Public Law, Chapter 402, Part JJ, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART JJ

Sec. JJ-1. 32 MRSA §14351, as enacted by PL 1995, c. 275, §1, is amended to read:

§ 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" unlicensed persons professing to be "athletic trainers" and from unprofessional conduct by persons licensed to use the term "athletic trainer."

Sec. JJ-2. 32 MRSA §14353, as enacted by PL 1995, c. 275, §1, is amended to read:

§ 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.

1. Standards. The commissioner shall administer and enforce the standards under this chapter.

2. Rules. The commissioner shall adopt rules in accordance with the Maine Administrative Procedure Act necessary to carry out the purposes of this chapter.

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.

4. Contracts. The commissioner may enter into contracts to carry out the commissioner's responsibilities under this chapter.

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.

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 may 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.

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.

8. Budget. The commissioner shall prepare a budget in accordance with Title 5, section 1665 to carry out the purposes of this chapter.

Sec. JJ-3. 32 MRSA §14355, as enacted by PL 1995, c. 275, §1 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§ 14355. License violations

Beginning January 1, 1996 a A person who violates section 14354 or employs an unlicensed person in violation of that section is guilty of a Class E crime is subject to the provisions of Title 10, section 8003-C.

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.

Sec. JJ-4. 32 MRSA §14357, sub-§1, ¶B, as enacted by PL 1995, c. 275, §1, is amended to read:

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 its successor or other organization approved by the department or a program of practical training in athletic training acceptable to the department; and

Sec. JJ-5. 32 MRSA §14357, sub-§1, ¶C, as enacted by PL 1995, c. 275, §1, is amended to read:

C. Have passed the National Athletic Trainers' Association Board of Certification examination or be currently certified by the National Athletic Trainers' Association and or its successor or other organization approved by the department.

Sec. JJ-6. 32 MRSA §14358, as amended by PL 1999, c. 685, §23, is further amended to read:

§ 14358. 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 The Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.

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.

Sec. JJ-7. 32 MRSA §14359, as amended by PL 1999, c. 685, §24, is further amended to read:

§ 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 license renewal fee as set under section 14358 must be paid by the licensee. Licenses issued under this chapter expire annually on their anniversary date or as otherwise provided by the commissioner. Any license not renewed by its date of expiration automatically expires. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 14358. 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 received, together with the late fee and renewal fee, 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 2-A.

For the purposes of satisfying the continuing education requirements , each application for license renewal must include current certification by the National Athletic Trainers' Association certification or its successor or other organization approved by the department.

Sec. JJ-8. 32 MRSA §14360, as enacted by PL 1995, c. 275, §1, is amended to read:

§ 14360. Temporary licenses

A temporary permit license may be granted to a person who has completed the education and experience requirements of this chapter and has submitted the license fee as set under section 14358. This permit license allows the person to use the title "student athletic trainer" when practicing under the direction of a licensed athletic trainer. This permit license becomes invalid after 6 months or upon failure by the permittee licensee of the National Athletic Trainers' Association Board of Certification examination, whichever event occurs first. The permit license may not be renewed.

Sec. JJ-9. 32 MRSA §14361, as enacted by PL 1995, c. 275, §1 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.

Sec. JJ-10. 32 MRSA §14361-A is enacted to read:

§ 14361-A. Denial or refusal to renew license; disciplinary action

In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the department may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

1. Addiction. Addiction to alcohol or other drugs resulting in the licensed athletic trainer's inability to perform that trainer's duties safely and competently;

2. Incompetency. A court finding of mental incompetency;

3. Accomplice. Aiding a person not duly licensed as an athletic trainer in misrepresentation as an athletic trainer; or

4. Unethical conduct. A finding by the National Athletic Trainers' Association's Ethics Committee of a violation of the National Athletic Trainers' Association's Code of Ethics or a finding by the National Athletic Trainers' Association's Board of Certification's Professional Practice and Discipline Committee of a violation of the Board of Certification's Standards of Professional Practice or findings by successor or other organizations with respect to codes of ethics approved by the department.

Sec. JJ-11. 32 MRSA §14362, as enacted by PL 1995, c. 275, §1 and amended by PL 1995, c. 502, Pt. H, §48, is repealed.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842