Del. Code Ann. tit. 24, § 2602D

Definitions

85 Del. Laws, c. 382, § 1;

As used in this compact, unless the context requires otherwise, the following definitions shall apply:

  1. (1) “Active military member” means any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.
  2. (2) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual’s license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensee’s authorization to practice.
  3. (3) “Alternative program” means a nondisciplinary monitoring or practice remediation process applicable to an athletic trainer approved by a state licensing authority of a member state in which the athletic trainer is licensed. This includes, but is not limited to, programs to which licensees with substance use, addiction, or mental health conditions are referred in lieu of adverse action.
  4. (4) “Athletic Trainer Compact Commission” or “Compact Commission” means the government agency whose membership consists of all states that have enacted this compact, as described herein and which shall operate as an instrumentality of the member states to administer and implement the compact according to its terms.
  5. (5) “Athletic training” means the prevention, examination, assessment, treatment and rehabilitation of emergent, acute, or chronic injuries and medical conditions as defined by applicable member state laws and regulations.
  6. (6) “BOC” means the Board of Certification, Inc. or any successor organization thereto.
  7. (7) “CAATE” means the Commission on Accreditation of Athletic Training Education or any successor organization thereto.
  8. (8) “Charter member state” means any member state which enacted and made effective this compact by law before the compact effective date specified herein.
  9. (9) “Commissioner” means the individual appointed by a member state to serve as the member of the Commission for that member state.
  10. (10) “Compact privilege” means the legal authorization granted by a remote state, equivalent to a license, allowing a licensee from another member state to provide athletic training services in a remote state.
  11. (11) “Compact qualifying license” means a license that is not an encumbered license issued by a member state to practice athletic training which qualifies the licensee to exercise a compact privilege pursuant to § 2604D of this title.
  12. (12) “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of successful participation, and completion of, educational and professional activities relevant to practice or area of work. For purposes of this compact, evidence of active BOC certification may satisfy the meaning of continuing competence as set forth herein.
  13. (13) “Current significant investigative information” means the existence of:

    1. a. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction; or
    2. b. Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether the subject licensee has been notified and had an opportunity to respond.
  14. (14) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s “criminal history record information,” as defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of Investigation and the state’s “criminal history record repository” as defined in 28 C.F.R. § 20.3(f).
  15. (15) “Data system” means the Commission’s repository of information about licensees, including but not limited to examination, licensure, investigative, compact privilege, adverse action, and alternative program.
  16. (16) “Encumbrance” or “encumbered” means a revocation or suspension of, or any limitation or condition on, the full and unrestricted practice of athletic training.
  17. (17) “Executive Committee” means a group of commissioners elected or appointed to act on behalf of, and within the powers granted to them by, the compact and Commission.
  18. (18) “Investigative information” means information, records, and documents received or generated by a licensing authority pursuant to an investigation.
  19. (19) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of athletic training, as applicable, in a state.
  20. (20) “License” means current authorization by a member state to engage in the practice of athletic training.
  21. (21) “Licensee” or “licensed athletic trainer” means an individual who currently holds an active, unrestricted license and who meets all of the requirements outlined in § 2604D of this title.
  22. (22) “Licensing authority” means the board or agency of a state, or equivalent, that is responsible for the licensing and regulation of athletic trainers.
  23. (23) “Model compact language” the model language for the Athletic Trainer Compact on file with The Council of State Governments or other entity as designated by the Commission to which all member states must substantively adhere and adopt.
  24. (24) “Member state” means a state that has enacted the compact.
  25. (25) “Remote state” means a member state other than the state of qualifying licensure.
  26. (26) “Rule” means a regulation promulgated by an authorized entity that has the force of law.
  27. (27) “Scope of practice” means the procedures, actions, and processes an athletic trainer licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency. Scope of practice shall include any state requirements regarding supervision or direction, if required by such state and as further defined by such state’s statutes and regulations.
  28. (28) “Single state license” means a license issued by any state that authorizes practice only within the issuing state.
  29. (29) “State” means any state, commonwealth, district, or territory of the United States of America.
  30. (30) “State of qualifying licensure” means the member state who has issued a compact qualifying license to a Licensee pursuant to this compact.
  31. (31) “Unencumbered license” means a license that authorizes a licensee to engage in the full and unrestricted practice of athletic training.

85 Del. Laws, c. 382, § 1

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