Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-6 - COMPLIANCE AND DISCIPLINARY ACTION › Appendix B - Complaint/Investigative/Disciplinary Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
Filing a Complaint
* Complaints are only accepted in writing on the Alabama Board
				of Athletic Trainers official complaint form.
* Anonymous or oral complaints are not accepted.
* Individuals may make an inquiry about filing a complaint to
				the Executive Secretary via phone, mail, email, or fax.
* If the individual decides to make a formal complaint, the
				Executive Secretary will provide the individual an official complaint
				form.
* After receiving the complaint form, the individual fills it
				out, signs and has it notarized, and mails it back to the Executive
				Secretary.
Procedures after Receipt of the Complaint
* The Executive Secretary shall date-stamp the complaint form
				upon receipt.
* The Executive Secretary shall ascertain whether or not the
				individual named in the complaint is currently licensed by the Board.
* The Executive Secretary shall inform the complainant in
				writing if the individual is not licensed, thus falling outside the Board's
				jurisdiction.
* The Executive Secretary shall assign a number to the
				complaint if verified to be a valid licensee. The number shall begin with the
				year the complaint is filed.
* The Executive Secretary will forward the complaint form to
				the Board Vice-Chairman, who serves as the Chairman of the Professional
				Practice and Disciplinary Committee (PP&D).
* The Chairman of the PP&D Committee shall activate and
				instruct the PP&D Committee to commence investigation of the
				complaint.
* The PP&D Committee shall review the initial complaint to
				determine whether a licensee violated a statutory rule or administrative
				regulation.
* If a complaint falls within the Board's jurisdiction, notice
				will be sent to the complainant that the PP&D Committee has been
				activated.
* If the initial complaint states a cause of action, the
				PP&D Committee shall then notify the licensee that an initial complaint has
				been filed against him / her. This shall be done by sending the licensee a copy
				of the initial complaint and a certified letter describing the disciplinary
				process, including dates by which the licensee must respond.
* After the licensee has responded, the PP&D Committee
				reviews the licensee's response and makes a formal recommendation to the
				Board.
Recommendation to the Board / Action by the
				Board
* The PP&D Committee makes a formal recommendation to the
				Board by giving a brief description of their findings without revealing the
				identity of the accused licensee.
* The recommendation concludes by stating one of the
				following:
1. The PP&D Committee
			 recommends the Board take no disciplinary action.
2. The PP&D Committee recommends the
			 Board take disciplinary action which may include paying a fine, license
			 suspension, or license revocation.
3. The PP&D Committee recommends the
			 Board settle the matter by having the licensee make a required corrective
			 action.
* After the recommendation concludes, the Board may then hold
				discussion and vote on whether it will accept, reject, or modify the PP&D
				Committee's recommendation.
* If the Board votes to take no action, the initial complaint
				file is closed and a letter is sent to the licensee and the complainant stating
				that the initial complaint file has been closed.
* If the Board decides to take disciplinary action, the Board
				initiates formal disciplinary procedures by filing an administrative
				complaint.
Administrative Complaint Procedure
* The Board shall draft an administrative complaint stating
				specific findings and citing specific rules or regulations that were violated
				by the licensee.
* The administrative complaint is filed by the Executive
				Secretary with an administrative law judge.
* The administrative law judge administers the complaint until
				a final hearing is held.
* At the hearing, an administrative law judge administers the
				hearing, and any Board members that did not review the initial complaint hear
				evidence and decide if disciplinary action is warranted.
Reasons for Rejection, Revocation, or Suspension of
				License
1. The reasons for
			 rejection, revocation, or suspension of license as set forth in the Alabama
			 Athletic Trainers Licensure Act, Code of Alabama Section
			 34-40-10,
			 are examples of prohibited acts for which the Board may reject, revoke, or
			 suspend a license, but are not an all inclusive or exhaustive list of such
			 prohibited acts.
2. The Board may
			 refuse to issue a license certificate to any person and, after notice and
			 hearing pursuant to its regulation and rules, may suspend or revoke the license
			 certificate of any person who has committed any of the following prohibited
			 acts:
A. Practicing athletic training other
			 than under the direction or referral, or both, of a physician licensed in the
			 State of Alabama to practice medicine or surgery.
B. Practicing athletic training without a
			 current and valid license, including a revoked or suspended license.
C. Obtaining or attempting to obtain a
			 license by fraud or deception.
D.
			 Renewing or attempting to renew a license by fraud or deception.
E. Using mind altering substances to an
			 extent which affects professional competency. These substances include
			 prescription medications, alcohol, illegal drugs, and any other mind-altering
			 chemicals.
F. Being adjudged
			 mentally incompetent by a court of competent jurisdiction.
G. Being grossly negligent in the practice of
			 athletic training and failing to practice athletic training with a level of
			 skill which is recognized by a reasonably prudent athletic trainer as being
			 acceptable under similar circumstances and conditions.
H. Being guilty of conduct detrimental to the
			 best interest of the public, including violation of any state or federal
			 controlled substance law.
I.
			 Practicing athletic training outside of the scope of practice as defined in the
			 Alabama Athletic Trainers Licensure Act, Code of Alabama Section
			 34-40-2(5),
			 including treating or undertaking to treat human ailments otherwise than by
			 athletic training and according to standards established by the
			 Board.
J. Advertising unethically
			 according to standards set by the Board.
K. Failing or refusing to obey any lawful
			 order or regulation of the Board.
L. Unlawful invasion of the field of practice
			 of any other profession.