Idaho State Statutes - Idaho Attorney Directory

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.

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