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Athletic Trainers Penalties and Sanctions

Texas Occupations Code, Chapter 451
16 Texas Administrative Code, Chapter 110

Class A Violations

Penalty: Fine between $100 – $200.

Administrative Violations

Violation Texas Statutes
Licensee failed to provide, upon request, a plain statement of charges previously made on a bill or statement for athletic training service 16 TAC 110.70(r)
Licensee failed to notify Department of change in name or address within 30 days of change 16 TAC 110.70(w)

License Violations

Violation Texas Statutes
Failed to display current license at primary office or place of employment and/or failed to carry current license when required 16 TAC 110.70(t)
Displayed or carried photocopy of original license 16 TAC 110.70(u)

Class B Violations

Penalty: Fine between $150 – $350 and/or up to 1-year full suspension.

Unprofessional or Unethical Conduct

Violation Texas Statutes
Offered professional services to a person who was receiving the same/similar services from another individual without the knowledge of the other individual 16 TAC 110.70(o)
Billed for unreasonable or medically unnecessary services 16 TAC 110. 70(s)
Failed to report violation of Department rules to Department 16 TAC 110.70(g)

License Violations

Violation Texas Statutes
Provided athletic training services after license had expired 16 TAC 110.24(c)
Held self out as an athletic trainer after license had expired 16 TAC 110.24(c)

Class C Violations

Penalty: Fine of $300 – $500 and/or up to revocation.

Unprofessional or Unethical Conduct

Violation Texas Statutes
Failed to work under direction of qualified, licensed health professional, authorized to refer for health care services, while performing Athletic Training. 16 TAC 110.70(a)
Misrepresented professional qualifications or credentials 16 TAC 110.70(b)
Aided or abetted an unlicensed person in the practice of athletic training 16 TAC 110.70(i)
Gave or received commission, rebate, or other form of remuneration for referral of athlete for professional services 16 TAC 110.70(l)
Promoted or endorsed products in a false or misleading manner 16 TAC 110.70(d)
Violated law relating to confidential medical communications/records 16 TAC 110.70(n)
Used advertising that was false, misleading, deceptive or not readily subject to verification 16 TAC 110.70(q)
Conspired to violate any provision of athletic trainer statutes or rules

Occupations Code 451.251(a)(3);

16 TAC 110.70(x)

Standard of Care

Violation Texas Statutes
Provided health care services outside the scope of practice or not within the definition of athletic training

Occupations Code 451.251(a)(4);

16 TAC 110.12(d);

16 TAC 110.70(k)

Made false or misleading claims about the effectiveness of athletic training care 16 TAC 110.70(c)
Violated Texas Controlled Substances or Texas Dangerous Drugs acts or associated regulations 16 TAC 110.70(f)

Class D Violations

Penalty: Fine of $500 and/or revocation.

Administrative Violations

Violation Texas Statutes
Failed to comply with an order of the executive director or commission

16 TAC 110.70(j);

Occupations Code 51.353(a)

License Violations

Violation Texas Statutes
Obtained or attempted to obtain an athletic trainer license by fraud or deceit Occupations Code 451.251(a)(2); 16 TAC 60.23(a)(1)
Performed duties of an athletic trainer without holding an athletic trainer license. (Includes never held a license, had a license revoked, or had a license that expired more than three years ago.) Occupations Code 451.151; 16 TAC 110.70(y)
Held self out as an athletic trainer without holding an athletic trainer license. (Includes never held a license, had a license revoked, or had a license that expired more than three years ago.) Occupations Code 451.151; 16 TAC 110.70(y)
Provided false information to Department on application or other document or in investigation or disciplinary proceedings 16 TAC 110.70(h); 16 TAC 60.23(a)(1)
Altered license certificate or identification card issued by the Department 16 TAC 110.70(v)

Standard of Care

Violation Texas Statutes
Engaged in alcohol or drug abuse that affected athletic training care provided to a client 16 TAC 110.70(e)

Unprofessional or Unethical Conduct

Violation Texas Statutes
Discriminated in the provision of athletic training services based on race, creed, sex, religion, national origin or age 16 TAC 110.70(m)
Engaged in sexual contact or sexually exploitative behavior with a person receiving athletic training services from the licensee 16 TAC 110.70(p)