DEPARTMENT OF REGULATORY AGENCIES Office of Athletic Trainer Registration EMERGENCY OFFICE OF ATHLETIC TRAINER REGISTRATION RULES 4 CCR 73-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] Basis The authority for the promulgation and adoption of these rules and regulations by the Director of the Division of Registrations is set forth in § 12-29.7-112, C.R.S. Purpose These rules are adopted to implement the Director’s authority to register persons as athletic trainers and are further adopted to set forth the requirements for being so registered. Rule 1 – Education Requirements The purpose of this rule is to provide additional guidance regarding the educational requirements for registration set forth in § 12-29.7-107(1), C.R.S.

An applicant who has been certified as an athletic trainer by the Board of Certification, Inc. for the Athletic Trainer (“BOC” ) or its predecessor shall be deemed to have met the educational requirements for registration (all references to BOC in these rules include its predecessor). Rule 2 – Examination Approved by Director The purpose of this rule is to designate a nationally recognized examination approved by the Director pursuant to § 12-29.7-107(1)(c)(I), C.R.S.

The examination developed and administered by the Board of Certification, Inc. for the Athletic Trainer (“BOC” ) is approved by the Director. An applicant must achieve at least the passing score as determined by BOC in order to be eligible for registration.

Rule 3 – Registration by Endorsement The purpose of this rule is to delineate the requirements for registration by endorsement for applicants with active license in another state set forth in § 12-29.7-107(3), C.R.S.

A. An applicant for registration by endorsement must have actively practiced as an athletic trainer in that state for a minimum of 400 hours per year for the two years immediately preceding the receipt of the application or otherwise maintained competency as an athletic trainer, as determined by the 1. For purposes of this rule, an applicant may demonstrate that they have “otherwise maintained competency as an athletic trainer” by completing 48 hours of athletic training continuing education courses during the two years immediately preceding the receipt of the application.

2. The continuing education must meet the approval of the Board of Certification, Inc. for the Athletic Trainer (“BOC” ).

B. For purposes of this rule, an applicant who has been certified as an athletic trainer by the BOC in accordance with § 12-29.7-107 within three years prior to the receipt of the application for registration by endorsement shall be deemed to have maintained competency as an athletic trainer.

Rule 4 – Reinstatement of Expired Registration The purpose of this rule is to establish the qualifications and procedures for reinstatement of an expired registration pursuant to § 12-29.7-107(4), C.R.S.; § 24-34-102(8), C.R.S.; and § 24-34-105, C.R.S.

A. An applicant seeking reinstatement of an expired registration shall complete a reinstatement application and pay a reinstatement fee.

B. If the registration has been expired for more than two years an applicant must demonstrate “competency to practice” under § 24-34-102(8)(d)(II), C.R.S., as follows:

1. Verification of licensure or registration as an athletic trainer in good standing from another state, along with proof of active athletic training practice in that state for a minimum of 400 hours per year for the two years immediately preceding the receipt of the application for reinstatement; or 2. Completion of 48 hours of athletic training continuing education courses during the two years immediately preceding the receipt of application for reinstatement. The continuing education must be approved by the Director; or 3. Supervised practice for a period no less than six months subject to terms established by the Director; or 4. Retake, and achieving a passing score on, the Board of Certification, Inc. for the Athletic Trainer examination within three years immediately preceding receipt of the application for reinstatement; or 5. By any other means approved by the Director.

C. If the registration has been expired for five years or more an applicant is only eligible to complete B. 1, 3, 4, 5 of this rule to demonstrate competency.

Rule 5 – Supervision of Student Athletic Trainers The purpose of this rule is to outline the conditions under which a student athletic trainer may practice in Colorado under § 12-29.7-108(1)(a), C.R.S.

A. For the purposes of § 12-29.7-108(1)(a), “immediate supervision” of a student athletic trainer by an athletic trainer registered in Colorado means the supervising, registered athletic trainer (a) is present on the premises where the services are being performed; and (b) is available for immediate consultation and to assist the person being supervised in the services being performed.

B. For purposes of this rule, "premises" means within the same facility or area and within close enough proximity to respond in a timely manner to an emergency or the need for assistance.

C. Faculty members teaching nonclinical aspects of athletic training are not required to be registered athletic trainers.

Rule 6 – Declaratory Orders The purpose of this rule is to establish procedures for the handling of requests for declaratory orders filed pursuant to the Colorado Administrative Procedure Act at § 24-4-105(11), C.R.S.

A. Any person or entity may petition the Director for a declaratory order to terminate controversies or remove uncertainties as to the applicability of any statutory provision or of any rule or order of the B. The Director will determine, at her discretion and without notice to petitioner, whether to rule upon such petition. If the Director determines that she will not rule upon such a petition, the Director shall promptly notify the petitioner of her action and state the reasons for such decision.

C. In determining whether to rule upon a petition filed pursuant to this rule, the Director will consider the following matters, among others:

1. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provisions or rule or order of the Director.

2. Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director or a court involving one or more petitioners.

3. Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director or a court but not involving any petitioner.

4. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.

5. Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to C.R.C.P. 57, which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule, or order in question.

D. Any petition filed pursuant to this rule shall set forth the following:

1. The name and address of the petitioner and whether the petitioner is registered pursuant to Title 12, Article 29.7.

2. The statute, rule, or order to which the petition relates.

3. A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner.

E. If the Director determines that she will rule on the petition, the following procedures shall apply:

1. The Director may rule upon the petition based solely upon the facts presented in the petition. In such a case:

a. Any ruling of the Director will apply only to the extent of the facts presented in the petition and any amendment to the petition.

b. The Director may order the petitioner to file a written brief, memorandum, or statement of position.

c. The Director may set the petition, upon due notice to petitioner, for a non-evidentiary hearing.

d. The Director may dispose of the petition on the sole basis of the matters set forth in the petition.

e. The Director may request the petitioner to submit additional facts in writing. In such event, such additional facts will be considered as an amendment to the petition.

f. The Director may take administrative notice of facts pursuant to the Colorado Administrative Procedure Act at § 24-4-105(8), C.R.S., and may utilize her experience, technical competence, and specialized knowledge in the disposition of the petition.

2. If the Director rules upon the petition without a hearing, she shall promptly notify the petitioner of her decision.

3. The Director may, at her discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The hearing notice to the petitioner shall set forth, to the extent known, the factual or other matters that the Director intends to inquire.

4. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all the facts stated in the petition; all of the facts necessary to show the nature of the controversy or uncertainty; and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Director to consider.

F. The parties to any proceeding pursuant to this rule shall be the Director and the petitioner. Any other person may seek leave of the Director to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the Director. A petition to intervene shall set forth the same matters as are required by Section D of this Rule. Any reference to a "petitioner" in this rule also refers to any person who has been granted leave to intervene by the Director.

G. Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to the Colorado Administrative Procedure Act at § 24-4-106, C.R.S.

Rule 7 – Reporting Criminal Convictions, Judgments, and Administrative Proceedings The purpose of this rule is to establish reporting procedures for violations of § 12-29.7-109, C.R.S. to the A registrant shall inform the Director, in a manner set forth by the Director, within 90 days of any of the following events:

A. The conviction of the registrant of a felony under the laws of any state or of the United States, or a crime related to the practice of athletic training. A guilty verdict, a guilty plea, or a nolo contendere plea accepted by the court is considered a conviction for the purposes of this rule;

B. A disciplinary action imposed upon the registrant by another jurisdiction that registers or licenses athletic trainers, which would be a violation of § 12-29.7-109(e) or (h), C.R.S., including, but not limited to, a citation, sanction, probation, civil penalty, or a denial, suspension, revocation, or modification of a license or registration whether it is imposed by consent decree, order, or other decision, for any cause other than failure to pay a license or registration fee by the due date or failure to meet continuing professional education requirements;

C. Revocation or suspension by another state board, municipality, federal or state agency of any health services related license or registration, other than a license or registration for athletic trainers as described in § 12-29.7-109, C.R.S.;

D. Any judgment, award or settlement of a civil action or arbitration in which there was a final judgment or settlement against the registrant for malpractice of athletic training.

E. The notice to the Director shall include the following information;

1. If the event is an action by a governmental agency (as described above), the name of the agency, its jurisdiction, the case name, and the docket, proceeding or case number by which the event is designated, and a copy of the consent decree, order or decision;

2. If the event is a felony conviction, the court, its jurisdiction, the case name, the case number, a description of the matter or a copy of the indictment or charges, and any plea or verdict entered by the court. The registrant shall also provide to the Director a copy of the imposition of sentence related to the felony conviction and the completion of all terms of the sentence within 90 days of such action;

3. If the event concerns a civil action or arbitration proceeding, the court or arbiter, the jurisdiction, the case name, the case number, a description of the matter or a copy of the complaint, and a copy of the verdict, the court or arbitration decision, or, if settled, the settlement agreement and court’s order of dismissal;

F. The registrant notifying the Director may submit a written statement with the notice to be included with the registrant records.

RULE 8 – EXCEPTIONS AND DIRECTOR’S REVIEW OF INITIAL DECISIONS The purpose of these rules and regulations is to set forth the procedures surrounding the filing of exceptions and review of initial decisions pursuant to § 12-29.7-109(3 through 15), and § 24-4-105(14) (15), C.R.S.

A. Written Form, Service, Time, and Filing Requirements.

1. All Designations of Record, requests, motions, exceptions, and any responses thereto (“pleadings” ) must be in written form, and mailed with a certificate of service to Office of Athletic Trainer Registration (“Office” ) and the opposing party.

2. In the event that an electronic filing system is implemented in the Division of Registrations for the receipt of pleadings, any pleadings may be submitted in electronic form with a certificate of filing to the Office and the opposing party.

3. All pleadings must be received by the Office by 5:00 p.m. on the date the filing is due and must be served on the opposing party. This rule does not confer any additional time for service by mail than that allowed pursuant to § 24-4-105, C.R.S.

4. All pleadings shall be filed with the Office; not with the Office of Administrative Courts. Any pleading filed in error with the Office of Administrative Courts shall not be considered.

B. Authority to Review 1. The Director hereby preserves the right to initiate review of an initial decision on her/his own motion pursuant to § 24-4-105 (14)(a)(II), C.R.S.

2. This option to review shall apply regardless of whether a party files exceptions to the initial decision.

C. Designation of Record and Transcripts.

1. Any party seeking to reverse or modify the initial decision of the administrative law judge shall file with the Office a designation of the relevant parts of the record for review (“Designation of Record” ). Designations of record are due and must be received by the Office within 20 days of the date on which the Office mails the initial decision to the parties’ address of record with the Office.

2. In the absence of a Designation of Record, the record for purposes of the Director’s review of the initial decision as set forth in § 24-4-105(14)(a), C.R.S. shall in all cases include the following:

a. All pleadings filed with the Office of Administrative Courts or applicable hearing tribunal;

b. All applications presented or considered during the hearing;

c. All documentary or other exhibits admitted into evidence at the hearing;

d. All documentary or other exhibits presented or considered during the hearing;

e. All matters officially noticed during the hearing; and f. Any findings of fact and conclusions of law proposed by any party at the hearing.

3. Transcripts: Transcripts shall not be deemed part of a Designation of Record unless specifically identified, ordered and timely filed. To designate a transcript or portion thereof, the following procedures apply:

a. The Designation of Record must identify with specificity the transcript or portion thereof to be transcribed. For example, a party may designate the entire transcript, testimony of particular witness, a legal ruling or argument, or other information necessary to identify the portion of the transcript to be transcribed.

b. Any party who includes a transcript or a portion thereof as part of the Designation of Record must order the transcript or relevant portions by the date on which the Designation of Record is due. As noted above, a Designation of Record is due within 20 days of the date on which the Office mails the initial decision to the parties.

c. When ordering the transcript, the ordering party shall request the court reporter to complete and provide the Office the transcript and one copy of the transcript within thirty days and shall timely pay all fees associated with such a request.

d. If a party designates a portion of the transcript, the opposing party may file a Supplemental Designation of Record identifying additional portions of the transcript. This Supplemental Designation of Record is due and must be received by the Office within ten days after the date on which the original Designation of Record was due and received by the Office.

e. A party filing a Supplemental Designation of Record shall request the court reporter to complete and provide the Office the supplemental transcript and one copy of the supplemental transcript within thirty days of the Supplemental Designation of Record and shall timely pay all fees associated with such a request.

f. Transcripts that are ordered by either party and not provided to the Office in a timely manner by the court reporter due to non-payment, insufficient payment or failure to request as set forth above will not be considered by the Director.

D. Exceptions and Responsive Pleadings 1. Any party filing exceptions shall adhere to the following timelines:

a. If no transcripts are ordered, exceptions are due within 30 days from the date the Office mails the initial decision to the parties. Both parties’ exceptions are due on the same date.

b. If transcripts are ordered by either party, then upon timely receipt of all transcripts identified in the Designations of Record, the Office shall mail notification to the parties stating that the transcripts have been received. Exceptions are due within thirty days from the date on which such notification is mailed. Both parties’ exceptions are due on the same date.

2. Either party may provide a responsive pleading to the other party’s exceptions. All responsive pleadings shall be due and received by the Office within ten days of the date on which the exceptions were due. No other pleadings will be considered except for good cause shown.

3. The Director may in her sole discretion, upon a showing of good cause, grant an extension of time to provide a Designation of Record, exceptions or responsive pleadings, or may delegate the discretion to grant such an extension of time to the Office’s Program Director or the Program Director’s designee.

E. Request for Oral Argument 1. All requests for oral argument must be in writing and filed by the deadline for responsive pleadings. Requests received by the Office after this time will not be considered.

2. It is within the sole discretion of the Director to grant or deny a request for oral argument. If oral argument is granted, both parties shall have the opportunity to participate.

3. Each side shall be permitted five minutes for oral argument unless such time is extended by the Director or the Program Director.

RULE 9 – REGARDING THE CONTINUING DUTY TO REPORT INFORMATION TO THE DIRECTOR’S OFFICE The purpose of this rule is to set forth the requirement of registrants to notify the Director of a change in submitted information pursuant to § 24-34-107 C.R.S.

A registrant shall provide notice to the Office within 30 days of any change in address of record in a manner established by the Director.

_____________________________________________________ Editor’s Notes History Entire emer. rule eff. 09/17/2009.