Del. Code Ann. tit. 24, § 2604D
Compact privilege
(a) To be eligible for a compact privilege under the terms and provisions of the compact, the licensee shall complete a criminal background check performed by the licensing authority in the state of qualifying licensure prior to entry in the compact and shall:
(1) Satisfy 1 of the following 2 pathways:
- a. Hold a valid current active certification through the BOC, or its successor organization; or
b. If a licensee does not meet the requirements of paragraph (a)(1)a. of this section, the following must be completed:
1. An education program which is either:
- A. At least a bachelor’s degree with a major course of study in athletic training, or an equivalent course of study from a college or university accredited at the time of graduation by CAATE, or its successor organization;
- B. An academic degree from a college or university in a foreign country equivalent to the degree described in paragraph (a)(1)b.1.A. of this section with a major course of study as described in paragraph (a)(1)b.1.A. of this section that is accredited by CAATE, or its successor organization; or
- C. The substantial equivalent of the foregoing which the Commission may determine by rule.
- 2. Successful completion of the exam administered by the BOC, or its successor organization, preceding the date of the licensee’s application for licensure in their state of qualifying licensure or the substantial equivalent of the foregoing requirement which the Commission may determine by rule.
- (2) Hold a compact qualifying license;
- (3) Have not had any encumbrance against any license or compact privilege to practice athletic training within the previous 2 years;
- (4) Be eligible for a compact privilege in any member state in accordance with § 2604D of this title;
- (5) Notify the Compact Commission that the licensee is seeking the compact privilege within a remote state or states;
- (6) Pay any applicable fees, including any state fee, for the compact privilege;
- (7) Meet only the continuing competence requirements established by the state of qualifying licensure;
- (8) Comply with any requirements of the state of qualifying licensure as set forth in § 2603D of this title;
- (9) Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege; and
- (10) Report to the Compact Commission any adverse action, encumbrance, or restriction on a license taken by any nonmember State within 30 days from the date the action is taken.
- (b) The compact privilege is valid until the expiration date of the compact qualifying license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the compact qualifying license as the Compact Commission may define by rule. The licensee must comply with the requirements of this section to maintain the compact privilege in the remote state. A licensee may apply for and hold compact privileges in multiple member states.
- (c) A licensed athletic trainer must follow the scope of practice of the member state where the patient is located. A licensee engaging in the practice of athletic training in a remote state under the compact privilege shall adhere to the scope of practice laws and regulations of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all scope of practice laws and regulations state laws relating to the remote practice of athletic training, as applicable.
- (d) A licensee engaging in the practice of athletic training in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. Any member state which undertakes such an action shall promptly notify the member state and the Commission as specified in the rules. The licensee may be deemed to be ineligible to exercise the compact privilege by any member state until the specific time for removal has passed and all fines are paid.
(e) All member state disciplinary orders that impose adverse action against a compact qualifying license shall result in deactivation of the licensee’s compact privilege in all member states during the pendency of the order. If a compact qualifying license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
- (1) The compact qualifying license is no longer encumbered; and
- (2) The licensee has not had any encumbrance or restriction against any license, compact qualifying license or compact privilege within the previous 2 years.
- (f) Once an encumbered license is restored to good standing as a compact qualifying license (as certified by the licensing authority), the licensee must meet the requirements of this section to obtain a compact privilege in any remote state.
(g) If a licensee’s compact privilege in any remote state is removed, that licensee may also lose the compact privilege in other remote states, as each member state shall determine in its sole authority, until the following occur:
- (1) The specific period of time for which the compact privilege was removed has ended;
- (2) All fines have been paid; and
- (3) Have not had any encumbrance or restriction against any license or compact privilege within the previous 2 years.
- (h) Once the requirements of § 2604D(g) of this title have been met, the licensee must meet the requirements in § 2604D(a) of this title to obtain a compact privilege in a remote state.