(1) The director may take disciplinary action against a licensee if the director finds that the licensee has represented himself or herself as a licensee after the expiration, suspension, or revocation of the license.
(2) The director may take disciplinary or other action in accordance with section 12-20404 or issue a cease-and-desist order in accordance with section 12-205-112 upon reasonable grounds that the licensee:
(a) Has engaged in a sexual act with a person receiving services while a therapeutic relationship existed or within six months immediately following termination of the therapeutic relationship. For the purposes of this subsection (2)(a):
"Sexual act" means sexual contact, sexual intrusion, or sexual penetration as definedin section 18-3-401.
"Therapeutic relationship" means the period beginning with the initial evaluation andending upon the written termination of treatment. When an individual receiving services is an athlete participating on a sports team operated under the auspices of a bona fide amateur sports organization or an accredited educational institution that employs the licensee, the therapeutic relationship exists from the time the athlete becomes affiliated with the team until the affiliation ends or the athletic trainer terminates the provision of athletic training services to the team, whichever occurs first.
Has falsified information in an application or has attempted to obtain or has obtaineda license by fraud, deception, or misrepresentation;
Has a substance use disorder, as defined in section 27-81-102, or is an excessive orhabitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects; except that the director has the discretion not to discipline the licensee if the licensee is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;
(I) Has failed to notify the director, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the licensee's ability to provide athletic training services with reasonable skill and safety or that may endanger the health or safety of individuals receiving athletic training services;
Has failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to perform athletic training with reasonable skill and safety or that may endanger the health or safety of persons under the licensee's care; or
Has failed to comply with the limitations agreed to under a confidential agreemententered pursuant to sections 12-30-108 and 12-205-114;
Has had a registration or license suspended or revoked for actions that are a violationof this article 205 or an applicable provision of article 20 or 30 of this title 12;
Has been convicted of or pled guilty or nolo contendere to a felony or any crimedefined in title 18. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is prima facie evidence of the conviction or plea. In considering the disciplinary action, the director is governed by sections 12-20-202 (5) and 24-5-101.
Has practiced athletic training without a license;
Has failed to notify the director of any disciplinary action in regard to the person'spast or currently held license, certificate, or registration required to practice athletic training in this state or any other jurisdiction;
Has refused to submit to a physical or mental examination when so ordered by thedirector pursuant to section 12-205-113;
Has failed to practice pursuant to the direction of a Colorado-licensed or otherwiselawfully practicing physician, dentist, or health care professional;
Has practiced athletic training in a manner that fails to meet generally accepted standards of athletic training practice; or
Has otherwise violated any provision of this article 205 or an applicable provision ofarticle 20 or 30 of this title 12.
Except as otherwise provided in subsection (2) of this section, the director need notfind that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.
(a) The director may commence a proceeding to discipline a licensee when the director has reasonable grounds to believe that the licensee has committed an act enumerated in this section.
(b) In any proceeding held under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a licensee in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 205.
Disciplinary proceedings shall be conducted in accordance with article 4 of title 24 and section 12-20-403. The director has the authority to exercise all powers and duties conferred by this article 205 during the disciplinary proceedings.
(a) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 205.
(b) In accordance with section 12-20-403, the director may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.
A final action of the director is subject to judicial review pursuant to section 12-20408. The director may institute a judicial proceeding in accordance with section 24-4-106 to enforce the director's order.
An employer of an athletic trainer shall report to the director any disciplinary actiontaken against the athletic trainer or the resignation of the athletic trainer in lieu of disciplinary action for conduct that violates this article 205.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1041, § 1, effective October 1; (1), IP(2), (2)(a)(II), (2)(b), (2)(c), (2)(d)(I), (2)(d)(II), (2)(g), and (4) amended, (HB 19-1083), ch. 61, p. 223, § 21, effective October 1. L. 2020: (2)(c) amended, (SB 20-007), ch. 286, p. 1410, § 31, effective July 13.
Editor's note: (1) This section is similar to former § 12-29.7-110 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1083. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1083, chapter 61, Session Laws of Colorado 2019.