Lawriter - OAC - 4755-41-01 Code of ethical conduct.

4755-41-01 Code of ethical conduct.

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 individuals.

(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 individual.

(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, clients, students, and/or colleagues.

(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.

(3) Athletic trainers shall not practice athletic training while the ability to practice is impaired by alcohol, controlled substances, narcotic drugs, physical disability, mental disability, or emotional disability. If an athletic trainer's or an applicant's ability to practice is in question, the individual shall submit to a physical or mental examination or drug/alcohol screen as requested by the athletic trainers section to determine the individual's qualifications to practice athletic training.

(C) Athletic trainers shall accept responsibility for the exercise of sound judgment.

(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.

(3) Athletic trainers shall keep accurate records for all areas of injury management.

These shall include, but are not limited to, written referrals, personal injury reports/initial evaluation, and daily care rendered/rehabilitation logs. These records shall be in paper or electronic format.

(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.

(10) Athletic trainers shall provide accurate and relevant information to patients about the patients' care.

(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, or illegal behavior of an athletic trainer of which the individual has knowledge.

(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 should be found in the athletic training literature.

(E) Athletic trainers shall not exploit persons served professionally.

(1) Athletic trainers shall not accept individuals for treatment if benefit cannot reasonably be expected.

(2) Athletic trainers shall not continue treatment without reasonable expectation of further benefit.

(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 date or engage in any sexual activity with any client, or engage in any conduct that may reasonably be interpreted by the client to be sexual, whether consensual or nonconsensual, while a practitioner/client relationship exists. In the case of minors, the practitioner/client relationship extends to the minor's parent or guardian.

(a) An athletic trainer shall not intentionally expose or view a completely or partially disrobed client in the course of treatment if the exposure or viewing is not related to the client diagnosis or treatment under current practice standards.

(b) An athletic trainer shall not engage in a conversation with a client that is sexually explicit and unrelated to the athletic training plan of care.

(5) An athletic trainer shall not engage in sexual harassment of clients, the parent/guardian of a minor client, students, and/or colleagues. Sexual harassment includes, but is not limited to, making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal behavior or physical conduct of a sexual nature that results in:

(a) Withholding athletic training services to a client;

(b) Creating an intimidating, hostile, or offensive environment for the client; or

(c) Interfering with the client's ability to recover.

(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 licensee shall respond fully and truthfully to a request for information from the athletic trainers section.

(2) A licensee shall comply with a subpoena issued by the athletic trainers section.

(3) A licensee shall provide information or documents within the time frame specified by the athletic trainers section.

(4) A licensee shall appear and provide information at an interview requested by the athletic trainers section.

(5) A licensee 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 licensee 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 licensee shall not refuse to provide testimony in an administrative hearing.

Effective: 05/01/2013
R.C. 119.032 review dates: 01/29/2013 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 4755.61
Rule Amplifies: 4755.61 , 4755.64
Prior Effective Dates: 7/8/91, 4/27/96, 5/1/04, 10/1/04, 5/1/09, 5/1/10