BILL ANALYSIS Ó
AB 161
Page 1
GOVERNOR'S VETO
AB
161 (Chau)
As Enrolled September 9, 2015
2/3 vote
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|ASSEMBLY: |80-0 |(April 20, |SENATE: |40-0 |(September 3, |
| | |2015) | | |2015) |
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|ASSEMBLY: |80-0 |(September 4, | | | |
| | |2015) | | | |
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Original Committee Reference: B. & P.
SUMMARY: Establishes title protection for certified athletic
trainers (CATs). Specifically, this bill:
1)Prohibits a person from holding himself or herself out to be
an athletic trainer (AT) or a CAT, use the title "athletic
trainer," "certified athletic trainer," "licensed athletic
trainer," "registered athletic trainer," or any other term
such as "AT," "ATC," "LAT," 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:
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i) Graduated from a college or university after
completing an 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) or its
predecessors or successors; and
b) He or she is certified by the BOC, or its predecessors
or successors.
2)States that it is an unfair business practice, as specified,
for a person to use the title "athletic trainer," "certified
athletic trainer," "licensed athletic trainer," "registered
athletic trainer," or any other term such as "AT," "ATC,"
"LAT," 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."
The Senate amendments add the terms "licensed athletic trainer"
and "registered athletic trainer" to list of prohibited titles,
and permit an individual to complete an athletic training
program accredited by the CAATE or its predecessors or
successors and complete eligibility requirements by the BOC's
predecessors or successors, as specified.
EXISTING LAW: Provides for the regulation of various
professions and vocations including those of an athlete agent.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
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COMMENTS:
Purpose. This bill is sponsored by the California Athletic
Trainers Association. According to the author, "[ATs]
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]."
Background. This bill would establish a title protection for
ATs who have been certified by the BOC, meaning that individuals
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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 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% 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.
Board of Certification, Inc. The CAATE is the national agency
responsible for accrediting education institutions for athletic
training. Currently, in California, at least 13 universities
provide bachelor degree in athletic training programs certified
by CAATE. The BOC provides the 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
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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
"ATC," "LAT," "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.
GOVERNOR'S VETO MESSAGE:
This bill prohibits a person from using the title of athletic
trainer unless they have received a bachelor's degree and are
certified by a national certification body. I vetoed a nearly
identical measure last year and continue to believe that the
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conditions set forth in this bill impose unnecessary burdens on
athletic trainers without sufficient evidence that changes are
needed.
Analysis Prepared by: Elissa Silva / B. & P. / (916)
319-3301 FN: 0002451