BILL NUMBER: AB 864	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 21, 2013

   An act to add Chapter 5.8 (commencing with Section 2697.2) to
Division 2 of, and to repeal Section 2697.8 of, the Business and
Professions Code, relating to athletic trainers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 864, as introduced, Skinner. Athletic trainers.
   Existing law provides for the regulation of various professions
and vocations, including those of an athlete agent.
   This bill would provide for the licensure and regulation of
athletic trainers, as defined, by the Athletic Trainer Licensing
Committee, to be established by the bill within the Physical Therapy
Board of California. Under the bill, the committee would be comprised
of 7 members, to be appointed to 4-year terms as specified.
Commencing July 1, 2014, the bill would prohibit a person from
practicing as an athletic trainer or using certain titles without a
license issued by the committee. The bill would specify the
requirements for licensure, including the payment of a license
application fee established by the committee. The bill would define
the practice of athletic training and prescribe supervision
requirements on athletic trainers. The bill would establish the
Athletic Trainers' Account within the Physical Therapy Fund for the
deposit of license application and renewal fees, and would make those
fees available to the committee for the purpose of implementing
these provisions upon appropriation by the Legislature.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) California is one of only two states that does not currently
regulate the practice of athletic training. This continued lack of
regulation creates the risk that individuals who have lost or are
unable to obtain licensure in another state will come to California
to practice, thereby putting the public in danger and degrading the
standards of the profession as a whole.
   (b) There is a pressing and immediate need to regulate the
profession of athletic training in order to protect the public
health, safety, and welfare. This need is particularly important
because athletic trainers often work with school-age children.
  SEC. 2.  Chapter 5.8 (commencing with Section 2697.2) is added to
Division 2 of the Business and Professions Code, to read:
      CHAPTER 5.8.  ATHLETIC TRAINERS


   2697.2.  This chapter shall be known and may be cited as the
Athletic Trainers Practice Act.
   2697.4.  For the purposes of this chapter, the following
definitions shall apply:
   (a) "Athletic trainer" means a person who meets the requirements
of this chapter, is licensed by the committee, and practices under
the direction of a licensed physician or surgeon.
   (b) "Board" means the Physical Therapy Board of California.
   (c) "Committee" means the Athletic Trainer Licensing Committee.
   2697.6.  (a) No person shall engage in the practice of athletic
training unless licensed pursuant to this chapter.
   (b) No person shall use the title "athletic trainer," "licensed
athletic trainer," "certified athletic trainer," "athletic trainer
certified," "a.t.," "a.t.l.," "c.a.t.," "a.t.c.," or any other
variation of these terms, or any other similar terms indicating that
the person is an athletic trainer unless that person is licensed
pursuant to this chapter.
   (c) Notwithstanding subdivisions (a) and (b), a person who
practiced athletic training in California for a period of 15
consecutive years prior to July 1, 2014, and is not eligible for an
athletic training license may use the title "athletic trainer"
without being licensed by the committee, upon registration with the
board. However, on and after January 1, 2017, no person may use the
title "athletic trainer" unless he or she is licensed by the
committee pursuant to this chapter.
   (d) This section shall become operative on July 1, 2014.
   2697.8.  (a) There is established the Athletic Trainer Licensing
Committee within the Physical Therapy Board of California. The
committee shall consist of seven members.
   (b) The seven committee members shall include the following:
   (1) Four licensed athletic trainers. Initially, the committee
shall include four athletic trainers who have satisfied the
requirements of subdivision (a) of Section 2697.12 and who will
satisfy the remainder of the licensure requirements described in
Section 2697.12 as soon as it is practically possible.
   (2) One public member.
   (3) One physician and surgeon licensed by the Medical Board of
California or one osteopathic physician and surgeon licensed by the
Osteopathic Medical Board of California.
   (4) One physical therapist licensed by the Physical Therapy Board
of California.
   (c) Subject to confirmation by the Senate, the Governor shall
appoint two of the licensed athletic trainers, the public member, and
the physician and surgeon or osteopathic physician and surgeon. The
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a licensed athletic trainer. The Physical Therapy Board of
California shall appoint the licensed physical therapist.
   (d) (1) All appointments shall be for a term of four years and
shall expire on June 30 of the year in which the term expires.
Vacancies shall be filled for any unexpired term.
   (2) Notwithstanding paragraph (1), for initial appointments made
on or after January 1, 2014, the public member appointed by the
Governor shall serve a term of one year. The athletic trainers
appointed by the Senate Committee on Rules and the Speaker of the
Assembly shall serve terms of three years, and the remaining members
shall serve terms of four years.
   (e) Each member of the committee shall receive per diem and
expenses as provided in Section 103.
   (f) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date. The repeal of this section renders the committee subject
to the review required by Article 7.5 (commencing with Section
9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code.
   2697.10.  (a) The committee shall adopt, repeal, and amend
regulations as may be necessary to enable it to carry into effect the
provisions of this chapter. All regulations shall be in accordance
with this chapter.
   (b) In promulgating regulations, the committee may consult the
professional standards issued by the National Athletic Trainers'
Association (NATA), the Board of Certification, Inc. (BOC), the
Commission on Accreditation of Athletic Training Education (CAATE),
or any other nationally recognized professional organization.
   (c) The committee shall approve programs for the education and
training of athletic trainers.
   (d) The committee shall investigate each applicant, before a
license is issued, in order to determine whether the applicant meets
the qualifications required by this chapter.
   (e) Protection of the public shall be the highest priority for the
committee in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
   2697.12.  Except as otherwise provided in this chapter, the
committee shall issue an athletic trainer license to an applicant who
meets all of the following requirements:
   (a) Has submitted an application developed by the committee that
includes evidence that the applicant has graduated from a
professional degree program in athletic training accredited by the
Commission on Accreditation of Athletic Training Education, or its
predecessors or successors, and approved by the committee, at an
accredited post-secondary institution or institutions approved by the
committee.
   (b) Has completed a program of professional education that
includes didactic, clinical, and research experiences in athletic
training using critical thinking and weighing of evidence.
   (c) Has passed a written athletic training certification
examination offered by the Board of Certification, Inc., its
predecessors or successors, or another nationally accredited athletic
trainer certification agency approved and recognized by the
committee.
   (d) Possesses an emergency cardiac care certification from a
certification body, approved by the committee, that adheres to the
most current international guidelines for cardiopulmonary
resuscitation and emergency cardiac care.
   (e) Has paid the application fee established by the committee.
   2697.14.  Notwithstanding Section 2697.12, the committee shall
issue an athletic trainer license to an applicant who did not
graduate from an accredited athletic training education program as
described in subdivision (a) of Section 2697.12, but who received
athletic training via an internship, if the applicant meets all of
the following requirements:
   (a) Furnishes evidence satisfactory to the committee of completion
of a degree at an accredited post-secondary institution that
included instruction in basic sciences related to, and on the
practice of, athletic training.
   (b) Passes the written examination described in subdivision (c) of
Section 2697.12.
   (c) Completes at least 1500 hours of clinical experience under an
athletic trainer certified by the Board of Certification, Inc.
   (d) Possesses an emergency cardiac care certification from a
certification body, approved by the committee, that adheres to the
most current international guidelines for cardiopulmonary
resuscitation and emergency cardiac care.
   (e) Has paid the application fee established by the committee.
   2697.16.  A license issued by the committee pursuant to Section
2697.12 or 2697.14 shall be valid for two years and thereafter shall
be subject to the renewal requirements described in Sections 2697.18
and 2697.20.
   2697.18.  The committee shall establish license application and
renewal fees in an amount sufficient to cover the reasonable
regulatory costs of carrying out this chapter.
   2697.20.  The committee shall renew a license if an applicant
meets all of the following requirements:
   (a) Pays the renewal fee as established by the committee.
   (b) Submits proof of all of the following:
   (1) Satisfactory completion of continuing education, as determined
by the committee.
   (2) Current athletic training certification from a certification
body approved by te committee, including, but not limited to, the
Board of Certification, Inc., or its predecessors or successors.
   (3) Current emergency cardiac care certification meeting the
requirements of subdivision (d) of Section 2697.12.
   2697.22.  (a) The practice of athletic training includes all of
the following:
   (1) The professional treatment of a patient for risk management
and injury or illness prevention.
   (2) The clinical evaluation and assessment of a patient for an
injury or an illness sustained or exacerbated while participating in
physical activity, or both.
   (3) The immediate care and treatment of a patient for an injury or
an illness sustained or exacerbated while participating in physical
activity, or both.
   (4) The rehabilitation and reconditioning of a patient from injury
or from an illness sustained or exacerbated while participating in
physical activity, or both.
   (b) The practice of athletic training does not include the
practice of physical therapy, the practice of medicine, the practice
of osteopathic medicine, the practice of chiropractic medicine, or
medical diagnosis or treatment.
   (c) An athletic trainer shall refer a patient to an appropriate
licensed health care provider when the treatment or management of the
injury, illness, or condition does not fall within the practice of
athletic training.
   (d) An athletic trainer shall not provide, offer to provide, or
represent that he or she is qualified to provide any treatment that
he or she is not qualified to perform by his or her education,
training, or experience, or that he or she is otherwise prohibited by
law from performing.
   (e) For purposes of this section, "injury" or "illness" means an
injury or illness sustained as a result of, or exacerbated by,
participation in athletics or physical activity for which the
athletic trainer has had formal training during his or her
professional education program, including nationally recognized
educational competencies and clinical proficiencies for the
entry-level athletic trainer or advanced post-professional study, and
falls within the practice of athletic training.
   (f) This section shall become operative on July 1, 2014.
   2697.24.  (a) An athletic trainer shall render treatment within
his or her scope of practice under the direction of a physician and
surgeon licensed by the Medical Board of California or an osteopathic
physician and surgeon licensed by the Osteopathic Medical Board of
California. This direction shall be provided by verbal order when the
directing physician and surgeon or osteopathic physician and surgeon
is present and by written order or by athletic training treatment
plans or protocols, to be established by the physician and surgeon or
osteopathic physician and surgeon, when the directing physician and
surgeon or osteopathic physician and surgeon is not present.
   (b) Notwithstanding any other law, and consistent with this
chapter, the committee may establish other alternative mechanisms for
the adequate direction of an athletic trainer.
   (c) This section shall become operative on July 1, 2014.
   2697.26.  The requirements of this chapter do not apply to the
following:
   (a) An athletic trainer licensed, certified, or registered in
another state or county who is in California temporarily, traveling
with a team or organization, to engage in the practice of athletic
training for, among other things, an athletic or sporting event.
   (b) An athletic trainer licensed, certified, or registered in
another state who is invited by a sponsoring organization, such as
the United States Olympic Committee, to temporarily provide athletic
training services under his or her state's scope of practice for
athletic training.
   (c) A student enrolled in an athletic training education program,
while participating in educational activities during the course of
his or her educational rotations under the supervision and guidance
of an athletic trainer licensed under this chapter or other licensed
health care provider.
   (d) A member or employee of the United States Armed Forces,
licensed, certified, or registered in another state, as part of his
or her temporary federal deployment or employment in California for a
limited time.
   2697.28.  Nothing in this chapter shall be construed to limit,
impair, or otherwise apply to the practice of any person licensed and
regulated under any other chapter of Division 2 (commencing with
Section 500).
   2697.30.  Nothing in this chapter shall require new or additional
third party reimbursement for services rendered by an individual
licensed under this chapter.
   2697.32.  The committee may order any of the following actions
relative to an athletic trainer's license after a hearing for
unprofessional conduct that includes, but is not limited to, a
violation of this chapter, any regulations adopted by the committee
pursuant to this chapter, or revocation or suspension of an athletic
training license, certification, or registration:
   (a) Denial of an application for the athletic trainer's license.
   (b) Issuance of the athletic trainer's license subject to terms
and conditions.
   (c) Suspension or revocation of the athletic trainer's license.
   (d) Imposition of probationary conditions upon the athletic
trainer's license.
   2697.34.  The Athletic Trainers' Account is hereby established in
the Physical Therapy Fund. All fees collected pursuant to this
chapter shall be paid into the account. These fees shall be available
to the committee, upon appropriation by the Legislature, for the
regulatory purpose of implementing this chapter.