2012 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-39 Athletic Trainers
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CHAPTER 43-39
ATHLETIC TRAINERS
43-39-01. Definitions.
1. "Athletic trainer" means a person with specific qualifications set forth in section
43-39-05, who is providing athletic training.
2. "Athletic training" means the practice of prevention, recognition, evaluation,
management, treatment, and disposition of athletic injuries. The term also means
rehabilitation of athletic injuries, if under the order of a licensed physician. The term
includes organization and administration of educational programs, athletic facilities,
and the education and counseling of the public.
3. "Board" means the North Dakota board of athletic trainers established in section
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
one licensed physician, one layperson, and three athletic trainers. Each member must
be appointed by the governor. The members, other than the layperson, must be
appointed from lists submitted to the governor by the North Dakota athletic trainers
association for those members who are athletic trainers and from the North Dakota
medical association for the member who is a physician, for terms as provided in this
section. Each member of the board, except for the layperson, must be licensed in the
member's profession in this state and a resident of this state, must have not less than
two years' experience as a physician or athletic trainer immediately preceding
appointment, and must be actively employed in the member's profession during the
member's tenure on the board. The layperson may not be licensed in any health care
field.
2. Members must be appointed to serve four-year staggered terms to commence on July
first in the respective years of appointment and shall continue to serve until their
successors are appointed. If a vacancy occurs during a term, the governor shall
appoint a successor for the remainder of the unexpired term. No member may serve
for more than two successive four-year terms. On the initial board, one physician and
one athletic trainer must be appointed for a one-year term; the laymember and one
athletic trainer must be appointed for a two-year term; and one athletic trainer must be
appointed for a three-year term. Thereafter, their successors must be appointed for
four-year terms.
3. The board each year shall elect one of its members as chairman and one as
secretary-treasurer to the board. The board may make rules, in accordance with
chapter 28-32 and not inconsistent with law, which may be necessary for the
performance of its duties. The board may prescribe reasonable fees for application
and examinations and for certificates of licensure. License fees must be used for the
purpose of paying the costs of per diem compensation and travel reimbursement to
the board. In addition, fees and other moneys collected and received by the board
must be used for the purpose of implementing this chapter and may be used for
continuing education purposes. The financial records of the board must be audited
once every two years. The audit is to be paid for out of the funds of the board.
4. The board shall meet at least once each year. Additional meetings may be held on the
call of the chairman or at the written request of any three members of the board. Three
members constitute a quorum of the board. No action by the board or its 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 the
first one hundred eighty days of their membership on the board.
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43-39-03. Records.
The board shall keep a record of its proceedings under this chapter and a record of all
persons licensed by the board. The record must show the name of every living licensee and the
licensee's last-known place of employment and last-known place of residence and the date and
number of the licensee's license certificate. Any interested person in the state is entitled to a
printed copy of that record on application to the board and payment of 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 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
consult, teach, or supervise athletic training curricular courses in this state unless that
person is licensed in accordance with this chapter or chapter 43-17, or possesses a
degree in a health-related field.
3. No person may represent that person as being a licensed athletic trainer or use in
connection with that person's name any letters, words, or insignia indicating or
implying that the person is a licensed athletic trainer unless that person is licensed in
accordance with this chapter.
43-39-05. Qualifications.
To be eligible for an athletic trainer license, an applicant must meet all the requirements of
certification established by the national athletic trainers association 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
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
qualifications set forth in this chapter, satisfactorily meets approval by the board of
athletic trainers, pays the license fee, and has not committed an act which constitutes
grounds for denial of a license.
43-39-07. Initial license.
Any person furnishing athletic training services as an athletic trainer on July 1, 1983, must
be issued a license if that person submits proof of experience and credentials during the
previous twelve months satisfactory to the initial board of athletic trainers and pays the license
fee required by this chapter. For the purposes of this section, a person is furnishing athletic
training services as an athletic trainer if that person serves as athletic trainer of an
interscholastic, intercollegiate, or professional or amateur team for the length of the institution's
school year, or the length of the athletic season, and performs duties involving responsibilities
as an athletic trainer, or meets equivalent criteria as determined by the initial board. Application
for an initial license under this section must be submitted within one year of July 1, 1983.
43-39-08. Examination required.
All license applicants must pass an examination prescribed by the board unless they show
proof of passage of a board-approved equivalent examination. The athletic trainer's examination
must embrace such criteria as may be determined by the board.
43-39-09. License renewal.
1. 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
athletic trainer for any reason for one year or more and has requested license renewal
must show continued education credits as established and approved by the board.
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43-39-10. Grounds for denial, suspension, or revocation of license - Application of
chapter.
1. The board may refuse to issue a license to an applicant or may suspend or revoke the
license of a licensee if the applicant or licensee:
a. Has been convicted of a felony or misdemeanor involving moral turpitude, the
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
professional competency.
c. Has obtained or attempted to obtain a license by fraud, deceit, or material
misrepresentation.
d. Is guilty of treating or undertaking to treat ailments of human beings except as
authorized pursuant to this chapter, or undertaking to practice independent of the
order of a licensed physician, or is guilty of any act derogatory to the dignity and
morals of the profession of athletic training.
2. Nothing in this chapter shall be construed to authorize the practice of medicine by any
person. The provisions of this chapter do not apply to physicians licensed by the North
Dakota state board of medical examiners; to dentists, duly qualified and registered
under the laws of this state who confine their practice strictly to dentistry; to licensed
optometrists who confine their practice strictly to optometry as defined by law; to
licensed chiropractors who confine their practice strictly to chiropractic as defined by
law; to occupational therapists who confine their practice to occupational therapy; to
nurses who practice nursing only; to duly licensed chiropodists or podiatrists who
confine their practice strictly to chiropody or podiatry as defined by law; to registered
physical therapists; to masseurs or masseuses in their particular sphere of labor; nor
to commissioned or contract physicians or physical therapists or physical therapists'
assistants in the United States army, navy, air force, marine 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
specific athletic event or series of athletic events with an individual or group not based
in this state.
4. Nothing in this chapter shall be construed to prevent schools, YMCA organizations,
athletic clubs, and similar organizations from furnishing athletic training services to
their students, players, or members.
43-39-11. Penalty.
Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.
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