ARC 7930C
PROFESSIONAL LICENSURE DIVISION[645]
Adopted and Filed
Rulemaking related to discipline
The Board of Athletic Training hereby rescinds Chapter 353, “Discipline for Athletic Trainers,” Iowa Administrative Code, and adopts a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code chapter 152D and sections 147.36, 272C.3 and 272C.10.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 152D and 272C.
Purpose and Summary
The rulemaking defines actions that are inconsistent with professional standards for licensees, which are established to protect the consumer and colleagues. Actions inconsistent with professional standards could result in disciplinary actions against a practitioner’s license. 
The 19 boards in the legacy Health and Human Services Bureau of Professional Licensure have similar disciplinary standards for all professions. For this reason, one shared disciplinary chapter has been created that applies to all professions. This chapter contains only those disciplinary grounds that are unique to the athletic training licensees and are therefore excluded from the general disciplinary chapter.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 24, 2024, as ARC 7555C. Public hearings were held on February 13 and 14, 2024, at 2:50 p.m. at 6200 Park Avenue, Des Moines, Iowa. No one attended the public hearings. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Board on March 12, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 645—Chapter 18.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rulemaking will become effective on June 5, 2024.
The following rulemaking action is adopted:
	Item 1. Rescind 645—Chapter 353 and adopt the following new chapter in lieu thereof:
CHAPTER 353
DISCIPLINE FOR ATHLETIC TRAINERS
645—353.1(152D) Definitions.
“Board” means the board of athletic training.
“Discipline” means any sanction the board may impose upon licensees.
“Licensee” means a person licensed to practice as an athletic trainer in Iowa pursuant to Iowa Code chapter 152D and 645—Chapters 351 to 353.
645—353.2(152D,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in 645—Chapter 13 when the board determines that any of the following acts or offenses listed in such chapter or in Iowa Code section 147.55 have occurred:
	353.2(1) Professional incompetency. Professional incompetency includes, but is not limited to:
	a. 	A substantial lack of knowledge or ability to discharge professional obligations within the scope of practice.
	b. 	A substantial deviation from the standards of learning or skill ordinarily possessed and applied by other athletic trainers in the state of Iowa acting in the same or similar circumstances.
	c. 	A failure to exercise the degree of care that is ordinarily exercised by the average athletic trainer acting in the same or similar circumstances.
	d. 	Failure to conform to the minimal standard of acceptable and prevailing practice of a licensed athletic trainer in this state.
	353.2(2) Violation of a regulation, rule or law of this state, another state, or the United States, which relates to the practice of athletic training.
	353.2(3) Failure of a licensee or an applicant for licensure in this state to report any voluntary agreements restricting the individual’s practice of athletic training in another state, district, territory or country.
	353.2(4) Knowingly aiding, assisting, or advising a person to unlawfully practice as an athletic trainer.
	353.2(5) Representing oneself as a licensed athletic trainer when one’s license has been suspended or revoked, or when one’s license is on inactive status.
These rules are intended to implement Iowa Code chapters 147, 152D and 272C.
[Filed 4/12/24, effective 6/5/24]
[Published 5/1/24]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/1/24.