 103 DESCRIPTION OF THE BOARD AND
BOARD MEETINGS
Ath 103.01 Composition
of the Board. Pursuant to RSA 328-F:4, IV the board shall
consist of 3 currently and fully licensed athletic trainers who have actively
engaged in the practice of athletic training in this state for at least 3
years, one physician educated in the current practice of sports medicine, and
one public member.
Source. #8345, eff 5-7-05; ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
Ath 103.02 RESERVED
Source. #8345, eff 5-7-05; ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); rsvd by #14373
Ath 103.03 Responsibilities
of the Board. The board's responsibilities include:
(a) Establishing the eligibility requirements for
initial licensure pursuant to RSA 328-F:11, I(a);
(b) Establishing the eligibility requirements for
license renewal, including any continuing competency requirements, and any
requirements for education, clinical experience, and training pursuant to RSA
328-F:11(b); and
(c) Regulating the profession of athletic
training.
Source. #8345, eff 5-7-05; ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
Ath 103.04 Board
Meetings and Quorum.
(a) The board shall meet at least quarterly; and
(b) A majority of
the board’s members shall constitute a quorum.
Source. #8345, eff 5-7-05; ss
by #12946, eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
Ath 103.05 Attendance
at Meetings By Members of the Public. Pursuant to RSA 91-A:2,
II, members of the public shall have the right to attend and record board
meetings, except for those parts of the meetings which are nonpublic sessions
as defined in RSA 91-A:3.
Source. #8345, eff 5-7-05; ss by #12946,
eff 12-20-19 (See Revision Note at chapter heading
for Ath 100); ss by #14373, eff 9-19-25
Ath 103.06 RESERVED
Source. (See Revision Note at chapter
heading for Ath 100) #12946, eff 12-20-19; rsvd by #14373
CHAPTER Ath 200 PROCEDURAL
RULES
REVISION NOTE:
Document #12946, effective 12-20-19,
repealed all of the former rules in Chapter Ath 200 and adopted a new
rule Ath 201 titled “Applicability of Ahp 200”
containing Ath 201.01 titled “Practice and Procedures.”
Document #12946 replaced all prior filings
for the former Chapter Ath 200. The prior filings
affecting the former Chapter Ath 200 included the following
documents:
#8346, eff 5-7-05
#8347, eff 5-7-05, EXPIRED 5-7-13
(in Ath 202, 213, 217, and 218)
#10226, eff 11-16-12
As practice and procedure rules, the rules
in Chapter Ath 200 in Document #12946 will not expire except pursuant
to RSA 541-A:17, II.
PART Ath 201 APPLICABILITY
OF PLC 200
Ath
201.01 Rules of Practice and
Procedures. The Plc 200 rules shall govern with regards to all procedures for:
(a) The receipt and investigation of misconduct
complaints;
(b) The conduct of adjudicative and non-adjudicative
proceedings;
(c) Rulemaking submissions, considerations, and
dispositions of rulemaking petitions;
(d) Public comment hearings;
(e) Declaratory rulings;
(f) Explanation of adopted rules;
(g) Voluntary surrender of licenses; and
(h) Waivers.
Source. (See Revision Note at chapter
heading for Ath 200) #12946, eff 12-20-19; ss by #14097, eff
10-18-24
PART Ath 217 RESERVED
Ath
217.01 – Ath 217.02
PART Ath 218 VOLUNTARY SURRENDER OF LICENSE
Ath 218.01 Procedures
for, and Effect of, Voluntary Surrender of License.
Source. #8347, eff 5-7-05; moved by
#10228 (see Ath 405.01)
CHAPTER Ath 300 REQUIREMENTS
FOR LICENSURE
REVISION
NOTE:
Document #13129, effective 6-4-20, repealed, readopted,
readopted with amendments, or readopted with amendments and renumbered various
rules in Chapter Ath 300.
The rules repealed by Document
#13129 include the following rules:
Ath 302.02 titled “Multipart
Application Form”
Ath 302.03 titled “Effect of
Notarized Signature”
The repeals
necessitated the renumbering of Ath 302.04 as Ath 302.02 as noted in the source
note for Ath 302.02, which contains the filing information for the
former Ath 302.04. Source notes for the rules readopted,
readopted with amendment, or readopted with amendment and renumbered in
Document #13129 indicate “ss by #13129”.
The prior filings affecting the
repealed Ath 302.02
included the following documents:
#8384, eff 6-22-05
#9098, eff 3-1-08
#9837, eff 12-21-10
#10503, eff 1-7-14
#10921, eff 8-29-15
The prior filings affecting the
repealed Ath 302.03 included the following documents:
#8384, eff 6-22-05
#10227, eff 11-16-12
Document #10503, effective 1-7-14, had
also repealed Ath 302.05 titled “Letters of Reference” and reserved
the number, which is now discontinued after the filing of Document
#13129. The prior filings affecting the repealed Ath 302.05
included the following documents:
#8384, eff 6-22-05
#9837, eff 12-21-10
PART Ath 301 DEFINITIONS
Ath 301.01 "National
Athletic Trainers Association Board of Certification, Inc. (NATABOC)"
means the national professional organization for athletic training which
administers a national examination and issues a national certification to
qualifying individuals, and its successor organizations.
Source. #8384, eff 6-22-05;
ss by #9098, eff 3-1-08; ss by #10841, eff 5-30-15; ss by #13129, eff 10-30-20
(see Revision Note at chapter heading for Ath 300)
PART Ath 302 APPLICATION PROCEDURE
Ath 302.01 Processing of
Applications.
(a) Applicants
who wish to apply for initial licensure as an athletic trainer shall do so by
submitting or arranging for the submission of, each of the following components
of the application packet:
(1) The application form specified in Ahp 601.01;
(2) The required documents specified
by Ath 302.02;
(3) The non-refundable application processing fee
specified by Ahp 301.02(a); and
(4) The initial license fee specified by Ahp 301.02(a).
(b) If
the board, after receiving and reviewing a completed application
packet complying with Ath 302.01, requires further information
or documents to determine the applicant's qualification for licensure, the
board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the information or documents it requires.
(c) An
application shall be considered to be completed on the first date
that the board has received:
(1) The completed application packet described in (a)
above; and
(2) Any additional information or documents which may
have been requested pursuant to (b) above.
(d) The
application shall be denied if the application packet is not complete
within 38 weeks of the receipt by the board of the application-form part of the
application packet.
(e) The
board shall issue written approval or denial of an application
within 60 days of the date that the application packet is complete.
(f) The
board shall refund the license fee, but not the application processing fee, if:
(1) The applicant withdraws the application;
(2) The application packet is not completed within
38 weeks of receipt by the board of the application-form part of the
application packet; or
(3) The board denies the application.
(g) Any
applicant wishing to challenge the board's denial of an application for initial
licensure shall:
(1) Make a written request for a hearing of the
applicant's challenge; and
(2) Submit this request to the board:
a. Within 60 days of the board’s notification of
denial; or
b. If the applicant is on active military duty outside
the United States, within 60 days of the applicant’s return to the United
States or release from duty, whichever occurs later.
Source. #8384, eff 6-22-05;
ss by #9837, eff 12-21-10; ss by #12068, eff 12-21-16; ss by #13129, eff
10-30-20
Ath 302.02 Required Documents. Applicants
for initial licensure as an athletic trainer shall provide, or arrange for the
board to receive, the following documents supporting their applications:
(a) A
passport size, 2" x 2", original head-shot photograph taken
within the immediately preceding 6 months;
(b) On a
separate sheet, a detailed report of the relevant circumstances if any of the
answers to questions from the application form specified in Ahp 601.01 are in the affirmative;
(c) Unless
the information sought is available only on a website, an official letter of
verification, issued within 6 months of the date the application was submitted,
sent directly to the board from every jurisdiction which has issued a license
or other authorization to practice stating whether:
(1) The license or other authorization is or was,
during its period of validity, in good standing, and
(2) Whether any disciplinary action was taken against
the license or other authorization to practice;
(d) Official
transcripts showing all post-secondary education:
(1) Mailed directly to the board by the issuing
institution(s); or
(2) Submitted by the applicant in one or more
envelope(s) sealed by the institution(s) in such a manner that it would be
evident to the board if the envelope(s) had been opened;
(e) A
resume presenting a chronologically organized account of paid and volunteer
work as an athletic trainer performed since first NATABOC certification
including:
(1) The period of each separate experience described by
its beginning and ending dates; and
(2) The physical address of each experience.
(f) A
letter sent directly to the board by NATABOC verifying the applicant's current
NATABOC certification and the date of expiration of the certificate; and
(g) Either:
(1) A criminal history records check form and
fingerprint card, seeking both a New Hampshire and a federal records check, in
accordance with the procedure specified by the NH department of safety
at Saf-C 5700, Operation of the Central Repository: Criminal Records, with
the required fee;
a. If the federal criminal
history records check shows the existence of a criminal record in another
state, the applicant shall obtain a detailed criminal record check directly
from that state and provide it to the board; or
(2) An original, not a photocopy, of a criminal
offender record report:
a. Issued by each state where the applicant has resided
or been licensed within the past 6 years, provided that such state(s) will.
1. Send the report to the
board; or
2. To the applicant for forwarding to
the board;
b. Covering the applicant under his or her name and any
aliases; and
c. Dated within the 6 months of the submission of the
application.
Source. #8384, eff 6-22-05;
ss by #9098, eff 3-1-08; ss by #9837, eff 12-21-10; ss by #10503, eff 1-7-14;
ss by #13129, eff 10-30-20 (formerly Ath 302.04) (see Revision Note
at chapter heading for Ath 300)
Ath 302.03 RESERVED
Source. #8384,
eff 6-22-05; ss by #9837, eff 12-21-10; rpld by
#10503, eff 1-7-14)
PART Ath 303 QUALIFICATIONS FOR LICENSURE
Ath 303.01 Eligibility Requirements. Eligibility
requirements for licensure shall be:
(a) An
academic degree which is at least a bachelor's degree;
(b) Based
on the board’s determination pursuant to RSA 332-G:7 that no military
experience is applicable to the practice of athletic training, military
experience shall not be considered when determining whether an applicant meets
the requirements for licensure.
(c) A
currently valid certificate issued by NATABOC or its successor organization;
and
(d) Good
professional character and reliability as evidenced by:
(1) The answers to the questions from the
application form specified in Ahp 601.01;
(2) Any reports related to such answers submitted
pursuant to Ath 302.02(b) or pursuant to Ath 302.02(c); and
(3) The criminal offender record report(s) required
by Ath 302.02(h).
Source. #8384, eff 6-22-05;
ss by #9098, eff 3-1-08; ss by #9837, eff 12-21-10; ss by #10503, eff
1-7-14; amd by #10921, eff 8-29-15; ss by
#13129, eff 10-30-20 (see Revision Note at chapter heading
for Ath 300)
PART Ath 304 EXEMPTION FROM LICENSURE
FOR PRACTITIONERS ON TEMPORARY VISITS IN THE STATE
Ath 304.01 Exempt Practice.
(a) No
license shall be required for a non-resident to practice temporarily as an
athletic trainer for an out-of-state sports team when:
(1) The practitioner is currently licensed, certified
or registered to practice in any state or Canada or is currently certified
by NATABOC;
(2) The practitioner is under contract to, or employed
by, the out-of-state sports team or its sponsor; and
(3) The practice does not exceed 6 consecutive or
non-consecutive weeks in any calendar year.
(b) No
license shall be required for a non-resident to practice temporarily as an
athletic trainer for a tournament, independent camp or clinic not
part of an established institution, facility, or school, or summer
camp located in this state when:
(1) The practitioner is currently
licensed, certified or registered to practice in any state or Canada
or is currently certified by NATABOC; and
(2) The practice does not exceed 42 consecutive or
non-consecutive days in any calendar year.
(c) An
athletic trainer intending to practice pursuant to (b) above for more than 10
days in a calendar year shall, before beginning practice, submit the following
information in a letter to the board:
(1) The practitioner's name;
(2) The practitioner's business address and business
telephone number, or home address and home telephone number if the practitioner
has no business address and business telephone number;
(3) The name and business address of the program for
which the practitioner intends to practice; and
(4) The beginning and ending dates of the
period(s) during which the practitioner intends to practice.
(d) An
athletic trainer required to send the letter described in (c) above shall
enclose in the letter a photocopy of his or her:
(1) Current out-of-state or Canadian
license, certification or registration; or
(2) Current NATABOC certificate.
Source. #8384, eff 6-22-05;
ss by #10227, eff 11-16-12; ss by #13129, eff 10-30-20 (see Revision Note at
chapter heading for Ath 300
CHAPTER Ath 400 CONTINUED STATUS
REVISION
NOTE:
Document
#13307, effective 12-17-21, adopted, repealed, readopted with amendments, or
readopted with amendments and renumbered various rules in Chapter Ath 400. The rule adopted by Document #13307 was Part
Ath 407 titled “Exemptions.” Ath 403.01,
Ath 403.02, and Ath 403.03 were readopted with amendments.
The
rules repealed by Document #13307 included the following rules:
Ath 402.01 titled “Procedures for
Licensees Who Do Not Wish to Renew Their Licenses.”
Ath
402.04 titled “Multipart Licensure Renewal Application Form.”
Ath
402.05 titled “Effect of the Renewal Applicant’s Signature.”
Ath
404.05 titled “Revocation of a License.”
The
repeals in Part Ath 402 necessitated the renumbering of Ath 402.02, Ath 402.03,
Ath 402.06, Ath 402.07, and Ath 402.08 as, respectively, Ath 402.01, Ath
402.02, Ath 402.03, Ath 402.04, and Ath 402.05, which were also readopted with
amendments. The repeal of Ath 404.05
necessitated the renumbering of Ath 404.06, Ath 404.07, and Ath 404.08 as,
respectively, Ath 404.05, Ath 404.06, and Ath 404.07, but these rules were not
readopted by Document #13307. Source
notes for the rules readopted with amendment and renumbered, or simply
renumbered, indicate the former rule number.
The
prior filings affecting the repealed Ath 402.01, Ath 402.05, and Ath 404.05
included the following documents:
#9099,
eff 3-1-08
#10921,
eff 8-29-15
The
prior filings affecting the repealed Ath 402.04 included the following
documents:
#9099,
eff 3-1-08
#9855-B,
eff 1-25-11
#9976,
eff 8-20-11
#10228,
eff 11-16-12
#10498,
eff 12-31-13
#10921,
eff 8-29-15
PART Ath 401 DEFINITIONS
Ath
401.01 RESERVED
Source. #9099, eff 3-1-08; ss by
#10921, eff 8-29-15
Ath 401.02 RESERVED
Source. #9099, eff 3-1-08; ss by
#10921, eff 8-29-15
PART Ath 402 PROCEDURES FOR
RENEWING A LICENSE AND INDICATING A DECISION NOT TO RENEW
Ath 402.01 License
Renewal Procedure.
(a) As provided in RSA 310:8, II, all licenses
shall expire 2 years from the date the license was issued. The filing of a
timely and complete application for license renewal by an eligible applicant
shall continue the validity of the license being renewed until final action has
been taken on the renewal application.
(b) As provided in RSA 310:8, III:
(1) Applicants shall submit
completed applications for renewal, the application-related fees for renewal,
and any supporting documents required for that renewal on or before the
expiration date of the license to the licensing bureau of the office of
professional licensure and certification (OPLC);
(2) A license shall expire
if a completed renewal application, application-related fees for renewal, and supporting documents have not
been filed on or before the expiration date of the license; and
(3) The holder of an
expired license shall not be authorized to practice unless and until the license has been reinstated or reobtained in
accordance with Plc 312.
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.02) (see Revision Note at
chapter heading for Ath 400); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
(a) The information required by Plc 308.06 on the
“Universal Application for License Renewal”, dated April 2024, as described in
Plc 308.05, that contains the information specified in Plc 308.06, the
information and documentation required in Plc 308.07, and that is signed and
attested to as required in Plc 308.08;
(b) An attestation or proof of having met
applicable continuing competence requirements, as required by applicable law;
(c) A copy of a certificate issued by the Board
of Certification (BOC) verifying certification; and
(d) The application-related fees for renewal
required by Plc 1002.06, except that applicants applying for facilitated
licensure as active military or a military spouse shall not pay the fee.
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.03) (see Revision Note at
chapter heading for Ath 400); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath 402.03 RESERVED
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.06) (see Revision Note at
chapter heading for Ath 400)
Ath 402.04 RESERVED
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.07) (see Revision Note at
chapter heading for Ath 400)
Ath 402.05 RESERVED
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; ss by #13307, eff 12-17-21 (formerly Ath 402.08) (see Revision Note at
chapter heading for Ath 400)
PART Ath 403
REINSTATEMENT OF LICENSES
Ath 403.01 Obtaining a License After Expiration,
Suspension, or Revocation.
(a) To request reinstatement of an expired
license not more than one year after the license expired, the applicant shall
complete the process for renewing a license pursuant to Plc 308 and demonstrate
compliance with Plc 312.02.
(b) An individual whose license has been expired
more than one year who wishes to obtain a license
shall apply for initial licensure pursuant to Plc 304 and demonstrate
compliance with Plc 312.03.
(c) Any license that has been suspended shall be
subject to reinstatement within 30 days of the end of the specified suspension
term or within one year of expiration of the suspended license, whichever is
later. Plc 312.04 shall govern the
reinstatement of suspended licenses.
(d) Plc 312.05 shall govern the application
process for any person whose license has been revoked who wishes to practice in
New Hampshire.
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; ss by #13307, eff 12-17-21 (see Revision Note at chapter heading for
Ath 400); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath 403.02 RESERVED
Source. #9099, eff 3-1-08; ss by #9855-A, eff
1-25-11; ss by #10498, eff 12-31-13; ss by #13307, eff 12-17-21 (see Revision
Note at chapter heading for Ath 400)
Ath 403.03 RESERVED
Source. #10921, eff 8-29-15; ss by #13307, eff
12-17-21 (see Revision Note at chapter heading for Ath 400)
Ath 403.04 RESERVED
Source. #9099, eff 3-1-08; ss by
#9855-A, eff 1-25-11; ss by #10498, eff 12-31-13; ss by #10921, eff 8-29-15
(from Ath 403.03)
PART Ath 404 REVOCATION, SUSPENSION AND OTHER
SANCTIONS
Ath
404.01 Definitions. "Sexual misconduct" means engaging
in one or more of the following activities with respect to a current client who
is not a spouse or domestic partner:
(a) Engaging in sexual relations, whether
consensual or non-consensual;
(b) Making verbal or physical sexual advances;
(c) Using sexual language or phrases;
(d) Requesting sexual favors; or
(e) Engaging in physical contact of a sexual
nature.
Source. #9099, eff 3-1-08; ss by
#10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath
404.02 Misconduct. Misconduct shall be:
(a) Knowingly, recklessly, or negligently
providing inaccurate material information to the OPLC or board or failing to
provide complete and truthful material information upon inquiry by the OPLC or
board, including during the process of applying for a license, license renewal,
or license reinstatement;
(b) Conviction without annulment in any
jurisdiction of any criminal offense which:
(1) Constitutes a sexual
offense;
(2) Constitutes a violation
of controlled substance law; or
(3) Involves:
a. Injury to a victim;
b. The risk of such injury;
or
c. Dishonesty;
(c) Failing to report to the OPLC a conviction
described in (b) above within 30 days;
(d) Violating Ath 500;
(e) Engaging in sexual misconduct with, or sexual
harassment of, a client;
(f) Engaging in the practice of athletic training
despite actual or potential inability to render care with reasonable skill and
safety by reason of illness, by reason of use of alcohol or drugs or any other
material, or by reason of mental or physical condition;
(g) Being subject to final disciplinary action by
a regulatory authority in another domestic or foreign jurisdiction;
(h) Failing to take appropriate action to
safeguard individuals from incompetent counselors and health care
practitioners, whether or not they are licensed in this state;
(i) Practicing
athletic training without a valid license; and
(j) Violating:
(1) Any provision of RSA
328-F;
(2) Any provision of RSA
326-G;
(3) Any rule adopted by the board;
(4) Any applicable ethical
or professional standard required in Plc 309; or
(5) Any state or federal law reasonably related to the licensee's
authority to practice or the licensee's ability to practice safely.
Source. #9099, eff 3-1-08; ss by
#10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath
404.03 Sanctions. Pursuant to RSA 310:12, disciplinary measures
available to the board to sanction misconduct shall be governed by Plc 311.07
through Plc 311.12.
Source. #9099, eff 3-1-08; ss by
#10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath 404.04 Procedure
for the Imposition of Sanctions.
Other than immediate license suspension authorized by RSA 541-A:30, III,
the board shall impose disciplinary sanctions only:
(a) After prior notice to the licensee in
accordance with Plc 206 and the opportunity for the licensee to be heard; or
(b) By agreement in a settlement between the
board and the that is reflected in a consent order.
Source. #9099, eff 3-1-08; ss by
#10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath
404.05 Revocation of License. The OPLC shall revoke a license when:
(a) BOC has permanently revoked the licensee's
certification; or
(b) The board and the licensee agree on
revocation in a settlement that is reflected on a consent order.
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; renumbered by #13307, eff 12-17-21 (formerly Ath 404.06); ss by
#14247, eff 5-16-25, EXPIRES: 5-16-35
Ath 404.06 Method
for Determining Sanctions. To determine which sanction or combination of
sanctions to impose, Plc 311.10 shall govern.
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; renumbered by #13307, eff 12-17-21 (formerly Ath 404.07); ss by
#14247, eff 5-16-25, EXPIRES: 5-16-35
Ath
404.07 Standards for the Selection of
Sanctions. The board shall apply the
standards in Plc 311.11 when selecting sanctions.
Source. #9099, eff 3-1-08; ss by #10921, eff
8-29-15; renumbered by #13307, eff 12-17-21 (formerly Ath 404.08); ss by
#14247, eff 5-16-25, EXPIRES: 5-16-35
PART Ath 405 VOLUNTARY SURRENDER OF LICENSE
Ath
405.01 Procedures for, and Effect of,
Voluntary Surrender of License.
Pursuant to RSA 310:4, II (d) and RSA 310:9, the procedures for, and
effect of, the voluntary surrender of a license shall be governed by Plc 205.
Source. #10228
(formerly Ath 218.01); ss by #10921, eff 8-29-15; ss by #14247, eff
5-16-25, EXPIRES: 5-16-35
PART Ath 406 ONGOING REQUIREMENTS
Ath 406.01 Obligation
to Maintain BOC Certification.
Licensees shall maintain BOC certification at all times.
Source. #9099, eff 3-1-08; renumbered
by #10228, (from Ath 405.01); ss by #10921, eff 8-29-15; ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath 406.02 Obligation
to Work Under Direction. Pursuant to
RSA 326-G:1, III, licensees shall practice athletic training under the general
direction of a physician licensed in any state or Canada.
Source. #9099, eff 3-1-08; renumbered
by #10228, (from Ath 405.02); ss by #10921, eff 8-29-15; ss by
#14247, eff 5-16-25, EXPIRES: 5-16-35
Ath
406.03 Obligation to Update Information.
Licensees shall send
to the board's office within 30 days of any changes in:
(a) Their names;
(b) Home or business physical addresses;
(c) Home or business mailing addresses;
(d) Home or business telephone number or personal
cell phone number if provided to the board; and
(e) E-mail address.
Source. #9099, eff 3-1-08; renumbered
by #10228, (from Ath 405.03); ss by #10498, eff 12-31-13; ss by
#13683 eff 9-12-23
Ath 406.04 RESERVED
Source. #9099, eff 3-1-08; renumbered
by #10228, (from Ath 405.04); ss by #10921, eff 8-29-15
Ath 406.05 Obligation
to Adhere to Ath 500. Licensees
shall adhere to the ethical standards in Ath 500.
Source. #9099, eff 3-1-08; renumbered by #10228,
(from Ath 405.05); ss by #10921, eff 8-29-15; ss by #14247, eff
5-16-25, EXPIRES: 5-16-35
Ath 406.06 Obligation to be Honest and Candid. Licensees shall be candid and truthful when:
(a) Making oral and written statements to the
board and the OPLC; and
(b) Making oral and written statements about
athletic training to the public.
Source. #9099, eff 3-1-08; renumbered
by #10228, (from Ath 405.06); ss by #10921, eff 8-29-15; ss by
#14247, eff 5-16-25, EXPIRES: 5-16-35
Ath 406.07 Obligation
to Cooperate with Investigations.
Licensees shall cooperate with the OPLC’s investigations by:
(a) Providing accurate factual information;
(b) Responding to the OPLC’s requests in a timely
fashion; and
(c) Assisting in any other way requested by the
OPLC.
Source. #9099, eff 3-1-08; renumbered
by #10228, (from Ath 405.08); ss by #10921, eff 8-29-15
(from Ath 406.08); ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath 406.08 Obligation
to Retain Evidence of Continuing Education.
Licensees shall retain documentation of their continuing professional
education and professional activities for at least 3 years.
Source. #9976, eff 8-20-11; renumbered
by #10228, (from Ath 405.09); renumbered by #10921
(from Ath 406.09); ss by #12069, eff 12-21-16;
ss by #14247, eff 5-16-25, EXPIRES: 5-16-35
Ath
406.09 Obligation to Report. Licensees shall report the following to the
OPLC within 30 days, whether applicable to themselves or other licensees:
(a) Any misdemeanor or felony conviction;
(b) Disciplinary actions by regulatory
authorities other than the New Hampshire governing board of athletic trainers;
and
(c) Any act which constitutes misconduct under
Ath 404.02.
Source. #10498, eff 12-31-13; ss by
#10921, eff 8-29-15 (from Ath 406.10); ss by #14247, eff 5-16-25,
EXPIRES: 5-16-35
PART Ath 407 EXEMPTIONS
Ath
407.01 Exemption From Licensure.
(a) The following shall not require licensure:
(1) Self-care by a patient,
first aid by a coach, or gratuitous care by a friend or family member who does
not represent himself or herself as an athletic trainer;
(2) The activities of
athletic training students acting under the direction of an athletic trainer
licensed, certified, or registered in any state, provided that the students, are designated by a title which clearly indicates
their status as athletic training students; and
(3) The activities of
athletic trainers not residents of this state, when called to perform athletic
training services during a temporary visit in this state, provided such
athletic trainers are currently licensed, certified, or registered in any state
or Canada, or are currently certified by the National Athletic Trainers
Association Board of Certification, Inc., or its successor organization.
Source. #13307, eff 12-17-21
CHAPTER Ath 500 ETHICAL STANDARDS
PART Ath 501 ETHICAL STANDARDS
Ath 501.01 Obligation
to Comply with Laws. Licensees shall comply with RSA 326-G and
its implementing rules Ath 100 through Ath 500, RSA 328-F, and all other laws as they are applicable to
them.
Source. #8407, eff 8-10-05; ss by
#9100, eff 3-1-08; ss by #10869, eff 6-27-15; ss by #14116, eff 1-20-25
Ath
501.02 Obligation to Observe Ethical Principles. Licensees
shall observe the following ethical principles:
(a) Athletic
trainers shall comply with the National Athletic Trainers’ Association (NATA)
Code of Ethics Including Shared Professional Values issued in May 2022
except as modified in (b) below.
(b) Modifications
to the NATA Code of Ethics shall replace the word “Members” with the word
“Licensees” throughout the entire document.
Source.
#8407, eff 8-10-05; ss by #9100, eff 3-1-08; ss by #10869, eff 6-27-15;
ss by #13328, eff 1-21-22; ss by #14272, EXIR, eff 8-18-25, EXPIRES: 8-18-35
APPENDIX
|
Rule |
Specific State Statute
the Rule Implements |
|
Ath
101.01 |
RSA
541-A:16, I(a) |
|
Ath
101.02 |
RSA
326-G:2 |
|
Ath 102 |
RSA
328-F:5, VI; RSA 326-G:1, III |
|
Ath
102.04 |
Reserved |
|
Ath
102.07 |
Reserved |
|
Ath
103.01 |
RSA
328-F:4, IV |
|
Ath
103.02 |
Reserved |
|
Ath
103.03(a) through (c) |
RSA
328-F:5, I |
|
Ath
103.03(d) |
2023,
79:281, III, eff. Sept. 1, 2023 |
|
Ath103.04 |
RSA
541-A:16, I(a) |
|
Ath
103.05 |
RSA
91-A:2, II; RSA 91-A:3 |
|
Ath
103.06 |
Reserved |
|
Ath 200 |
RSA 541-A:16, I(b)-(d) |
|
Ath
201 |
RSA
541-A:7 |
|
Ath
202 |
RSA
328-F:13, II |
|
Ath
217 |
RSA
541-A:11, VII |
|
Ath
218 |
RSA
328-F:13, I; RSA 541-A:7 |
|
Ath
301.01 |
RSA
541-A:7 |
|
Ath
302.01 |
RSA
328-F:4, I; RSA 328-F:11, I(f) and (g); RSA 328-F:11, II(g); RSA
328-F:18, I |
|
Ath
302.02 |
RSA
326-G:4, RSA 328-F:11, I(f) and (g); RSA328-F:25, I, RSA
541-A:16, I(b) |
|
Ath
302.03 |
RSA
328-F:4, I; RSA 328-F:11, I(f) and (g) |
|
Ath
302.04 |
RSA
326-G:4, RSA 328-F:11, I(f) and (g); RSA328-F:25, I, RSA
541-A:16, I(b) |
|
Ath
303.01 |
RSA
328-F:11, I(a); RSA326-G:4, I |
|
Ath
304 |
RSA
326-G:2, III; RSA 326-G:3 |
|
Ath
401.01 |
Reserved |
|
Ath
401.02 |
Reserved |
|
Ath
402.01(a) |
RSA
310:8, II |
|
Ath
402.01(b) |
RSA
310:8, III |
|
Ath
402.02 |
RSA
326-G:6; RSA 328-F:11, I(b),(d),(e),(f); RSA 310:8 |
|
Ath
402.03 through Ath 402.05 |
Reserved |
|
Ath
403.01 |
RSA
328-F:11, I(e) and (f) |
|
Ath
403.02 |
Reserved |
|
Ath
403.03 |
Reserved |
|
Ath
403.04 |
Reserved |
|
Ath
404.01 |
RSA
328-F:11, II(d) |
|
Ath
404.02 |
RSA
328-F:11, I(g); RSA 310:12 |
|
Ath
404.03 through Ath 404.05 |
RSA
310:12 |
|
Ath
404.06 |
RSA
541-A:16, I(b) |
|
Ath
404.07 |
RSA
541-A:16, I(b) |
|
Ath
405.01 |
RSA
326-G:4, III; RSA 326-G:6, I |
|
Ath
406.01 |
RSA
326-G:4, III; RSA 326-G:6, I |
|
Ath
406.02 |
RSA
326-G:1, III |
|
Ath
406.04 |
Reserved |
|
Ath
406.05 |
RSA
328-F:11, II(b) |
|
Ath
406.06 |
RSA
328-F:11, II(b) |
|
Ath
406.07 |
RSA
328-F:11, II(b) |
|
Ath
406.08 |
RSA
328-F:11, I(b), (d), and (e) |
|
Ath
406.09 |
RSA
328-F:11, II(b) |
|
Ath
407 |
RSA
326-G:2 |
|
Ath
500 |
RSA
328-F:11, II(b) |
APPENDIX B
Incorporation by Reference Information
|
Rule |
Title |
Obtain at: |
|
Ath 501.02(a) |
National Athletic Trainers
Association Code of Ethics March 2022 |
National
Athletic Trainers Association Health Care for Life and Sport 1620 Valwood Parkway, Suite 115 Carrollton,
TX 75006 Telephone
(214)637-2206 Downloadable
version is free online at: https://www.nata.org/sites/default/files/nata-code-of-ethics.pdf |