Amended in Assembly April 21, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1890

Introduced by Assembly Member Chau

February 19, 2014

begin delete An act to add and repeal Chapter 5.8 (commencing with Section 2697.2) of Division 2 of the Business and Professions Code, relating to athletic trainers. end delete begin insert An act to add Chapter 2.7 (commencing with Section 18898) to Division 8 of the Business and Professions Code, relating to athletic trainers. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1890, as amended, Chau. Athletic trainers.

begin insert

Existing law provides for the regulation of various professions and vocations, including those of an athlete agent.

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This bill would make it unlawful for any person to hold himself or herself out as a certified athletic trainer unless he or she has been certified by the Board of Certification, Inc., and has either graduated from a college or university, after completing an accredited athletic training education program, as specified, or completed requirements for certification by the Board of Certification, Inc., prior to January 1, 2004. The bill would make it an unfair business practice to violate these provisions.

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Existing law provides for the regulation of various professions and vocations, including those of an athlete agent.

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This bill would enact the Athletic Training Practice Act which would, until January 1, 2020, provide for the licensure and regulation of athletic trainers, as defined. The bill would establish the Athletic Trainer Licensing Committee to implement these provisions, including issuing and renewing athletic training licenses and imposing disciplinary action. Under the bill, the committee would be comprised of 7 members, to be appointed to 4-year terms except as specified. Commencing July 1 of the year in which this bill becomes operative, the bill would prohibit a person from practicing as an athletic trainer or using certain titles without a license issued by the committee, except as specified. 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’ 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. The bill would authorize the Director of Consumer Affairs to seek and receive donations from the California Athletic Trainers Association for purposes of obtaining funds for the startup costs of implementing the act. The bill would require the director to determine that sufficient funds for that purpose have been obtained by a specified date and make the operation of these provisions contingent upon that determination. The bill would require the director to provide notice to the Legislature, the Governor, and on the department’s Internet Web site of the determination, as specified.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Chapter 2.7 (commencing with Section 18898)
is added to Division 8 of the end insert begin insert Business and Professions Code end insert begin insert , to
read: end insert

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Chapter   begin insert 2.7. end insert Athletic Trainers

 

begin insert 18898. end insert   

(a) No person shall hold himself or herself out to be a
certified athletic trainer unless he or she meets the following
requirements:

(1) He or she has done either of the following:

(A) Graduated from a college or university after completing an
athletic training education program accredited by the Commission
on Accreditation of Athletic Training Education, or its predecessors
or successors.

(B) Completed requirements for certification by the Board of
Certification, Inc., prior to January 1, 2004.

(2) He or she has been certified by the Board of Certification,
Inc.

(b) It is an unfair business practice within the meaning of
Chapter 5 (commencing with Section 17200) of Part 2 of Division
7 for any person to use the title of “certified athletic trainer” or
any other term, such as “licensed,” “registered,” or “ATC,” that
implies or suggests that the person is certified as an athletic
trainer, if the person does not meet the requirements of subdivision
(a).

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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 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 schoolage 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 Training Practice Act.

2697.4.  

For the purposes of this chapter, the following
definitions 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) “Committee” means the Athletic Trainer Licensing
Committee.

2697.6.  

(a) A person shall not engage in the practice of athletic
training unless licensed pursuant to this chapter.

(b) A person shall not 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 20
consecutive years prior to July 1, 2015, and is not eligible on that
date for an athletic training license may engage in the practice of
athletic training and use the title “athletic trainer” without being
licensed by the committee, upon registration with the committee.

(d)  Subject to Section 2697.34, this section shall become
operative on July 1 of the year this chapter becomes operative.

2697.8.  

(a) There is established the Athletic Trainer Licensing
Committee. The committee consists 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 are 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 of the year this chapter becomes
operative, 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.

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, the Board of Certification, Inc., the Commission on
Accreditation of Athletic Training Education, 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 is 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 is paramount.

2697.12.  

Except as otherwise provided in this chapter, the
committee shall issue an athletic training 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 postsecondary institution or institutions approved
by the committee. The professional degree program shall consist
of didactic, clinical, and research experiences in athletic training
using critical thinking and weighing of evidence.

(b) Has passed an 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.

(c) 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.

(d) Has paid the application fee established by the committee.

2697.14.  

Notwithstanding Section 2697.12, the committee
shall issue an athletic training 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 postsecondary institution
that included instruction in basic sciences related to, and on the
practice of, athletic training.

(b) Passed the examination described in subdivision (b) of
Section 2697.12 by December 31, 2003.

(c) Completes at least 1,500 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 is valid for two years and thereafter is 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 the 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.

2697.21.  

(a) The committee may deny a license or the renewal
of a license for an applicant or licensee who is described by any
of the following:

(1) Does not meet the requirements of this chapter.

(2) Has had an athletic training license, certification, or
registration revoked or suspended by an accredited organization,
state, or territory.

(3) Has been convicted of a felony or any other crime that
substantially relates to the functions or duties of an athletic trainer.

(4) Has committed unprofessional conduct, as described in
subdivision (b).

(b) The committee may order any of the following actions
relative to an athletic training license after a hearing for
unprofessional conduct, which includes, but is not limited to, a
violation of this chapter, any regulation adopted by the committee
pursuant to this chapter, and revocation or suspension of an athletic
training license, certification, or registration by an accredited
organization, state, or territory:

(1) Issuance of the athletic training license subject to terms and
conditions.

(2) Suspension or revocation of the athletic training license.

(3) Imposition of probationary conditions upon the athletic
training license.

2697.22.  

(a) The practice of athletic training includes all of
the following:

(1) Risk management and injury or illness prevention.

(2) The clinical evaluation and assessment of an injury or an
illness sustained or exacerbated while participating in physical
activity, or both.

(3) The immediate care and treatment of an injury or an illness
sustained or exacerbated while participating in physical activity,
or both.

(4) The rehabilitation and reconditioning from an injury or 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, the
practice of nursing, 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 postprofessional study, and falls within the
practice of athletic training.

(f) Subject to Section 2697.34, this section shall become
operative on July 1 of the year this chapter becomes operative.

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) Subject to Section 2697.34, this section shall become
operative on July 1 of the year this chapter becomes operative.

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 country 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.  

This chapter does not 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.  

This chapter does not require new or additional
third-party reimbursement for services rendered by an individual
licensed under this chapter.

2697.32.  

The Athletic Trainers’ Fund is hereby established.
All fees collected pursuant to this chapter shall be paid into the
fund. These fees shall be available to the committee, upon
appropriation by the Legislature, for the regulatory purpose of
implementing this chapter.

2697.34.  

(a) Notwithstanding any other law, including Section
11005 of the Government Code, the Director of Consumer Affairs
may seek and receive funds from the California Athletic Trainers
Association for the initial costs of implementing this chapter.

(b) This chapter shall not become operative until January 1 of
the year following the date upon which the director determines
that sufficient funds to pay for the initial costs of this chapter have
been received from the California Athletic Trainers Association,
or some other source of funding, and the funds are deposited in
the Athletic Trainers’ Fund.

(c) The director shall make the funding determination described
in subdivision (b) on or before June 30, 2015. If the director finds
that sufficient funds are not available by that date, he or she shall
reexamine the funding status by June 30 of each subsequent year
until he or she determines that the conditions described in
subdivision (b) have been met.

(d) The director shall provide written notification to the
Legislature and the Governor when the funding conditions
described in subdivision (b) have been met and shall concurrently
post a notice on the Department of Consumer Affairs Internet Web
site that the determination has been made.

(e) A failure of the director to comply with subdivision (d) shall
not affect the validity of a determination made pursuant to
subdivision (b).

2697.36.  

This chapter shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.

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