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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 127-A. ATHLETIC TRAINERS (HEADING. PL 1995, c. 275, @1 (new))
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Title 32 - §14351. Purpose
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14351. Purpose
The Legislature finds that the practice of athletic training affects the public health, safety and welfare and is subject
to regulation and control in the public interest. The purpose of this chapter is to protect the public from the unqualified
use of the term "athletic trainer" and from unprofessional conduct by persons licensed to use the term "athletic trainer."
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14352. Definitions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14352. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1995, c. 275, §1 (new).]
1. Athlete. "Athlete" means a physically active individual training for or participating in an amateur, educational or professional
athletic organization or any other association that sponsors athletic programs or events in the State.
[1995, c. 275, §1 (new).]
2. Athletic injury. "Athletic injury" means a disruption of tissue continuity that is sustained by an athlete or recreational athlete when that
injury:
A. Results from that individual's participation in or training for sports, fitness training or other athletic competition;
or
[1995, c. 275, §1 (new).]
B. Restricts or prevents that individual from participation in those activities.
[1995, c. 275, §1 (new).]
[1995, c. 275, §1 (new).]
3. Athletic trainer. "Athletic trainer" means a person licensed by the department to use that title after meeting the requirements of this chapter.
[1995, c. 275, §1 (new).]
4. Athletic training. "Athletic training" means:
A. Prevention of athletic injuries;
[1995, c. 275, §1 (new).]
B. Recognition and evaluation of athletic injuries;
[1995, c. 275, §1 (new).]
C. Management, treatment and disposition of athletic injuries;
[1995, c. 275, §1 (new).]
D. Rehabilitation of athletic injuries;
[1995, c. 275, §1 (new).]
E. Organization and administration of an athletic training program; and
[1995, c. 275, §1 (new).]
F. Education and counseling of athletes, recreational athletes, coaches, family members, medical personnel and communities
in the area of care and prevention of athletic injuries.
[1995, c. 275, §1 (new).]
[1995, c. 275, §1 (new).]
5. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation.
[1995, c. 275, §1 (new).]
6. Department. "Department" means the Department of Professional and Financial Regulation.
[1995, c. 275, §1 (new).]
7. Recreational athlete. "Recreational athlete" means an individual participating in fitness training and conditioning, sports or other athletic
competition, practices or events requiring physical strength, agility, flexibility, range of motion, speed or stamina and
who is not affiliated with an amateur, educational or professional athletic organization or any association that sponsors
athletic programs or events in the State.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14353. Commissioner; powers and duties
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14353. Commissioner; powers and duties
The commissioner or the commissioner's designee has the following powers and duties in addition to all other powers and duties
set forth in this chapter.
[1995, c. 275, §1 (new).]
1. Standards. The commissioner shall administer and enforce the standards under this chapter.
[1995, c. 275, §1 (new).]
2. Rules. The commissioner shall adopt rules in accordance with the Maine Administrative Procedure Act necessary to carry out the
purposes of this chapter.
[1995, c. 275, §1 (new).]
3. Complaints. The commissioner shall investigate all complaints and cases of noncompliance concerning violations of this chapter or rules
adopted by the department, made on the commissioner's own motion or on written complaint filed with the department.
[1995, c. 275, §1 (new).]
4. Contracts. The commissioner may enter into contracts to carry out the commissioner's responsibilities under this chapter.
[1995, c. 275, §1 (new).]
5. Hearings. The commissioner may conduct hearings to assist with investigations and to determine whether grounds exist for denial of
reregistration, suspension of registration or other action necessary to the fulfillment of the commissioner's responsibilities
under this chapter.
[1995, c. 275, §1 (new).]
6. Advisory council. The commissioner shall select members of the athletic training community to serve on an advisory council and to consult
with the commissioner concerning the regulation of athletic trainers. The council membership must represent each of the following
categories: high schools, clinical or industrial organizations, colleges or universities and professional sports. The department
shall solicit recommendations from the council relative to rules involving athletic trainers and may solicit the council's
advice on any other matter. The council may submit recommendations to the department concerning any matter and the department
shall consider the recommendations in making its decisions. Membership on the council is not a conflict of interest regardless
of the occupations or associations of the members.
[1995, c. 275, §1 (new).]
7. Employees. The commissioner may appoint, subject to the Civil Service Law, employees necessary to carry out this chapter and those
employees are considered to be under the department.
[1995, c. 275, §1 (new).]
8. Budget. The commissioner shall prepare a budget in accordance with Title 5, section 1665 to carry out the purposes of this chapter.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14354. Necessity for licensure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14354. Necessity for licensure
Beginning January 1, 1996 a person may not profess to be an athletic trainer or use the title "athletic trainer" alone or
in connection with other words or the initials "AT" alone or in connection with other initials, whether or not compensation
is received, unless licensed in accordance with this chapter.
[1995, c. 275, §1 (new).]
1. Athletic training. When providing athletic training to an athlete without referral from a doctor of medicine, osteopathy, podiatry or dentistry,
the athletic trainer is subject to the following requirements.
A. An athletic trainer may not make a medical diagnosis. The athletic trainer shall refer to a licensed doctor of medicine,
osteopathy, podiatry or dentistry an athlete whose physical condition, either at the initial evaluation or during subsequent
treatment, the athletic trainer determines to be beyond the scope of the practice of the athletic trainer.
[1995, c. 275, §1 (new).]
B. If there is no improvement in an athlete who has sustained an athletic injury within 15 days of initiation of treatment,
the athletic trainer shall refer the athlete to a licensed doctor of medicine, osteopathy, podiatry or dentistry or a licensed
physical therapist.
[1995, c. 275, §1 (new).]
C. If an athletic injury requires treatment for more than 45 days, the athletic trainer shall consult with, or refer the athlete
to, a licensed doctor of medicine, surgery, osteopathy, podiatry or dentistry or a licensed physical therapist. The athletic
trainer shall document the action taken.
[1995, c. 275, §1 (new).]
[1995, c. 275, §1 (new).]
2. Training of recreational athlete. When providing athletic training to the recreational athlete, for other than emergency care or the care of minor sprains,
strains and contusions, the athletic trainer shall refer the athlete to a doctor of medicine, osteopathy, podiatry or dentistry
or a licensed physical therapist.
For the treatment of the recreational athlete, for other than emergency care or the care of minor sprains, strains and contusions,
the athletic trainer must receive referral from a doctor of medicine, osteopathy, podiatry or dentistry or a licensed physical
therapist.
When providing care and treatment to the recreational athlete sustaining minor sprains, strains and contusions, the athletic
trainer is subject to the following requirements.
A. An athletic trainer may not make a medical diagnosis. The athletic trainer shall refer to a licensed doctor of medicine,
osteopathy, podiatry or dentistry an athlete whose physical condition, either at the initial evaluation or during subsequent
treatment, the athletic trainer determines to be beyond the scope of practice of the athletic trainer.
[1995, c. 275, §1 (new).]
B. If there is no improvement in a recreational athlete who has sustained an athletic injury within 15 days of initiation of
treatment, the athletic trainer shall refer the recreational athlete to a licensed doctor of medicine, osteopathy, podiatry
or dentistry or a licensed physical therapist.
[1995, c. 275, §1 (new).]
C. If an athletic injury requires treatment for more than 45 days, the athletic trainer shall consult with or refer the recreational
athlete to a licensed doctor of medicine, osteopathy, podiatry or dentistry or a licensed physical therapist.
[1995, c. 275, §1 (new).]
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14355. License violations
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14355. License violations
Beginning January 1, 1996 a person who violates section 14354 or employs an unlicensed person in violation of that section
is guilty of a Class E crime.
[1995, c. 275, §1 (new).]
div>
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether procedures
have been instituted in the District Court or whether criminal proceedings have been introduced.
[1995, c. 275, §1 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14356. Exemptions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14356. Exemptions
Nothing in this chapter prevents or restricts the practice, services or activities of:
[1995, c. 275, §1 (new).]
1. Federal employee. A person employed as an athletic trainer by the Federal Government or any federal agency if that person provides athletic
training under the direction or control of that person's employing organization;
[1995, c. 275, §1 (new).]
2. Student athletic trainer. A person fulfilling the requirements for licensure or pursuing a supervised course of study leading to a degree or certificate
in athletic training at an accredited or approved educational program if the person is designated by a title that indicates
that person's status as a student or trainee;
[1995, c. 275, §1 (new).]
3. Experience requirement. A person fulfilling the supervised practical training requirements of this chapter if that training is necessary to meet
the requirements of this chapter; or
[1995, c. 275, §1 (new).]
4. Visiting team. A person performing athletic training services in the State for an out-of-state team that is in the State for competition
at which an athletic trainer licensed under this chapter or a physician is available if these services are performed for no
more than 4 days at a time or for no more than 30 days a year.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14357. Qualifications for licensure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14357. Qualifications for licensure
1. Qualifications. To qualify for a license as an athletic trainer an applicant must:
A. Demonstrate that the applicant is trustworthy and competent to engage in practice as an athletic trainer in a manner that
safeguards the interests of the public;
[1995, c. 275, §1 (new).]
B. Be a graduate of a college or university approved by the department and have successfully completed that college's or university's
curriculum in athletic training or other curricula acceptable to the department and have completed an athletic training education
program approved by the National Athletic Trainers' Association or a program of practical training in athletic training acceptable
to the department; and
[1995, c. 275, §1 (new).]
C. Have passed the National Athletic Trainers' Association Board of Certification examination or be currently certified by
the National Athletic Trainers' Association and approved by the department.
[1995, c. 275, §1 (new).]
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14358. Applications for licensure; fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14358. Applications for licensure; fees
An applicant for initial licensure must submit a written application with supporting documents to the department on forms
provided by the department. The applicant must pay a nonrefundable application fee established by the department by rule
in an amount not to exceed $300 annually. Rules adopted pursuant to this section are routine technical rules pursuant to
Title 5, chapter 375, subchapter II-A.
[1999, c. 685, §23 (amd).]
div>
The department may license an applicant who meets the requirements of this chapter and pays the licensure fee as specified
in section 14359. The original license and the renewal license for the current year must be conspicuously displayed at the
place of employment of the licensee.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14359. Renewal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14359. Renewal
All licenses must be renewed annually on or before March 31st of each year or such other times as the commissioner may designate.
The annual licensure renewal fee must be established by the department by rulemaking and may not exceed $300. The commissioner
shall notify each licensee, at the licensee's last known address, 30 days in advance of the expiration of the license. Renewal
notices must be on forms provided by the department. A license not renewed by March 31st automatically expires. The department
may renew an expired license if the renewal application is returned within 90 days after the license expiration date and upon
payment of a late fee of $50 in addition to the renewal fee. A person who submits an application for renewal more than 90
days after the license expiration date is subject to all requirements governing new applicants under this chapter, except
that the department may in its discretion, giving consideration to the protection of the public, waive examination if the
renewal application is made within 2 years from the date of that expiration. Rules adopted pursuant to this section are routine
technical rules pursuant to Title 5, chapter 375, subchapter II-A.
[1999, c. 685, §24 (amd).]
div>
For the purposes of satisfying the continuing education requirements each application for license renewal must include current
National Athletic Trainers' Association certification.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14360. Temporary permits
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14360. Temporary permits
A temporary permit may be granted to a person who has completed the education and experience requirements of this chapter.
This permit allows the person to use the title "student athletic trainer" when practicing under the direction of a licensed
athletic trainer. This permit becomes invalid after 6 months or upon failure by the permittee of the National Athletic Trainers'
Association Board of Certification examination, whichever event occurs first. The permit may not be renewed.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14361. Revocation and reissuance
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14361. Revocation and reissuance
The department may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the department may refuse
to issue or renew a license pursuant to Title 10, subsection 8003 or the District Court may revoke, suspend or refuse to renew
a license of an athletic trainer for:
[1995, c. 275, §1 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
1. Fraud. The practice of fraud in obtaining a license under this chapter or in connection with services rendered as a licensed athletic
trainer;
[1995, c. 275, §1 (new).]
2. Addiction. Addiction to alcohol or other drugs resulting in the licensed athletic trainer's inability to perform that trainer's duties
safely and competently;
[1995, c. 275, §1 (new).]
3. Incompetency. A court finding of mental incompetency;
[1995, c. 275, §1 (new).]
4. Accomplice. Aiding a person not duly licensed as an athletic trainer in misrepresentation as an athletic trainer;
[1995, c. 275, §1 (new).]
5. Misconduct. Gross negligence, incompetency or misconduct in the practice of athletic training;
[1995, c. 275, §1 (new).]
6. Criminal conviction. Conviction of a crime subject to the limitations of Title 5, chapter 341 that if committed in the State is punishable by
one year or more of imprisonment;
[1995, c. 275, §1 (new).]
7. Violation. Violation of this chapter or any rule adopted by the department; or
[1995, c. 275, §1 (new).]
8. Unethical conduct. A finding of a violation of the National Athletic Trainers' Association Code of Professional Ethics by the National Athletic
Trainers' Association Ethics Committee or a violation of the Professional Practice and Disciplinary Procedures of the National
Athletic Trainers' Association Board of Certification by that board.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §14362. Disposition of fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127-A: ATHLETIC TRAINERS (HEADING: PL 1995, c. 275, @1 (new))
§14362. Disposition of fees
All money received pursuant to this chapter must be paid to the Treasurer of State and credited to the athletic trainers account
within the budget of the Office of Licensing and Registration.
[1995, c. 275, §1 (new); 1995, c. 502, Pt. H, §48 (amd).]
div>
Money credited to the athletic trainers account must be used for the expenses of administering its statutory responsibilities,
including, but not limited to, the costs of conducting investigations, taking testimony and procuring the attendance of witnesses,
the costs of all legal proceedings initiated for enforcement and administrative expenses.
[1995, c. 275, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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