CHAPTER 36-29
ATHLETIC TRAINERS
36-29-1 Definitions.
36-29-1.1 Practice of athletic training--Description.
36-29-2 Unlicensed practice as misdemeanor--Exemptions.
36-29-3 Qualifications for license.
36-29-3.1 Repealed.
36-29-4 Practice of medicine not authorized--Licensees exempt.
36-29-5 Repealed.
36-29-6 License fees--Promulgation of rules.
36-29-7 Repealed.
36-29-8 Athletic training council--Appointment--Terms--Meetings--Duties--Board communication.
36-29-9 Repealed.
36-29-10 Repealed.
36-29-11 Expiration of license--Renewal.
36-29-12 Repealed.
36-29-13 Repealed.
36-29-14 License renewal--Continuing education requirements--Promulgation of rules.
36-29-15 Expired license renewal--Continuing education requirements--Limitation.
36-29-16 36-29-16. Repealed by SL 2005, ch 204, § 4.
36-29-17 Promulgation of rules--Practice standards, ethics, administration.
36-29-18 Grounds for license revocation, suspension, or cancellation.
36-29-19 Initiation of proceedings to cancel, suspend, or revoke license.
36-29-20 Board majority to cancel, suspend, revoke, or reissue license.
36-29-21 Procedure to cancel, suspend, or revoke license.
36-29-22 Repealed.
36-29-23 Repealed.
36-29-24 Repealed.
36-29-25 Enforcement duties of board.
36-29-26 Investigation and report of violations.
36-29-27 Injunction against violation--Alternative to criminal prosecution.
36-29-28 Violation as misdemeanor.
36-29-29 Repealed.
36-29-30 Repealed.
36-29-1. Definitions.
Terms used in this chapter mean:
(1) "Athletic trainer," a health care professional who is licensed by the board to practice athletic training; and
(2) "Board," the State Board of Medical and Osteopathic Examiners.
Source: SL 1984, ch 255, § 1; SL 2024, ch 162, § 1.
36-29-1.1. Practice of athletic training--Description.
The practice of athletic training is the care, treatment, and prevention, under the direction of and under guidelines established by a physician licensed pursuant to chapter 36-4, of athletic injuries, illnesses, or conditions:
(1) That are related to, or that limit participation in, exercise, athletic activities, recreational activities, or activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina; and
(2) For which an athletic trainer, as a result of the athletic trainer's education and training, is qualified to provide care and to make referrals to an appropriate health care professional.
Source: SL 2024, ch 162, § 2.
36-29-2. Unlicensed practice as misdemeanor--Exemptions.
It is a Class 2 misdemeanor for any individual to practice or attempt to practice athletic training without first obtaining a license pursuant to this chapter.
Nothing in this chapter may be construed to prevent or restrict the:
(1) Activities of a student pursuing a supervised course of study leading to a degree or licensure in athletic training; or
(2) Practice of an individual:
(a) Employed by or affiliated with an individual or athletic team from a different state or jurisdiction temporarily practicing or competing in this state; and
(b) Who only practices on the individual or members of the athletic team that the individual is employed or affiliated with.
Source: SL 1984, ch 255, § 2; SL 2024, ch 162, § 3.
36-29-3. Qualifications for license.
The board shall issue a license to practice athletic training to an individual who:
(1) Submits an application prescribed by the board;
(2) Submits an application fee in an amount established by the board; and
(3) Presents evidence satisfactory to the board that:
(a) The individual has completed all qualifications established by the Board of Certification for the Athletic Trainer and has passed a nationally accredited exam approved by the State Board of Medical and Osteopathic Examiners; or
(b) The individual is certified in good standing by the Board of Certification for the Athletic Trainer.
Source: SL 1984, ch 255, § 3; SL 2005, ch 204, § 1; SL 2024, ch 162, § 4.
36-29-4. Practice of medicine not authorized--Licensees exempt.
Nothing in this chapter may be construed to authorize the practice of medicine by any person. The provisions of this chapter do not apply to any person licensed pursuant to chapters 36-4 to 36-10, inclusive, while practicing pursuant to that license.
Source: SL 1984, ch 255, § 4.
36-29-6. License fees--Promulgation of rules.
The board shall promulgate rules, pursuant to chapter 1-26, to set:
(1) Application fees, not to exceed one hundred dollars; and
(2) Licensure renewal fees, not to exceed fifty dollars.
Source: SL 1984, ch 255, § 6; SL 2024, ch 162, § 5.
36-29-8. Athletic training council--Appointment--Terms--Meetings--Duties--Board communication.
The board shall appoint an athletic training council composed of three athletic trainers who are residents of this state and who are licensed to practice athletic training in accordance with this chapter. The term of office for each member is three years. No member may serve more than three consecutive, full terms. If a vacancy occurs, the board must appoint a new member to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term.
The council shall meet at least twice each year, at a time and place set by the council, and may hold additional meetings as necessary to conduct business. The council shall meet the requirements of chapter 1-25 regarding open meetings.
The council shall:
(1) Assist the board in all matters related to the licensure, practice, education, continuing education, investigation, and discipline of athletic trainers;
(2) Make recommendations to the board regarding rules promulgated pursuant to this chapter; and
(3) Submit meeting minutes and any recommendations to the board following each council meeting.
The board shall communicate activity on all matters relating to athletic trainers with the council.
Source: SL 1984, ch 255, § 8; SL 2005, ch 199, § 68; SL 2005, ch 204, § 2; SL 2020, ch 167, § 7; SL 2024, ch 152, § 12; SL 2024, ch 162, § 6.
36-29-11. Expiration of license--Renewal.
A license issued by the board pursuant to this chapter expires on December thirty-first of the first year following its issuance.
A license may be renewed upon:
(1) Payment of the renewal fee set by the board; and
(2) Submission of evidence, satisfactory to the board, that the athletic trainer has completed the requirements referenced in § 36-29-14.
Source: SL 1984, ch 255, § 11; SL 2008, ch 191, § 69; SL 2024, ch 162, § 7.
36-29-14. License renewal--Continuing education requirements--Promulgation of rules.
In order to renew a license, an athletic trainer must:
(1) Complete the amount of continuing education hours required by the board in rules promulgated pursuant to chapter 1-26, but which may not exceed twenty-five; or
(2) Have current certification from the Board of Certification for the Athletic Trainer.
The board shall promulgate rules, pursuant to chapter 1-26, to establish acceptable forms of continuing education.
Source: SL 1984, ch 255, § 14; SL 2024, ch 162, § 8.
36-29-15. Expired license renewal--Continuing education requirements--Limitation.
The board may renew an expired license if the individual submits a written application and pays the renewal fee for the current term. The board may establish additional continuing education requirements for late license renewals.
The board may not renew an expired license under this section if the license is expired for more than five years.
Source: SL 1984, ch 255, § 15; SL 2005, ch 204, § 3; SL 2024, ch 162, § 9.
36-29-17. Promulgation of rules--Practice standards, ethics, administration.
The board shall promulgate rules, pursuant to chapter 1-26, to:
(1) Set standards for the professional practice of athletic trainers;
(2) Establish a code of ethics for athletic trainers; and
(3) Establish other rules as may be reasonably necessary for the administration of this chapter and to carry out its purpose.
Source: SL 1984, ch 255, § 17; SL 2024, ch 162, § 10.
36-29-18. Grounds for license revocation, suspension, or cancellation.
The board may revoke, suspend, or cancel the license of an athletic trainer upon any one of these grounds:
(1) The athletic trainer is guilty of fraud in the practice of athletic training or fraud or deceit in the athletic trainer's admission to the practice of athletic training;
(2) The athletic trainer has been convicted of a felony during the past five years. The conviction of a felony is the conviction of any offense, which if committed within this state would constitute a felony under its laws;
(3) The athletic trainer is engaged in the practice of athletic training under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;
(4) The athletic trainer is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to the extent as to incapacitate the athletic trainer from the performance of the athletic trainer's professional duties;
(5) The physical or mental condition of the athletic trainer is determined by a medical examiner to be such as to jeopardize or endanger those who seek relief from the athletic trainer. A majority of the board may demand an examination of the athletic trainer by a competent medical examiner selected by the board at the board's expense. If the athletic trainer fails to submit to the examination, this constitutes immediate grounds for suspension of the license;
(6) The athletic trainer obtains or attempts to obtain a license or renewal thereof by bribery or fraudulent representation; or
(7) The athletic trainer has violated any provision of this chapter or the rules promulgated pursuant to this chapter.
Source: SL 1984, ch 255, § 18; SL 2009, ch 193, § 1; SL 2024, ch 162, § 11.
36-29-19. Initiation of proceedings to cancel, suspend, or revoke license.
The proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board of Medical and Osteopathic Examiners has written information that any person may have been guilty of any misconduct pursuant to § 36-29-18 or is guilty of incompetence or unprofessional or dishonorable conduct.
Source: SL 1984, ch 255, § 19; SL 2005, ch 199, § 69.
36-29-20. Board majority to cancel, suspend, revoke, or reissue license.
A majority of the members of the board must be present at proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been canceled, revoked, or suspended. A decision of the board to suspend, revoke, cancel, or reissue a license requires a majority vote of the board members.
Source: SL 1984, ch 255, § 20; SL 2024, ch 162, § 12.
36-29-21. Procedure to cancel, suspend, or revoke license.
All proceedings relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26.
Source: SL 1984, ch 255, § 21.
36-29-25. Enforcement duties of board.
In addition to the duties set forth elsewhere in this chapter, the Board of Medical and Osteopathic Examiners shall:
(1) Recommend prosecutions for violations of this chapter to the appropriate state's attorneys; and
(2) Recommend to the attorney general the bringing of civil actions to seek injunctions and other relief for violations of this chapter.
Source: SL 1984, ch 255, § 25.
36-29-26. Investigation and report of violations.
The Board of Medical and Osteopathic Examiners shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the violation is committed.
Source: SL 1984, ch 255, § 26; SL 2021, ch 168, § 39.
36-29-27. Injunction against violation--Alternative to criminal prosecution.
If it appears, from evidence satisfactory to the board, that an individual has violated the provisions of this chapter, or that an athletic trainer has committed unprofessional or dishonorable conduct or is incompetent, the board may apply for an injunction in any court of competent jurisdiction to restrain the individual or athletic trainer from continuing to practice.
An application for an injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source: SL 1984, ch 255, § 27; SL 2024, ch 162, § 13.
36-29-28. Violation as misdemeanor.
Any person who violates any of the provisions of this chapter is guilty of a Class 2 misdemeanor.
Source: SL 1984, ch 255, § 28.
