Ohio Administrative Code
Title 4755:3
Chapter 4755:3-2
Section 4755:3-2-01 - Code of ethical conduct
Universal Citation: OH Admin Code 4755:3-2-01
Current through all regulations passed and filed through September 16, 2024
The following basic principles make up the code of ethical conduct for the practice of athletic training in the state of Ohio. When a person becomes a licensed athletic trainer they assume certain ethical obligations and responsibilities. An athletic trainer whose conduct is not in accordance with the principles set forth in the following code of ethical conduct shall be considered in violation of the Revised Code.
(A) Athletic trainers shall respect the rights, welfare, and dignity of all persons.
(1)
Athletic trainers shall show no discrimination in their
efforts while performing duties.
(2)
Athletic trainers
shall provide care on the basis of the needs of the person.
(3)
Athletic trainers
shall be committed to providing competent care consistent with both the
requirements and limitations of their profession.
(4)
Athletic trainers
shall obtain informed consent from the patient.
(a)
An athletic
trainer, unless otherwise allowed by law, shall not provide patient care
without disclosing to the patient or the patient's representative, the
benefits, substantial risks, if any, or alternatives to the recommended
examination or intervention.
(b)
Information
relating to the athletic trainer-patient relationship is confidential and may
not be communicated to a third party not involved in that patient's care
without the prior written consent of the patient or the patient's
representative, or unless otherwise allowed by law. Information must be
disclosed when required by law for the protection of the patient or the
public.
(5)
Athletic trainers shall respect the rights, knowledge,
and skills of colleagues and other health care professionals.
(6)
Athletic trainers
shall not, by their conduct, publicly discredit or lower the dignity of the
members of the profession.
(7)
Athletic trainers
shall not engage in conduct that constitutes harassment or verbal or physical
abuse of, or unlawful discrimination against, patients, students, and/or
colleagues.
(8)
Athletic trainers shall not engage in harassment that
creates a hostile work environment.
(B) Athletic trainers shall comply with the laws and regulations governing the practice of athletic training.
(1)
Athletic trainers shall comply with the laws and rules of
the state of Ohio and any applicable local and federal laws governing the
practice of athletic training.
(2)
Athletic trainers
shall protect the public and the profession by reporting any conduct that they
consider unethical, illegal, or incompetent to the athletic trainers section of
the Ohio occupational therapy, physical therapy, and athletic trainers board.
Where the alleged violation involves impairment issues and no other provisions
of Chapter 4755. of the Revised Code or rules adopted under it, the reporting
license holder may make a referral to the safe haven program in lieu of making
report to the athletic trainers section.
(3)
Athletic trainers
shall not practice athletic training while the ability to practice is impaired.
"Impaired practitioner" means, as defined in the "Professional Practice and
Discipline Guidelines and Procedures" effective January 1, 2020 from the board
of certification, inc., "a person with a physical or mental condition,
including deterioration through aging, loss of motor skill, or excessive use or
abuse of drugs including alcohol, that prevents one from practicing athletic
training with reasonable skill and safety to patients. Types of impairments may
include, but are not limited to: substance abuse, personality
disorders/disruptive behavior, physical impairments, and psychological
impairments." If a license holder's or applicant's ability to practice is in
question, and the license holder or applicant is not a participant in the
board's safe haven program, the license holder must submit to a physical or
mental examination or drug/alcohol screens as requested by the athletic
trainers section and at the athletic trainer's cost to determine the
applicant's or license holder's qualifications to practice athletic
training.
(C) Athletic trainers shall accept responsibility for the exercise of sound judgment in protecting the public and the profession of athletic training.
(1)
Athletic trainers shall not misrepresent in any manner,
either directly or indirectly, their skills, training, professional
credentials, title, identity, or services.
(2)
Athletic trainers
shall provide only those services for which they are qualified via education
and/or experience.
(3)
Athletic trainers shall not guarantee the results of
any training, consultation, or therapeutic procedure. A reasonable statement of
prognosis is not improper, but successful results are dependent upon many
uncontrollable factors, hence, any warranty is deceptive and
unethical.
(4)
Athletic trainers shall not cheat or assist others in
conspiring to cheat on the national certification examination or the state
jurisprudence examination.
(D) Athletic trainers shall maintain and promote high standards in the provision of services.
(1)
Athletic trainers
shall strive to achieve the highest level of competence.
(2)
Athletic trainers
shall recognize the need for continuing education and participate in various
types of educational activities that enhance their skills and knowledge in
accordance with continuing education guidelines for the
profession.
(3)
Athletic trainers shall keep accurate records for all
areas of injury management. These shall include, but are not limited to,
collaboration agreements, standard operating procedures, written referrals,
personal injury reports/initial evaluation, and daily care
rendered/rehabilitation logs. These records shall be in paper or electronic
format and secured according to legal statutes regarding confidentiality.
"Standard operating procedure" means a written referral relationship that consists of a plan of care communicated between the health care professional listed in division (A) of section 4755.623 of the Revised Code or rule 4755-42-02 or 4755:3-2-04 of the Administrative Code and the athletic trainer, and shall include procedures for assessment and treatment.
(4)
Athletic trainers
shall not document or bill for services not actually provided.
(5)
Athletic trainers
shall only seek compensation that is reasonable for the athletic training
services delivered. Athletic trainers, regardless of the practice setting,
shall safeguard the public from unethical and unlawful business
practices.
(6)
Athletic trainers shall not intentionally or knowingly
offer to pay or agree to accept any compensation, directly or indirectly,
overtly or covertly, in cash or in kind, to or from any person or entity for
receiving or soliciting patients or patronage, regardless of the source of the
compensation.
(7)
Athletic trainers shall not influence a patient or the
patient's family to utilize, purchase, or rent any product or equipment based
on the direct or indirect financial interests of the athletic trainer.
Recommendations of product or equipment must be based solely on the therapeutic
value of that product or equipment to the patient. An athletic trainer who owns
or has a direct financial interest in an equipment or supply company must
disclose the financial interest to the patient if the athletic trainer sells or
rents, or intends to sell or rent, to the patient.
(8)
Athletic trainers
shall ensure the patient's rights to participate fully in their care, including
the patient's right to select the athletic training provider, regardless of the
practice setting.
(9)
Athletic trainers shall safeguard the public from
underutilization or overutilization of athletic training services by providing
only those services appropriate and prudent in the provision of
care.
(10)
Athletic trainers shall provide accurate and relevant
information to patients about the patients' care within the scope of
confidentiality statutes.
(11)
Athletic
trainers shall provide accurate and relevant information to the public about
athletic training services.
(12)
Athletic
trainers shall report to the athletic trainers section any unprofessional,
incompetent, unethical, or illegal behavior of an athletic trainer of which the
person has knowledge. An obligation to report is inherent in the
profession.
(13)
Athletic trainers shall adhere to the minimal standards
of acceptable prevailing practice. Failure to adhere to minimal standards of
practice, whether or not actual injury to a patient occurred, includes, but is
not limited to, practice or use of tasks, knowledge, and skills that are not
valid with the current professional practice of athletic training. These tasks,
knowledge, and skills should reflect current practice trends and supported in
the literature as evidencebased practices.
(14)
An athletic
trainer shall not disclose to unauthorized persons any confidential information
received from any person served professionally without the documented consent
of that person or the legal guardian or unless as otherwise required by
law.
(E) Athletic trainers shall not exploit persons served professionally.
(1)
Athletic trainers shall not accept persons for
treatment if benefit to the person cannot reasonably be
expected.
(2)
Athletic trainers shall not continue treatment without
reasonable expectation of further benefit to the patient.
(3)
Athletic trainers
shall not place financial gain above the welfare of the patient and shall not
participate in any arrangement that exploits the patient.
(4)
Athletic trainers
shall not have a romantic or dating relationship or engage in any sexual
activity, including sexual conduct or sexual contact, with any patient, or
engage in any conduct that may reasonably be interpreted by the patient to be
sexual, whether consensual or nonconsensual, while a practitioner/patient
relationship exists. In the case of minors, the practitioner/patient
relationship extends to the minor's parent or guardian.
(a)
An athletic
trainer shall not intentionally expose or view a completely or partially
disrobed patient in the course of treatment if the exposure or viewing is not
related to the patient diagnosis or treatment under current practice
standards.
(b)
An athletic trainer shall not engage in a conversation
with a patient that is sexually explicit or tacitly imply sexually implicit
intentions during the athletic training plan of care. This includes verbal
behavior that is sexually demeaning to the patient or may be reasonably
interpreted by the patient as sexually demeaning.
(5)
An athletic
trainer shall not engage explicitly or tacitly in harassment of patients, the
parent/guardian of a minor patient, students, or colleagues. Harassment
includes, but is not limited to, racial, political, ethnic, religious, gender
and gender identification, sexual orientation, age, disability, marital status,
or veteran status. Harassment includes making unwelcome sexual advances,
requesting sexual favors, engaging in other verbal or physical conduct of a
sexual nature, intimidating words or actions, or words or actions that demean,
threaten or offend a victim where such actions result in:
(a)
Withholding
athletic training services to a patient;
(b)
Creating an
intimidating, hostile, or offensive environment for the patient;
or
(c)
Interfering with the patient's ability to
recover.
(6)
Chaperone use.
(a)
Athletic trainers
shall make a reasonable attempt to either:
(i)
Offer a patient
the opportunity to have a third person or chaperone in the examining room or
treatment setting during an intimate examination or treatment;
or
(ii)
Follow their employer's chaperone
policy.
(b)
A chaperone policy shall address the following:
(i)
Who can qualify
as a chaperone;
(ii)
The type of examination, treatment situation, or care
provided when a chaperone shall be offered;
(iii)
Chaperones
shall be offered without regard to the age or gender of the patient;
and
(iv)
In emergency situations, the chaperone policy may not
apply.
(c)
Documentation shall reflect whether a chaperone was
offered or declined, and, if accepted, who the name of the adult who acted as a
chaperone.
(d)
An athletic trainer has a right to insist on the
presence of a chaperone before providing care to protect the integrity of the
patient and care-giver relationship.
(F) Cooperation.
Athletic trainers shall cooperate with an investigation by the athletic trainers section. Failure to cooperate is conduct detrimental to the best interest of the public and grounds for disciplinary action. Cooperation includes responding fully and promptly to any questions raised by the athletic trainers section and providing copies of the medical records and other documents requested by the athletic trainers section. Failure to comply with paragraphs (F)(1) to (F)(7) of this rule may be grounds for disciplinary action pursuant to section 4755.64 of the Revised Code and in accordance with Chapter 119. of the Revised Code.
(1)
A license holder
shall respond fully and truthfully to a request for information from the
athletic trainers section.
(2)
A license holder
shall comply with a subpoena issued by the athletic trainers
section.
(3)
A license holder shall provide information or documents
within the time frame specified by the athletic trainers
section.
(4)
A license holder shall appear and provide information
at an interview requested by the athletic trainers section.
(5)
A license holder
shall not deceive, or attempt to deceive, the athletic trainers section
regarding any matter, including by altering or destroying any record or
document.
(6)
A license holder shall not interfere with an
investigation or disciplinary proceeding by willful misrepresentation of facts
before the agency or the athletic trainers section, or by use of threats or
harassment against any patient or witness to prevent the patient or witness
from providing evidence in a disciplinary proceeding or any other legal
action.
(7)
A license holder shall not refuse to provide testimony
in an administrative hearing.
(G) A license holder shall self report to the athletic trainers section, within thirty days, any of the items outlined in paragraphs (A) to (G) of this rule. Failure to comply with this rule may be grounds for disciplinary action pursuant to section 4755.64 of the Revised Code and in accordance with Chapter 119. of the Revised Code.
(1)
Impairment due to
abuse of or dependency on alcohol, drugs, or other medical condition or illness
that affects the applicant's or license holder's ability to practice with
reasonable skill and safety. This reporting requirement shall not be applicable
where the applicant or license holder is a participant in the board's safe
haven program and complies with the same.
(2)
Conviction of a
felony.
(3)
Conviction of a misdemeanor when the act that
constituted the misdemeanor occurred during the practice of athletic
training.
(4)
The termination, revocation, or suspension of
membership by a state or national athletic training professional
association.
(5)
The termination, revocation, or suspension of
certification status by a national credentialing organization, including, but
not limited to, the board of certification, inc.
(6)
A positive drug
and/or alcohol screening.
(7)
A finding of malpractice by a court of competent
jurisdiction.
Replaces: 4755-41-01, 4755-41-02, 4755-41-03
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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