South Carolina Code of Regulations › Chapter 81 - DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF MEDICAL EXAMINERS › Article 12 - ACADEMIC LICENSES › Section 81-503 - Standards of Conduct

Current through Register Vol. 48, No. 6, June 28, 2024
(A) In addition to the grounds provided in South Carolina Code Section 40-1-110, upon finding misconduct that constitutes one or more of the grounds for disciplinary action, the Board of Medical Examiners may cancel, fine, suspend, revoke, issue a private or public reprimand or restrict, including probation or other reasonable action, such as requiring additional education or training or limitation on practice, the authorization to practice of an athletic trainer who has engaged in misconduct.
(B) "Misconduct" that constitutes grounds for disciplinary action is a showing to the Board by the preponderance of evidence that a licensee has:
(1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in connection with any of the certification requirements or official documents required;
(2) been convicted of, pled guilty to, or pled nolo contendere to a felony or violated a federal, state, or local law involving alcohol or drugs;
(3) been addicted to alcohol or drugs to such a degree as to render the licensee unfit to perform as an athletic trainer;
(4) sustained a physical or mental disability that renders further practice dangerous to the public or attempted to practice when judgment or physical ability is impaired by mental illness, alcohol, drugs, or other substances;
(5) obtained fees or assisted in the obtaining of such fees under dishonorable, false, or fraudulent circumstances;
(6) engaged in dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(7) disregarded an order by a physician concerning care or treatment of a patient;
(8) after initiating care of a patient, discontinued such care or abandoned the patient without the patient's consent or without providing for the further administration of care by an equal or higher medical authority;
(9) revealed confidences entrusted to him or her in the course of medical attendance, unless such revelation is required by law or is necessary in order to protect the welfare of the patient or the community;
(10) by action or omission, and without mitigating circumstance, contributed to or furthered the injury or illness of a patient under the care of an athletic trainer;
(11) performed skills above the level for which an athletic trainer is certified or performed skills for which he or she has no training to perform;
(12) observed the administration of substandard care by another athletic trainer or other healthcare provider without documenting the event and notifying a supervisor or physician;
(13) by action or omission, created a substantial possibility that death or serious physical harm could result;
(14) falsified any documentation required by the Board;
(15) been convicted of or sanctioned for illegal or unauthorized practice;
(16) knowingly performed an act that in any way assists an unlicensed person to practice;
(17) intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation of or conspiring to violate the laws governing the practice of athletic trainers;
(18) violated the applicable code of ethics adopted by the Board or has been found by the Board to lack ethical or professional competence to practice;
(19) failed to cooperate with an investigation or other proceeding of the Board;
(20) failed to comply with an order, subpoena, or directive of the Board or Department;
(21) failed to prepare or maintain an adequate patient record of care provided, including, but not limited to, failure to maintain timely, legible, accurate, and complete medical records as required by regulation;
(22) engaged in behavior that exploits the athletic trainer-patient relationship in a sexual way. This behavior is nondiagnostic and nontherapeutic, may be written, verbal or physical and may include expressions of thoughts and feelings or gestures that are sexual or that reasonably may be construed by a patient as sexual. This behavior includes sexual contact with patient surrogates or key third parties;
(23) failed to appear before the Board after receiving a formal notice to appear;
(24) failed to report to the Board any adverse disciplinary action by another United States licensing jurisdiction, by any professional association, law enforcement agency, including arrest, or a court, including indictment, for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as provided for in this section.