Commerce, Occupational and Professional Licensing

Rule R156-40a

Athletic Trainer Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 35224
Filed: 09/08/2011 05:09:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Athletic Trainer Licensing Board reviewed the rule and determined a change needs to be made to further define unprofessional conduct for licensed athletic trainers.

Summary of the rule or change:

In Section R156-40a-102, the definitions section is being added to define unprofessional conduct in the rule. In Section R156-40a-104, the term "division" is capitalized. In Section R156-40a-502, unprofessional conduct section is being added to include violating any provision of the National Athletic Trainer Association (NATA) Code of Ethics.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-40a-101
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Adds NATA Code of Ethics, published by National Athletic Trainers Association, 09/28/2005

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Adding a definition of unprofessional conduct to the rule that incorporates the National Athletic Trainers Association Code of Ethics will strengthen Division enforcement efforts in cases of unprofessional conduct. Any costs incurred with respect to printing and distribution will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed athletic trainers. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed athletic trainers. As a result, the proposed amendments do not apply to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed athletic trainers. Adding a definition of unprofessional conduct to the rule that incorporates the National Athletic Trainers Association Code of Ethics is not expected to have a cost or saving impact on individual licensees.

Compliance costs for affected persons:

The proposed amendments only apply to licensed athletic trainers. Adding a definition of unprofessional conduct to the rule that incorporates the National Athletic Trainers Association Code of Ethics is not expected to have a cost or saving impact on individual licensees. Also, there is no cost associated with obtaining a copy of the NATA Code of Ethics as it can be found on their website.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing clarifies that unprofessional conduct includes violations of the code of ethics for the profession. No fiscal impact to businesses is anticipated from this clarification.

Francine A. Giani, Executive Directoer

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2011

Interested persons may attend a public hearing regarding this rule:

• 10/20/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

11/07/2011

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-40a. Athletic Trainer Licensing Act Rule.

R156-40a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 40a, as used in this rule:

(1) "Unprofessional conduct" is further defined, in accordance with Subsection 58-1-203(1)(3), in Section R156-40a-502.

 

R156-40a-104. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 40a.

 

R156-40a-502. Unprofessional Conduct.

"Unprofessional conduct" includes violating any provision of the National Athletic Trainers Association (NATA) Code of Ethics, revised September 28, 2005, which is hereby adopted and incorporated by reference.

 

KEY: licensing, occupational licensing, athletic trainers

Date of Enactment or Last Substantive Amendment: [February 22, 2007]2011

Authorizing, and Implemented or Interpreted Law: 58-40a-101, 58-1-106(1)(a), 58-1-202(1)(a)