2005 Idaho Code - 54-3911 — DENIAL -- SUSPENSION AND REVOCATION OF LICENSE -- REFUSAL TO RENEW

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 39
                              ATHLETIC TRAINERS
    54-3911.  DENIAL -- SUSPENSION AND REVOCATION OF LICENSE -- REFUSAL TO
RENEW. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the
board, upon recommendation of the board of athletic trainers, may deny license
or refuse to renew a license, or may suspend or revoke a license or may impose
probationary conditions if the applicant for licensure has been found guilty
of unprofessional conduct which has endangered or is likely to endanger the
health, welfare, or safety of the public. All petitions for reconsideration of
a denial of a license application or reinstatement application must be made to
the board within one (1) year from the date of the denial. Such unprofessional
conduct includes, but is not limited to:
    (a)  Obtaining licensure by means of fraud, misrepresentation, or
    concealment of material facts;
    (b)  Being guilty of unprofessional conduct, negligence or incompetence in
    the practice of athletic training as defined by the rules established by
    the board, or violating the code of ethics adopted and published by the
    board;
    (c)  Being convicted of a felony by a court of competent jurisdiction;
    (d)  The unauthorized practice of medicine;
    (e)  Use of any advertising statements that deceive or mislead the public
    or that are untruthful;
    (f)  Making statements that the licensee knows, or should have known, are
    false or misleading regarding skill or efficacy or value of treatment or
    remedy administered by the licensee in the treatment of any condition
    pertaining to athletic training;
    (g)  Practicing or offering to practice beyond the scope of athletic
    training as defined in this chapter or which fails to meet the standard of
    athletic training provided by other qualified athletic trainers in the
    same or similar community;
    (h)  Performance of services while under the influence of alcohol,
    controlled substances or other skill impairing substances so as to create
    a risk of harm to a client;
    (i)  Commission of any act of sexual contact, misconduct, exploitation or
    intercourse with a client or former client or related to the licensee's
    practice of athletic training;
         1.  Consent of the client shall not be a defense;
         2.  This paragraph shall not apply to sexual contact between an
         athletic trainer and the athletic trainer's spouse or a person in a
         domestic relationship who is also a client;
         3.  A former client includes a client for whom the athletic trainer
         has provided athletic training services within the last twelve (12)
         months;
         4.  Sexual or romantic relationship with a former client beyond the
         period of time set forth herein may also be a violation if the
         athletic trainer uses or exploits the trust, knowledge, emotions or
         influence derived from the prior professional relationship with the
         client;
    (j)  Having been judged mentally incompetent by a court of competent
    jurisdiction;
    (k)  Aiding or abetting a person not licensed in this state who directly
    or indirectly performs activities requiring a license;
    (l)  Failing to report to the board any act or omission of a licensee,
    applicant, or any other person, which violates any provision of this
    chapter;
    (m)  Interfering with an investigation or disciplinary proceeding by
    willful misrepresentation of facts or by use of threats or harassment
    against any client or witness to prevent them from providing evidence in a
    disciplinary proceeding, investigation or other legal action;
    (n)  Failing to maintain client confidentiality unless otherwise required
    by law;
    (o)  Failing to maintain adequate records. For purposes of this paragraph,
    "adequate records" means legible records that contain, at a minimum, the
    athletic training service plan or protocol, written orders, an evaluation
    of objective findings, the plan of care and the treatment records;
    (p)  Promoting unnecessary devices, treatment, intervention or service for
    the financial gain of the practitioner or of a third party;
    (q)  Violating any provisions of this chapter or any of the rules
    promulgated by the board under the authority of this chapter.
    (2)  A denial of an application for licensure or application for
reinstatement shall be considered a contested case as provided for in chapter
52, title 67, Idaho Code, and be subject to the provisions of that chapter, as
well as the rules adopted by the board governing contested cases.
    (3)  Any person who shall be aggrieved by any action of the board in
denying, refusing to renew, suspending or revoking a licensure, issuing a
censure, imposing any restriction upon a licensee, or imposing any fine, may
seek judicial review thereof in accordance with the provisions of chapter 52,
title 67, Idaho Code.