Administrative Code

Virginia Administrative Code
6/19/2024

Chapter 120. Regulations Governing the Licensure of Athletic Trainers

Part I
General Provisions

18VAC85-120-10. Definitions.

In addition to words and terms defined in § 54.1-2900 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Athletic trainer" means a person licensed by the Virginia Board of Medicine to engage in the practice of athletic training as defined in § 54.1-2900 of the Code of Virginia.

"Board" means the Virginia Board of Medicine.

"Direction" means authorization by a doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry for care and treatment by a verbal order if the doctor or dentist is present or by written order, telecommunication, plans of care, protocols, or standing orders if the doctor or dentist is not present.

"NATABOC" means the National Athletic Trainers' Association Board of Certification.

"Student athletic trainer" means a person enrolled in an accredited bachelor's or master's level educational program in athletic training.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 7, eff. January 15, 2016; Volume 35, Issue 22, eff. August 8, 2019; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-20. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-30. Current name and address.

Each licensee shall furnish the board his current name and address of record. All notices required by law or by these regulations to be given by the board to any such licensee shall be validly given when sent to the latest address of record given to the board. Any change of name or address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 23, eff. August 19, 2009; Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-120-35. Fees.

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. The following fees have been adopted by the board:

1. The application fee shall be $130.

2. The fee for renewal of licensure shall be $135 and shall be due in the licensee's birth month, in each odd-numbered year.

3. A fee of $50 for processing a late renewal within one renewal cycle shall be paid in addition to the renewal fee.

4. The fee for reinstatement of a license that has expired for two or more years shall be $180 and shall be submitted with an application for reinstatement.

5. The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.

6. The fee for a duplicate renewal license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.

7. The handling fee for a returned check or a dishonored credit card or debit card shall be $50.

8. The fee for a letter of verification to another jurisdiction shall be $10.

9. The fee for an inactive license shall be $70, and the fee for a late renewal shall be $25.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 25, eff. September 26, 2013 and subdivision 10 of former 18VAC85-120-150, Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020; Volume 40, Issue 13, eff. March 28, 2024.

Part II
Requirements for Licensure As an Athletic Trainer

18VAC85-120-40. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-50. Requirements for licensure.

An applicant for licensure shall submit evidence of meeting the following requirements for licensure on forms provided by the board:

1. A completed application and fee as prescribed in 18VAC85-130-150;

2. Verification of professional activity as required on the application form;

3. Evidence of current NATABOC certification; and

4. If licensed or certified in any other jurisdiction, documentation of practice as an athletic trainer and verification as to whether there has been any disciplinary action taken or pending in that jurisdiction.

Statutory Authority

§§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 22, Issue 2, eff. December 17, 2005; Volume 24, Issue 20, eff. July 24, 2008.

18VAC85-120-60. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-120-70. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 20, eff. July 24, 2008; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-120-75. Temporary authorization to practice.

Upon written request from an applicant and an applicant's employer and for good cause shown, an applicant who provides documentation of current NATABOC certification may be granted temporary authorization to practice as an athletic trainer for 45 days pending submission of all other required documentation and issuance of a license. At the discretion of the board, additional time, not to exceed 15 days, may be allowed to complete the application process.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-80. Provisional licensure.

A. An applicant who has been approved by NATABOC to sit for the certification examination may be granted a provisional license to practice athletic training under the supervision of an athletic trainer.

B. The graduate shall submit an application for a provisional license to the board for review and approval by the Chair of the Advisory Board on Athletic Training or the chair's designee.

C. The provisional license shall expire six months from issuance or upon receipt of notification of a failing score on the NATABOC certification examination or upon licensure as an athletic trainer by the board, whichever comes first.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 27, Issue 10, eff. March 3, 2011; Volume 29, Issue 25, eff. September 26, 2013; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-85. Registration for voluntary practice by out-of-state trainers.

Any athletic trainer who does not hold a license to practice in Virginia and who seeks registration to practice on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

1. File an application for registration on a form provided by the board at least five business days prior to engaging in such practice;

2. Provide a complete record of professional certification or licensure in each state in which the athletic trainer has held a certificate or license and a copy of any current certificate or license;

3. Provide the name of the nonprofit organization, the dates and location of the voluntary provision of services; and

4. Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 24, eff. September 3, 2008; Volume 40, Issue 13, eff. March 28, 2024.

Part III
Renewal and Reinstatement

18VAC85-120-90. Renewal of license.

A. Every athletic trainer intending to continue licensure shall biennially in each odd-numbered year in his birth month:

1. Register with the board for renewal of licensure;

2. Pay the prescribed renewal fee at the time he files for renewal; and

3. Attest to current NATABOC certification.

B. An athletic trainer whose license has not been renewed by the first day of the month following the month in which renewal is required shall pay a late fee as prescribed in 18VAC85-120-150.

Statutory Authority

§§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 20, eff. July 24, 2008.

18VAC85-120-95. Inactive licensure.

A. An athletic trainer who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

1. The holder of an inactive license shall not be required to maintain NATABOC certification.

2. An inactive licensee shall not be entitled to practice as an athletic trainer in Virginia.

B. An inactive licensee may reactivate his license upon submission of:

1. The required application;

2. Payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure for the biennium in which the license is being reactivated; and

3. Documentation of having maintained certification or having been recertified by the NATABOC.

C. The board reserves the right to deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

Statutory Authority

§§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 20, eff. July 24, 2008.

18VAC85-120-100. Reinstatement.

A. In order to reinstate a license that has been lapsed for more than two years, an athletic trainer shall file an application for reinstatement, pay the fee for reinstatement of his license as prescribed in 18VAC85-120-150, and submit to the board evidence of current certification by NATABOC.

B. An athletic trainer whose license has been revoked by the board and who wishes to be reinstated shall file a new application to the board and pay the fee for reinstatement of his license as prescribed in 18VAC85-120-150 pursuant to § 54.1-2408.2 of the Code of Virginia.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 23, Issue 9, eff. February 7, 2007.

Part IV
Standards of Practice

18VAC85-120-110. Individual responsibilities.

A. The athletic trainer's responsibilities are to evaluate the individual being treated, plan the treatment program, and administer and document treatment within the limit of his professional knowledge, judgment, and skills and in accordance with the practice of athletic training as set forth in § 54.1-2900 of the Code of Virginia.

B. An athletic trainer practices under the direction of the individual's physician or under the direction of any doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 35, Issue 22, eff. August 8, 2019.

18VAC85-120-120. General responsibilities.

An athletic trainer shall ensure that unlicensed persons under the athletic trainer's supervision shall not perform those functions that require professional judgment or discretion in the practice of athletic training. An athletic trainer shall be responsible for the actions of persons acting under the athletic trainer's supervision and direction.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-130. Supervisory responsibilities.

A. The athletic trainer supervising the practice of persons holding a provisional license issued by the board shall develop a written protocol with the provisional licensee to include but not be limited to the following:

1. Provisions for daily, on-site review and evaluation of services being provided, including a review of outcomes for individuals being treated; and

2. Guidelines for availability and ongoing communications proportionate to such factors as practice setting, acuity of population being served, and experience of the provisional licensee.

B. The athletic trainer supervising the practice of student athletic trainers shall:

1. Provide daily, on-site supervision and shall plan, direct, advise and evaluate the performance and experience of the student trainer.

2. Delegate only nondiscretionary tasks that are appropriate to the level of competency and experience of the student athletic trainer, practice setting and acuity of population being served.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 2, eff. October 31, 2007.

18VAC85-120-140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 22, Issue 9, eff. February 8, 2006; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 26, eff. September 25, 2013; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

Part V
Standards of Professional Conduct

18VAC85-120-155. Confidentiality.

A practitioner shall not willfully or negligently breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-120-156. Patient records.

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall properly manage patient records and keep timely, accurate, legible, and complete patient records.

C. Practitioners who are employed by a health care institution, school system, or other entity in which the individual practitioner does not own or maintain the individual practitioner's own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

D. Practitioners who are self-employed or employed by an entity in which the individual practitioner does own and is responsible for patient records shall develop policies regarding retention of records and adhere to those policies.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-157. Practitioner-patient communication.

A. Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or his legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.

B. A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure provided or directed by the practitioner in the treatment of any disease or condition.

C. Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-158. Practitioner responsibility.

A. A practitioner shall not:

1. Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;

2. Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;

3. Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or

4. Exploit the practitioner/patient relationship for personal gain.

B. Advocating for patient safety or improvement in patient care within a health care entity shall not constitute disruptive behavior provided the practitioner does not engage in behavior prohibited in subdivision A 3 of this section.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-159. Vitamins, minerals and food supplements.

A. The recommendation or direction for the use of vitamins, minerals or food supplements and the rationale for that recommendation shall be documented by the practitioner. The recommendation or direction shall be based upon a reasonable expectation that such use will result in a favorable patient outcome, including preventive practices, and that a greater benefit will be achieved than that which can be expected without such use.

B. Vitamins, minerals, or food supplements, or a combination of the three, shall not be sold, dispensed, recommended, prescribed, or suggested in doses that would be contraindicated based on the individual patient's overall medical condition and medications.

C. The practitioner shall conform to the standards of his particular branch of the healing arts in the therapeutic application of vitamins, minerals or food supplement therapy.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-160. Anabolic steroids.

An athletic trainer shall not sell, dispense, or administer anabolic steroids to any patient.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-161. Sexual contact.

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

1. May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or

2. May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

1. The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.

2. The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

C. Sexual contact between a practitioner and a former patient after termination of the practitioner-patient relationship may still constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence of emotions derived from the professional relationship.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, key third party of a patient means spouse or partner, parent or child, guardian, or legal representative of the patient.

E. Sexual contact between a supervisor and a trainee shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-162. Refusal to provide information.

A practitioner shall not willfully refuse to provide information or records as requested or required by the board or its representative pursuant to an investigation or to the enforcement of a statute or regulation.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

FORMS (18VAC85-120).

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice (rev. 8/2015)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

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