BILL ANALYSIS Ó
AB 161
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 161
(Chau) - As Amended March 17, 2015
SUBJECT: Athletic trainers.
SUMMARY: Establishes title protection for certified athletic
trainers (CAT).
EXISTING LAW
1)Provides for the regulation of various professions and
vocations including those of an athlete agent. (Business and
Professions Code Section 18895)
THIS BILL
1) Prohibits a person from holding himself or herself out to be
an athletic trainer (AT) or a CAT, or from using the term
"AT," "ATC," or "CAT," to imply or suggest that the person is
an AT unless he or she meets the following requirements:
a) He or she has done either of the following:
i) Graduated from a college or university after
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completing and athletic training education program
accredited by the Commission on Accreditation of Athletic
Training Education (CAATE) or its predecessors or
successors; or
ii) Completed eligibility requirements for certification
by the Board of Certification, Inc. (BOC) prior to
January 1, 2004; and
b) He or she is certified by the BOC, prior to January 1,
2004.
2)States that it is an unfair business practice, as specified,
for a person to use the title "athletic trainer," "certified
athletic trainer," or any other term such as "certified,"
"licensed," "registered," "AT," "ATC," or "CAT," that implies
or suggests that the person is an AT if he or she does not
meet the specified requirements.
3)Provides that a person who has worked as an AT in California
for a period of 20 consecutive years, prior to January 1,
2016, and who is not otherwise eligible to use the title
"athletic trainer," may use the title "athletic trainer."
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS
1)Purpose. This bill is sponsored by the California Athletic
Trainers Association . According to the author, "[ATs]
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specialize in the prevention, diagnosis and intervention of
emergency, acute, and chronic medical conditions involving
impairment, functional limitations, and disabilities. Their
clients include a wide range of people engaged in physical
activities from professional and amateur athletes to
industrial workers and entertainers. [ATs] are employed by
professional sports teams, colleges and universities, high
schools, outpatient rehabilitation clinics, hospitals,
industry/corporations, performing arts groups, physicians, the
military and other institutions. Nearly 40 [percent] of [ATs]
in California work with non-athletes in various industries
because they can reduce employee injuries and worker's
compensation costs.
Although many high school and college sports teams already
employ ATs, and several California State University campuses
offer bachelor degrees in athletic training, California is the
only state that does not regulate this vital and growing
profession. Currently, anyone can label him or herself an
[AT] without the proper education, training, or certification.
Without state oversight, the public could be harmed by
relying on someone who calls themselves an AT without the
appropriate background. [This bill] would protect
Californians by ensuring that only those people who have the
proper education, training, and certification may call
themselves an [AT]."
2)Background. This bill would establish a title protection for
ATs who have been certified by the BOC, meaning that
individuals who are not certified would be prohibited from
holding themselves out as an AT. This bill provides an
exemption for those individuals who have been practicing as an
AT for 20 consecutive years prior to January 1, 2016.
Athletic Trainers. According to the National Athletic
Trainers Association (NATA), ATs are health care professionals
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who collaborate with physicians to provide preventative
services, emergency care, clinical diagnosis, therapeutic
intervention and rehabilitation of injuries and medical
conditions. ATs work in a variety of settings, including
schools, colleges, professional sports, clinics, hospitals,
corporations, industry, performing arts venues, municipalities
(e.g. fire and police departments) and the military.
Students who want to become CATs must earn a degree from an
accredited athletic training curriculum. Accredited programs
include formal instruction in areas such as injury and illness
prevention, first aid and emergency care, assessment of injury
and illness, human anatomy and physiology, therapeutic
modalities, and nutrition and include both classroom learning
and clinical education experience. More than 70 percent of
certified ATs hold at least a master's degree. California is
one of only two states which do not regulate the athletic
training profession. According to the sponsor, there are 2913
CATs in California. However, it is unknown how many ATs may
be practicing in California who have not been certified by the
BOC.
According to the author, despite the vital role ATs play in
safety, the lack of regulation in California creates a great
risk that people who have lost or are unable to obtain
licensure in other states will come here to practice, putting
the public in danger and degrading the standards of the
profession as a whole. The lack of regulation also allows
individuals with no education at all to practice as an [AT].
This bill would specifically prohibit individuals who have not
met certification standards or who have not been practicing
athletic training for 20 consecutive years prior to January 1,
2016 from holding themselves out as an "AT," "CAT," or "ATC."
Board of Certification, Inc. The Commission on Accreditation
of Athletic Training Education (CAATE) is the national agency
responsible for accrediting education institutions for
athletic training. Currently, in California, at least 13
universities provide bachelor degree athletic training
programs certified by CAATE. The BOC provides the
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certification examination, which is based on the CAATE
educational principles, and the BOC is the only entity which
provides athletic training certification and would be the sole
provider of the certification examination in California.
Certification is voluntary and this bill would not require
certification in California nor would non-certified
individuals be subject to regulatory discipline for practicing
the profession.
Title Act vs. Practice Act. There is an important distinction
between regulations which require licensure and those which
protect a professional title. Statutes regulating professions
in California generally fall into two categories: a "practice
act" or a "title act." A "practice act" regulates the duties,
responsibilities and scope of practice that a licensee can
perform upon meeting specific educational, experiential or
training requirements. A "title act" simply regulates the use
of the title an individual may use in practice. In order to
be permitted to use a title, a state may require proof that an
individual has a certain level of experience or education
relevant to the particular title being regulated. Title
protection is generally intended to be a means of market
differentiation whereas a "practice act" would literally
prohibit individuals from engaging in the practice regardless
of how it is described. This bill would allow individuals to
continue to practice athletic training in California, but they
would not be permitted to call themselves "ATs" or use the
title "AT" or "CAT."
The Role of Title Protection. This bill would provide
BOC-certified ATs with title protection, while those
non-certified individuals who advertise the use of the name AT
would risk legal action-except for those individuals who meet
the 20-year exemption.
Industry Trends. According to the Bureau of Labor Statistics,
employment of athletic trainers is projected to grow 21
percent from 2012 to 2022, faster than the average for all
occupations. However, because it is a small occupation, the
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fast growth will result in only about 4,900 new jobs over the
10-year period. As people become more aware of sports-related
injuries at a young age, demand for ATs is expected to
increase, most significantly in colleges, universities and
youth leagues.
3)Current Related Legislation. AB 1279 (Holden) of the current
legislative session, establishes title protection for Music
Therapists who have completed education and clinical training
requirements as specified. STATUS: This bill is pending in
the Assembly Committee on Business and Professions.
4)Prior Related Legislation. AB 1890 (Chau), of 2014 would have
established title protection for athletic trainers. NOTE: AB
1890 was vetoed by Governor Brown.
AB 864 (Skinner) of 2013 would have established the Athletic
Training Practice Act to license and regulate athletic
trainers through the creation of an Athletic Trainer Licensing
Committee under the Physical Therapy Board of California.
NOTE: AB 864 was held in the Assembly Appropriations
Committee.
SB 1273 (Lowenthal) of 2012 was very similar to AB 864 in most
respects. NOTE: SB 1273 failed passage in the Senate
Business, Professions and Economic Development Committee.
AB 374 (Hayashi) of 2011 in its most recent version would have
extended title protection to athletic trainers. NOTE: AB 374
was amended in the Assembly Appropriations Committee to
address an unrelated issue.
AB 1647 (Hayashi) of 2010 would have extended title protection
to athletic trainers. NOTE: AB 1647 was vetoed by Governor
Schwarzenegger.
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SB 284 (Lowenthal) of 2007 would have provided for
registration of ATs. NOTE: SB 284 was vetoed by Governor
Schwarzenegger.
SB 1397 (Lowenthal) of 2006 would have provided for
registration of ATs. NOTE: SB 1397 was vetoed by Governor
Schwarzenegger.
AB 614 (Lowenthal) of 2003 would have required the Department
of Consumer Affairs to review the need for licensing of ATs.
NOTE: AB 614 was held in the Senate Business, Professions and
Economic Development Committee.
AB 2789 (Lowenthal) of 2002 would have required the Department
of Consumer Affairs to review the need for licensing of ATs
and undertake an occupational analysis. NOTE: AB 2789 was
held on the Assembly Appropriations Committee Suspense file.
POLICY ISSUES FOR CONSIDERATION. Legislation providing title
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protection or some form of registration has been passed and
vetoed four separate times in past legislative sessions. The
most recent was AB 1890 (Chau) of 2014. The provisions of AB
1890 were substantially similar to those contained in this bill;
however, the Governor ultimately vetoed AB 1890 and cited
concerns in his veto message about the necessity of the bill.
According to the Governor's veto message "this bill would make
it illegal for any person to use the title of "athletic trainer"
unless that person goes to college, gets a bachelor degree and
meets various other certification requirements. These conditions
impose unnecessary burdens on athletic trainers without
sufficient evidence that they are really needed." Because this
bill is substantially similar to AB 1890, the Committee may wish
to inquire of the author what steps have been taken to alleviate
the Governor's concerns as presented in his veto message.
ARGUMENTS IN SUPPORT. The California Athletic Trainers'
Association writes in support, "California is the only state
that does not regulate this vital and growing profession.
Currently, anyone can label themselves as an athletic trainer
without the proper education, training or certification.
Without state oversight, the public could be harmed by relying
on someone who calls themselves an athletic trainer but does not
have the appropriate education, training or certification.
[This bill] would protect Californians by insuring that only
those who have the proper education, training and certification
may call themselves an athletic trainer."
ARGUMENTS IN OPPOSITION
None on file.
REGISTERED SUPPORT / OPPOSITION:
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Support
California Athletic Trainers' Association (sponsor)
American Medical Society for Sports Medicine
Association of Independent California Colleges and Universities
Board of Certification, Inc.
California College and University of Police Chiefs
University of Southern California
1300 individuals (approximate)
Opposition
None on file.
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301
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