In this subtitle the following words have the meanings indicated.
“Alternate supervising physician” means one or more physicians designated by the supervising physician to provide supervision of an athletic trainer:
During the absence of the supervising physician; and
In accordance with the evaluation and treatment protocol on file with the Board.
“Athletic individual” means an individual who participates in an athletic activity, a job function, or a job–related activity that requires physical strength, range of motion, flexibility, control, speed, stamina, or agility.
“Board” means the State Board of Physicians.
“Committee” means the Athletic Trainer Advisory Committee established under § 14–5D–04 of this subtitle.
“Dry needling” means an intramuscular manual therapy that:
Involves the insertion of one or more solid needles into the muscle and related tissues to effect change in the muscle and related tissues;
Requires ongoing evaluation, assessment, and reevaluation of an impairment;
Is used only in parts of the body with neuromuscular or musculoskeletal links to an impairment; and
Is not performed for:
The purposes of acupuncture as defined in § 1A–101 of this article; or
Any purpose outside of the scope of practice of athletic trainers.
“Evaluation and treatment protocol” means a document that is executed by a physician and an athletic trainer that meets the requirements of § 14–5D–11 of this subtitle.
“License” means a license issued by the Board to practice athletic training.
“Licensed athletic trainer” means an individual who is licensed by the Board to practice athletic training.
“Licensed health care practitioner” means an individual licensed, certified, or otherwise authorized to practice a health occupation under this article.
“National certifying board” means the National Athletic Trainers’ Association Board of Certification, Inc., or its successor organization.
“Nonsupervising physician” means a physician licensed by the Board who is not the supervising physician of the licensed athletic trainer.
“Outside referral” means a request for treatment from a nonsupervising physician or licensed health care practitioner.
“Practice athletic training” means application of the following principles and methods for managing injuries for athletic individuals in good overall health under the supervision of a licensed physician:
Prevention and wellness promotion;
Clinical evaluation, examination, assessment, and determination of a plan of care, including appropriate referrals;
Immediate care and emergency care; and
Treatment, rehabilitation, and reconditioning.
“Practice athletic training” includes:
Organization and administration of an athletic training program;
Instruction to coaches, athletes, parents, medical personnel, and community members regarding the care and prevention of injuries; and
Recognition and management of a concussion, including management of an athletic individual’s progressive return to activity.
“Practice athletic training” does not include:
The practice of:
Chiropractic, including adjustments, manipulation, or high velocity mobilizations of the spine or extremities;
Massage therapy;
Medicine;
Occupational therapy;
Physical therapy; or
Podiatry;
The reconditioning of systemic neurologic injuries, conditions, or disease; or
The treatment of disease.
“Supervising physician” means a physician who has been approved by the Board to supervise one or more athletic trainers.
“Supervision” means the responsibility of a physician to provide ongoing and immediately available instruction, in person, by telephone, or by other electronic means, that is adequate to ensure the safety and welfare of a patient and is appropriate to the setting.
This subtitle does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
The Board shall set reasonable fees for the issuance and renewal of licenses and the other services it provides to athletic trainers.
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to athletic trainers, including the cost of providing a rehabilitation program for athletic trainers under § 14–401.1(g) of this title.
The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.
The Comptroller shall distribute all fees to the Board.
The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.
There is an Athletic Trainer Advisory Committee within the Board.
The Committee consists of seven members appointed by the Board as follows:
Three licensed athletic trainers;
Three licensed physicians:
At least one of whom is a specialist in orthopedic or sports medicine; and
Two of whom previously or currently have partnered with or directed an athletic trainer; and
One consumer member.
The Board shall appoint at least one of the athletic trainer members from a list of names submitted by the Maryland Athletic Trainers Association, Inc.
Each member of the Committee licensed by the Board must be in good standing with the Board.
The consumer member of the Committee:
Must be a member of the general public;
May not be or ever have been:
An athletic trainer;
Any other health care professional; or
In training to be an athletic trainer or other health professional; and
May not:
Participate or ever have participated in a commercial or professional field related to athletic training;
Have a household member who participates in a commercial or professional field related to athletic training;
Have had within 2 years before appointment a financial interest in the provision of goods or services to athletic trainers or to the field of athletic training; or
Have had within 2 years before appointment a financial interest in a person regulated by the Board.
Each member of the Committee must be a resident of the State.
The term of a member is 3 years.
The terms of members are staggered as required by regulation.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
A member may not serve more than two consecutive full terms.
From among its members, the Committee shall elect a chair every 2 years.
The chair shall serve in an advisory capacity to the Board as a representative of the Committee.
A quorum of the Committee consists of four members.
In addition to the powers set forth elsewhere in this subtitle, the Committee:
Shall:
Develop and recommend to the Board:
Regulations to carry out this subtitle; and
Any statutory changes that affect the profession; and
Keep a record of its meetings; and
May:
Provide recommendations regarding the practice of athletic training; and
Advise the Board on any other matters related to athletic trainers.
Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice athletic training in the State.
This section does not apply to:
An athletic trainer employed in the service of the federal government while practicing within the scope of the employment;
An individual employed by or under contract with an entity located in another state who represents that entity:
At an athletic event in the State;
For a period of time not to exceed 45 days within a calendar year; and
By providing athletic training services to individuals representing the entity at the event; or
A student enrolled in an education program that meets the criteria of § 14–5D–08(c)(2) of this subtitle while engaged in an unpaid, clinical educational experience of athletic training.
To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
The applicant shall:
Be of good moral character;
Be at least 18 years old; and
Complete a criminal history records check in accordance with § 14–308.1 of this title.
The applicant shall:
Have a current certification by a national certifying board approved by the Board;
Have received a bachelor’s or master’s degree from an athletic training educational program that is accredited by the Commission on Accreditation of Athletic Training Education or its successor;
Demonstrate oral and written competency in English as required by the Board; and
Meet any other requirements established by the Board.
The Board shall waive the education requirements under this section if an individual was certified by the National Athletic Trainers’ Association Board of Certification, Inc., on or before October 1, 2012, and is currently in good standing.
To apply for a license, an applicant shall:
Complete a criminal history records check in accordance with § 14–308.1 of this title;
Submit an application to the Board on the form that the Board requires; and
Pay to the Board the application fee set by the Board.
Subject to subsection (c) of this section, the Board shall issue the appropriate license to an applicant who meets the requirements of this subtitle for that license.
On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:
The age at which the crime was committed;
The nature of the crime;
The circumstances surrounding the crime;
The length of time that has passed since the crime;
Subsequent work history;
Employment and character references; and
Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.
An athletic trainer license authorizes the licensee to practice athletic training services in the State while the license is effective.
A licensed athletic trainer shall practice athletic training in accordance with the evaluation and treatment protocol between the athletic trainer and a licensed physician.
Nothing in this title may be construed to authorize an athletic trainer to practice except under the supervision of a licensed physician.
Before an athletic trainer may practice athletic training, the athletic trainer shall:
Obtain a license under this subtitle;
Enter into a written evaluation and treatment protocol with a licensed physician; and
Except as provided in § 14–5D–11.3(a) of this subtitle, submit an original, signed copy of the evaluation and treatment protocol for Board approval.
An evaluation and treatment protocol shall:
Describe the qualifications of the licensed physician and licensed athletic trainer;
Describe the physician supervision mechanisms that the physician will use to give direction to the athletic trainer;
Describe the treatment procedures the athletic trainer may perform;
Describe tasks the athletic trainer may not perform;
Describe specialized tasks the supervising physician is delegating to the athletic trainer to perform with documentation of competencies, certification, credentials, or any other requirements established by the Board to support the delegation of the specialized tasks;
Indicate whether the athletic trainer may accept outside referrals from nonsupervising physicians and other licensed health care practitioners;
Designate an alternate supervising physician, if appropriate or necessary; and
Contain an attestation that states the supervising physician will be responsible for providing ongoing and immediately available instruction that is adequate to ensure the safety and welfare of a patient and is appropriate to the setting.
An athletic trainer may accept an outside referral from a nonsupervising physician or licensed health care practitioner if:
The supervising physician specifies in the evaluation and treatment protocol that the athletic trainer may accept referrals from a nonsupervising physician or licensed health care practitioner;
The nonsupervising physician or licensed health care practitioner has seen the athletic individual and has written an order for the care of the athletic individual; and
The treatment procedures to be used by the athletic trainer are:
Within the scope of practice of an athletic trainer; and
Included in the evaluation and treatment protocol that the athletic trainer has entered into with the supervising physician.
An athletic trainer may provide treatment for not more than 14 days to an athletic individual with an injury that affects job function or job–related activity unless the athletic trainer has received a referral from a health care provider licensed under this article other than under this subtitle to treat the individual.
For the purpose of paragraph (1) of this subsection, preventive care is not considered treatment.
Subject to the notice required under § 14–5D–11.2 of this subtitle, an athletic trainer may terminate an evaluation and treatment protocol filed with the Board under this section at any time.
In the event of the sudden departure, incapacity, or death of the primary supervising physician of an athletic trainer, or change in license status that results in the primary supervising physician being unable to legally practice medicine, an alternate supervising physician designated under subsection (c) of this section may supervise the athletic trainer for not longer than 15 days following the event.
If there is no designated alternate supervising physician or the designated alternate supervising physician does not agree to supervise the athletic trainer, the athletic trainer may not practice until the athletic trainer receives approval of a new evaluation and treatment protocol under § 14–5D–11.3 of this subtitle.
An alternate supervising physician or other licensed physician may assume the role of primary supervising physician by submitting a new evaluation and treatment protocol to the Board for approval under subsection (b) of this section.
The Board may terminate an evaluation and treatment protocol if:
The athletic trainer has a change in license status that results in the athletic trainer being unable to legally practice athletic training;
At least 15 days have elapsed since an event listed under paragraph (1) of this subsection if there is an alternate supervising physician designated under subsection (c) of this section; or
Immediately after an event listed under paragraph (1) of this subsection if there is no alternate supervising physician designated under subsection (c) of this section.
An athletic trainer whose evaluation and treatment protocol is terminated may not practice athletic training until the athletic trainer receives preliminary approval of a new evaluation and treatment protocol under § 14–5D–11.3 of this subtitle.
In the event of a sudden departure, incapacity, or death of a supervising physician, a designated alternate supervising physician may assume the role of the supervising physician by submitting an evaluation and treatment protocol to the Board within 15 days of the event.
Except as otherwise provided in this subtitle, a licensed physician may not employ or supervise an individual practicing athletic training without a license or without an approved evaluation and treatment protocol.
Except as otherwise provided in this subtitle, an employer may not employ an individual practicing athletic training without a license or without an approved evaluation and treatment protocol.
A disciplinary panel may impose a civil penalty of up to $5,000 on a person who employs or supervises an individual without a license or without an approved evaluation and treatment protocol.
A physician or an employer shall notify the Board within 10 days of the termination of an athletic trainer for reasons that would be grounds for discipline under this subtitle.
A supervising physician and an athletic trainer shall notify the Board within 10 days of the termination of the relationship under an evaluation and treatment protocol.
An athletic trainer may assume the duties under an evaluation and treatment protocol on the date that the Board acknowledges receipt of the completed evaluation and treatment protocol appropriate to the scope of practice if the protocol is given preliminary approval by Board staff and:
The evaluation and treatment protocol does not include specialized tasks; or
The evaluation and treatment protocol includes specialized tasks that the Board previously has approved under § 14–5D–11 of this subtitle.
If an evaluation and treatment protocol includes specialized tasks that have not been previously approved by the Board under § 14–5D–11 of this subtitle, an athletic trainer may only perform the specialized task after receiving written approval from the Board.
The Board may disapprove an evaluation and treatment protocol or a specialized task included in the evaluation and treatment protocol if the Board determines that:
The evaluation and treatment protocol does not meet the requirements of § 14–5D–11(c) of this subtitle;
The athletic trainer is unable to perform the specialized task safely; or
The specialized task is outside the practice scope of an athletic trainer.
If the Board disapproves an evaluation and treatment protocol or a specialized task included in an evaluation and treatment protocol, the Board shall send to the primary supervising physician and the athletic trainer written notice of the disapproval.
An athletic trainer who receives notice of a disapproval under subsection (c) of this section shall immediately cease practicing under the evaluation and treatment protocol or performing the specialized task.
An individual member of the Board is not civilly liable for any act or omission relating to the approval, modification, or disapproval of an evaluation and treatment protocol.
A licensed athletic trainer shall be approved by the Board before the licensed athletic trainer may perform dry needling as a specialized task.
The Board shall issue an approval to perform dry needling to a licensed athletic trainer who provides proof of completion of at least 80 hours of instruction in a continuing education course approved by:
The National Athletic Trainers’ Association;
The Board of Certification for the Athletic Trainer; or
The armed forces.
Of the 80 hours of instruction required under paragraph (1) of this subsection, at least 40 hours of instruction shall be in the following course content areas:
Theory and application of dry needling;
Dry needling technique, including spine and extremities;
Dry needling indications and contraindications;
Infection control, the Occupational Safety and Health Administration’s Bloodborne Pathogen Protocol, and safe handling of needles;
Emergency preparedness and response procedures related to complications associated with dry needling; and
Appropriate documentation of dry needling.
Of the 80 hours of instruction required under paragraph (1) of this subsection, at least 40 hours shall be practical, hands–on instruction in the application and technique of dry needling that is completed under the guidance of a licensed health care practitioner who:
Is approved to perform dry needling; and
Has practiced dry needling for at least 5 years.
The instruction required under this subsection shall include an assessment of the licensed athletic trainer’s competency to perform dry needling that is performed by the instructor of the approved course.
Except as provided in subsections (b) and (d) of this section, each employer of a licensed athletic trainer shall submit to the Board a report if:
The employer:
Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed athletic trainer’s clinical privileges, employment, or other ability to practice or treat patients;
Involuntarily terminated or restricted the licensed athletic trainer’s employment or staff membership; or
Asked the licensed athletic trainer to voluntarily resign because of the licensed athletic trainer’s conduct or while the licensed athletic trainer is being investigated; and
The action described under item (i) of this paragraph was taken:
For reasons that might be grounds for disciplinary action under § 14–5D–14 of this subtitle;
Because the licensed athletic trainer may have engaged in an act that may constitute unprofessional conduct;
Because the licensed athletic trainer may be unable to practice athletic training with reasonable skill and safety because of a physical or mental condition or professional incompetence; or
Because the licensed athletic trainer may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger.
A report required under paragraph (1) of this subsection shall include:
The action taken by the employer;
A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer’s action; and
The steps taken by the employer to investigate the conduct of the licensee.
The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer.
If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information.
If an employer knows that the conduct of a licensed athletic trainer requires that the employer submit a report under subsection (a)(1) of this section because the licensed athletic trainer is impaired by alcohol or another substance, the employer is not required to report the licensed athletic trainer to the Board if:
The employer knows that the licensed athletic trainer is:
In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or
Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders;
The employer is able to verify that the licensed athletic trainer remains in the treatment program until successful discharge; and
The action or condition of the licensed athletic trainer has not caused injury to any person while the licensed athletic trainer is practicing as a licensed athletic trainer.
If the employer knows that the licensed athletic trainer is noncompliant with the substance use disorder treatment program, the employer of the licensed athletic trainer shall report the licensed athletic trainer’s noncompliance to the Board.
The Board may extend the reporting under this section for good cause shown.
A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.
The Board may enforce this section by subpoena.
Any person shall have the immunity from liability described under § 5–715(d) of the Courts Article for giving any of the information required by this section.
An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report.
A report made under this section is privileged, not subject to inspection under the Public Information Act, and not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section.
A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith.
The Board shall remit any penalty collected under this subsection into the General Fund of the State.
The term of a license issued by the Board may not exceed 3 years.
A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section.
At least 1 month before a license expires, the Board shall send to the licensee a renewal notice that states:
The date on which the current license expires;
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
The amount of the renewal fee.
Except as otherwise provided in this subtitle, before a license expires, the licensee periodically may renew it for an additional term, if the licensee:
Otherwise is entitled to be licensed;
Is of good moral character;
Pays to the Board a renewal fee set by the Board; and
Submits to the Board:
A renewal application on the form that the Board requires;
Satisfactory evidence of compliance with any continuing education or competency requirements; and
Any other requirements set under this section for license renewal.
In addition to any other qualifications and requirements established by the Board, the Board may establish continuing education or competency requirements as a condition of the renewal of licenses under this section.
The Board shall renew the license of each licensee who meets the requirements of this section.
The Board shall reinstate the license of an athletic trainer who has failed to renew the license for any reason if the athletic trainer:
Applies for reinstatement;
Meets renewal and reinstatement requirements; and
Pays to the Board the reinstatement fee set by the Board.
A disciplinary panel may impose a civil penalty of up to $100 per continuing education credit in lieu of a sanction under § 14–5D–14 of this subtitle, for a first offense for failure of a licensee to obtain the continuing education credits required by the Board.
Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for:
Renewal applicants as determined by regulations adopted by the Board; and
Each former licensee who files for reinstatement under subsection (f) of this section.
On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:
The age at which the crime was committed;
The nature of the crime;
The circumstances surrounding the crime;
The length of time that has passed since the crime;
Subsequent work history;
Employment and character references; and
Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title.
A licensee shall notify the Board in writing of a change in name or address within 30 days after the change.
A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
Unless the Board agrees to accept the surrender of a license, a licensed athletic trainer may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license, if the applicant or licensee:
Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, licensee, or for another;
Fraudulently or deceptively uses a license;
Is guilty of:
Immoral conduct in the practice of athletic training; or
Unprofessional conduct in the practice of athletic training;
Is:
Professionally incompetent;
Physically incompetent; or
Mentally incompetent;
Abandons a patient;
Habitually is intoxicated;
Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article;
Provides professional services while:
Under the influence of alcohol; or
Using any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic amounts or without valid medical indication;
Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
Willfully makes or files a false report or record in the practice of athletic training;
Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
Breaches patient confidentiality;
Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any individual for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient;
Willfully makes a misrepresentation while practicing athletic training;
Willfully practices athletic training with an unauthorized individual or aids an unauthorized individual in the practice of athletic trainer services;
Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine;
Is disciplined by a licensing, certifying, or disciplinary authority or is convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
Fails to meet appropriate standards for the delivery of athletic training services;
Willfully submits false statements to collect fees for which services have not been provided;
Has been subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; and
Has:
Surrendered the license issued by the state or country; or
Allowed the license issued by the state or country to expire or lapse;
Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;
Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes;
Practices or attempts to practice beyond the authorized scope of practice;
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
Practices or attempts to practice an athletic training procedure or uses or attempts to use athletic training equipment if the applicant or licensee has not received education and training in the performance of the procedure or the use of the equipment;
Fails to cooperate with a lawful investigation conducted by the Board or a disciplinary panel;
Fails to practice under the supervision of a physician or violates the approved evaluation and treatment protocol;
Violates an order of the Board or a disciplinary panel, including any condition of probation;
Fails to complete a criminal history records check under § 14–308.1 of this title; or
Performs dry needling without the approval of the Board issued under § 14–5D–11.4 of this subtitle.
On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.
After completion of the appellate process, if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.
If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.
The Board shall pay any fines collected under this section into the General Fund of the State.
In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.
Except as otherwise provided in § 10–226 of the State Government Article, before the Board or a disciplinary panel takes any action under § 14–5D–14 of this subtitle, the Board or the disciplinary panel shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.
The hearing officer shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
The Board or a disciplinary panel may administer oaths in connection with any proceedings under this section.
Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.
The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
An order of the Board or a disciplinary panel may not be stayed pending review.
The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.
Subject to subsection (b) of this section, on the application of an individual whose license has been revoked, a disciplinary panel may reinstate a revoked license.
A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:
Meets the requirements for reinstatement as established under this title; and
Completes a criminal history records check in accordance with § 14–308.1 of this title.
Following the filing of charges or notice of initial denial of license application, the Board shall disclose the filing to the public on the Board’s Web site.
The Board shall create and maintain a public individual profile on each licensee that includes the following information:
A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5D–14 of this subtitle based on the charges or has rescinded the charges;
A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;
A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period if the Board knows of the disciplinary action;
A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5D–14(b) of this subtitle; and
The public address of the licensee.
In addition to the requirements of subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel.
The Board:
On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and
Shall maintain a Web site that serves as a single point of entry where all licensee profile information is available to the public on the Internet.
The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.
The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
Unless authorized to practice athletic training under this subtitle, a person may not:
Practice athletic training in this State;
Attempt to practice or offer to practice athletic training in this State;
Represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice athletic training in this State; or
Use the abbreviation “A.T.”, “A.T.L.”, “L.A.T.”, or any other words, letters, or symbols with the intent to represent that the person practices athletic training.
A person who violates § 14–5D–17 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
A person who violates § 14–5D–17 of this subtitle is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel.
The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
This subtitle may be cited as the “Maryland Athletic Trainers Act”.
Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act and subject to the termination of this title under § 14–702 of this title, this subtitle and all rules and regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2030.