(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 12-20-404 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):
(I) Sexual act means sexual contact, sexual intrusion, or sexual penetration
as defined in section 18-3-401.
(II) Therapeutic relationship means the period beginning with the initial
evaluation and ending 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.
(b) Has falsified information in an application or has attempted to obtain or
has obtained a license by fraud, deception, or misrepresentation;
(c) Excessively or habitually uses or abuses or has engaged in excessive or
habitual use or abuse of alcohol, a habit-forming drug, a controlled substance, as
defined in section 18-18-102 (5), or any other drug having similar effects; except
that the director has the discretion not to discipline the licensee if the licensee is
participating in good faith in a program approved by the director designed to end
the excessive or habitual use or abuse;
(d) (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;
(II) 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
(III) Has failed to comply with the limitations agreed to under a confidential
agreement entered pursuant to sections 12-30-108 and 12-205-114;
(e) Has had a registration or license suspended or revoked for actions that
are a violation of this article 205 or an applicable provision of article 20 or 30 of this
title 12;
(f) Has been convicted of or pled guilty or nolo contendere to a felony or any
crime defined 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.
(g) Has practiced athletic training without a license;
(h) Has failed to notify the director of any disciplinary action in regard to the
person's past or currently held license, certificate, or registration required to
practice athletic training in this state or any other jurisdiction;
(i) Has refused to submit to a physical or mental examination when so
ordered by the director pursuant to section 12-205-113;
(j) Has failed to practice pursuant to the direction of a Colorado-licensed or
otherwise lawfully practicing physician or physician assistant;
(k) Has practiced athletic training in a manner that fails to meet generally
accepted standards of athletic training practice; or
(l) Has otherwise violated any provision of this article 205 or an applicable
provision of article 20 or 30 of this title 12.
(3) Except as otherwise provided in subsection (2) of this section, the
director need not find 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.
(4) (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.
(5) 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.
(6) (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.
(7) A final action of the director is subject to judicial review pursuant to
section 12-20-408. The director may institute a judicial proceeding in accordance
with section 24-4-106 to enforce the director's order.
(8) An employer of an athletic trainer shall report to the director any
disciplinary action taken against the athletic trainer or the resignation of the
athletic trainer in lieu of disciplinary action for conduct that violates this article
205.