BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 864
                                                                  Page  1

          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 864 (Skinner) - As Amended:  April 29, 2013 

          Policy Committee:                              Business,  
          Professions and Consumer Protection           Vote: 11-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes the Athletic Training Practice Act (Act)  
          to license and regulate athletic trainers (ATs) through the  
          creation of an Athletic Trainer Licensing Committee (Committee)  
          under the Physical Therapy Board of California (Board), to  
          commence on July 1, 2014 and expire on January 1, 2019.  Defines  
          AT scope of practice, authorizes the Committee to develop  
          regulations based on specified criteria, and requires ATs to  
          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 (OMB).
           
           FISCAL EFFECT  

          Initial costs of at least $500,000 to establish the committee,  
          develop regulations, and begin evaluating applicants.  Annual  
          costs of approximately $200,000 to $400,000, depending on the  
          number of applicants and licensees.  Funding would eventually be  
          supported by fees; however the source of start-up funds is not  
          clear.
           
           COMMENTS  

           1)Rationale  .  The AT licensure created by this bill gives the  
            Committee powers similar to other licensing boards under the  
            Department of Consumer Affairs to promulgate regulations,  
            approve training and educational programs, investigate  
            applicants and issue licenses, and order disciplinary measures  
            up to and including license suspension. This bill is sponsored  
            by the California Athletic Trainers' Association (CATA). 









                                                                  AB 864
                                                                  Page  2

            According to the author, athletic training is recognized by  
            the American Medical Association as an allied health care  
            profession similar to physical therapy and occupational  
            therapy  ATs practice today without regulation.  Forty-eight  
            other states regulate ATs because of the inherent risk in  
            practicing without oversight.

           2)Concerns  .  This bill is opposed by organizations representing  
            nurses, physical therapists, occupational therapists, and  
            teachers as well as numerous individuals.  Primary concerns  
            focus on the existence of already qualified healing arts  
            practitioners and the proposed scope of practice, viewed by  
            opponents as very broad.  

           3)Previous legislation  .  Numerous bills have been introduced in  
            the last 10 years to provide licensure, title protection, or  
            registration for ATs.  One bill would have required a state  
            review of the need for licensure.  About half of these bills  
            died in various committees and about half were vetoed.  Most  
            recently, SB 1273 (Lowenthal) of 2012 , which was very similar  
            to this bill, failed passage in the Senate Business and  
            Professions Committee. 

           Analysis Prepared by  :    Debra Roth / APPR. / (916) 319-2081