Section 338.1377. Prohibited conduct.

 (1) In addition to section  16221   of  the  code,    prohibited conduct includes, but is not limited to, the following acts or omissions by any individual covered by these rules:

(a)      Practicing outside of the boundaries of professional competence, based on education, training, and experience.

(b)   Failing to provide or arrange for the provision or continuity of necessary athletic training services.

(c)   Engaging in harassment or unfair discrimination based on age, gender, gender identity, race, ethnicity,  national  origin,   religion,  sexual orientation, disability, or any basis proscribed by law.

(d)  Being involved in either a dual or multiple relationship with a current or former patient or client or a member of his or her immediate family, when there is a risk of harm to, or exploitation of, the patient or client. As used in this subrule, "multiple relationship" means a relationship in which a licensee is in a professional role with an individual and 1 of the  following occurs at the same time:

(i)   The licensee takes  on  a professional  role  even   though  a personal, scientific, legal, financial, or other relationship could impair the exercise  of   professional discretion or make the interests of a patient or  client secondary to those of the licensee.

(ii)   The  licensee  takes   advantage  of  any  professional  relationship or exploits others to further his or her personal, religious, political, business, or financial interests, including inducing a patient or  client  to solicit a business on behalf of the licensee.

(iii)    The licensee solicits or engages  in  a  sexual  relationship  with a current patient or client.

(iv)    The licensee solicits or engages in a  sexual  relationship   with an individual, other than a consenting adult,  to  whom   the  licensee  is delegating the performance of an act, task, or  function  related   to  the  practice   of athletic training, as permitted under R 338.1369.

(e)     Violating  the  confidentiality  of    a   patient's    or   client's privileged information by releasing such information to a third party not involved in the patient's or client's care  without  a  release  from the

patient or  client, unless required by law.

(f)       Violating applicable local, state, and federal laws as well as institutional or educational guidelines.

(g)   Using information obtained in the course of the practice of athletic training to try to influence directly or indirectly the score or outcome of an athletic event, or attempt to induce  financial gain through gambling.

(2) As used in subrule (1) of this rule, "patient or client" means an individual who receives any of the following, pursuant to MCL 333.17901 of the public health code: treatment for risk management and injury prevention, clinical  evaluation   and assessment for an injury or illness, or both; immediate care and treatment of an individual for an injury or illness, or both; or rehabilitation and reconditioning of  an injury or illness.

History: 2010 AACS.