Relates to the certification and licensure of athletic trainers; provides certain exemptions and requires continuing education.
STATE OF NEW YORK ________________________________________________________________________ 6678 2013-2014 Regular Sessions IN ASSEMBLY April 12, 2013 ___________Introduced by M. of A. LAVINE -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to certification of athletic trainers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 8351 of the education law, as amended by chapter 658 of the laws of 1993, is amended to read as follows: S 8351. Definition. As used in this article "athletic trainer" means any person who is duly
[certified]LICENSED in accordance with this article to perform athletic training under the supervision of a physi- cian [and limits his or her practice to secondary schools, institutions of postsecondary education, professional athletic organizations, or a person who, under the supervision of a physician, carries out comparable functions on orthopedic athletic injuries, excluding spinal cord inju- ries, in a health care organization]AND CARRIES OUT THE PRACTICE OF PREVENTION, RECOGNITION, EVALUATION, MANAGEMENT, DISPOSITION, TREATMENT AND REHABILITATION OF INJURIES. Supervision of an athletic trainer by a physician shall be continuous but shall not be construed as requiring the physical presence of the supervising physician at the time and place where such services are performed. [The scope of work described herein shall not be construed as author- izing the reconditioning of neurologic injuries, conditions or disease.]S 2. Section 8352 of the education law, as amended by chapter 658 of the laws of 1993, is amended to read as follows: S 8352. Definition of practice of athletic training. The practice of the profession of athletic training is defined as the [application of principles, methods and procedures for managing athletic injuries, which shall include the preconditioning, conditioning and reconditioning of an individual who has suffered an athletic injury through the use of appro- priate preventative and supportive devices, under the supervision of aPREVENTION, RECOGNITION, EXAMINATION, EVALUATION, AND REHABILITATION OF INJURIES, ATHLETIC INJURIES, ILLNESSES, OR CONDITIONS RELATED TO ACTIV- ITY THAT REQUIRES PHYSICAL SKILL AND UTILIZES STRENGTH, POWER, ENDUR- ANCE, SPEED, FLEXIBILITY, RANGE OF MOTION OR AGILITY, INCLUDING USE OF VARIOUS THERAPEUTIC MODALITIES AND TECHNIQUES, WITHOUT RESPECT TO WHERE OR HOW THE ILLNESS, INJURY, OR CONDITION OCCURRED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF PRACTICE OF AN ATHLET- IC TRAINER BEYOND THE DETERMINATION OF THE ADVISING AND CONSENTING PHYSICIAN. ATHLETIC INJURY IS DEFINED AS ANY INJURY SUSTAINED BY AN INDIVIDUAL THAT AFFECTS THE INDIVIDUAL'S PARTICIPATION OR PERFORMANCE IN SPORTS, GAMES, RECREATION, EXERCISE, OR OTHER ACTIVITY THAT REQUIRES PHYSICAL STRENGTH, AGILITY, FLEXIBILITY, SPEED, STAMINA OR RANGE OF MOTION. S 3. Section 8353 of the education law, as added by chapter 798 of the laws of 1992, is amended to read as follows: S 8353. Use of the title "certified athletic trainer". Only a personEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06145-01-3 A. 6678 2
physician and recognizing illness and referring to the appropriate medical professional with implementation of treatment pursuant to physi- cian's orders. Athletic training includes instruction to coaches, athletes, parents, medical personnel and communities in the area of care and prevention of athletic injuries. The scope of work described herein shall not be construed as authoriz- ing the reconditioning of neurologic injuries, conditions or disease]
[certified]LICENSED or otherwise authorized under this article shall PRACTICE OR use the title " [certified]athletic trainer". S 4. Section 8354 of the education law, as added by chapter 798 of the laws of 1992, is amended to read as follows: S 8354. State [committee]BOARD for athletic trainers. A state [committee]BOARD for athletic trainers shall be appointed by the board of regents, upon the recommendation of the commissioner and shall assist on matters of [certification]PROFESSIONAL LICENSING and professional conduct in accordance with section six thousand five hundred eight of this title. The [committee]BOARD shall consist of five members who are athletic trainers [certified]LICENSED in this state AND ONE PUBLIC MEMBER THAT IS A CONSUMER OF THE PROFESSION. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER. [The committee shall assist the state board for medicine in athletic training matters. Nominations and terms of office of the members of the state committee for athletic trainers shall conform to the corresponding provisions relating thereto for state boards under article one hundred thirty of this chapter. Notwithstanding the foregoing, the members of the first committee need not be certified prior to their appointment to the committee.]S 5. Section 8355 of the education law, as added by chapter 798 of the laws of 1992, is amended to read as follows: S 8355. Requirements and procedure for professional [certification]LICENSURE. [For certification as a certified]TO QUALIFY FOR A LICENSE AS AN athletic trainer under this article, an applicant shall fulfill the following requirements: 1. Application: file an application with the department; 2. Education: have received an education including a bachelor's, its equivalent or higher degree in accordance with the commissioner's regu- lations; 3. Experience: have experience in accordance with the commissioner's regulations;A. 6678 3
4. Examination: pass an examination in accordance with the commission- er's regulations; 5. Age: be at least twenty-one years of age; and 6. Fees: pay a fee for an initial
[certificate]LICENSE of one hundred dollars to the department; and a fee of fifty dollars for each triennial registration period. S 6. Section 8356 of the education law, as amended by chapter 658 of the laws of 1993, is amended to read as follows: S 8356. [Special provisions. A person shall be certified without exam- ination provided that, within three years from the effective date of regulations implementing the provisions of this article, the individual: 1. files an application and pays the appropriate fees to the depart- ment; and 2. meets the requirements of subdivisions two and five of section eight thousand three hundred fifty-five of this article and who in addi- tion: (a) has been actively engaged in the profession of athletic training for a minimum of four years during the seven years immediately preceding the effective date of this article; or (b) is certified by a United States certifying body acceptable to the department.]EXEMPT PERSONS. 1. NOTHING CONTAINED IN THIS ARTICLE SHALL PROHIBIT: (A) THE PRACTICE OF ATHLETIC TRAINING THAT IS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN AN ACCREDITED ATHLETIC TRAINING PROGRAM. STUDENTS ENROLLED IN AN ACCREDITED ATHLETIC TRAINING PROGRAM SHALL BE IDENTIFIED AS "ATHLETIC TRAINING STUDENTS" AND SHALL ONLY PRAC- TICE ATHLETIC TRAINING UNDER THE DIRECTION AND IMMEDIATE SUPERVISION OF AN ATHLETIC TRAINER CURRENTLY LICENSED UNDER THIS ARTICLE. AN ATHLETIC TRAINING STUDENT SHALL NOT HOLD HIMSELF OR HERSELF OUT AS A LICENSED ATHLETIC TRAINER; OR (B) THE PRACTICE OF ATHLETIC TRAINING BY ANY PERSON WHO IS AN ATHLETIC TRAINER FROM ANOTHER NATION, STATE, OR TERRITORY ACTING AS AN ATHLETIC TRAINER WHILE FOR PURPOSES OF CONTINUING EDUCATION, OR PERFORMING HIS OR HER DUTIES FOR HIS OR HER RESPECTIVE NON-NEW YORK STATE BASED TEAM OR ORGANIZATION, SO LONG AS HE OR SHE RESTRICTS HIS OR HER DUTIES TO HIS OR HER TEAM OR ORGANIZATION DURING THE COURSE OF HIS OR HER TEAM'S OR ORGANIZATION'S STAY IN THIS STATE FOR NO MORE THAN SIXTY DAYS IN A CALENDAR YEAR. 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE ADMIN- ISTRATION OF THERAPEUTIC MANAGEMENT OR THE USE OF MODALITIES BY A PERSON WHO IS OTHERWISE AUTHORIZED TO PERFORM SUCH DUTIES. S 7. The education law is amended by adding a new section 8356-a to read as follows: S 8356-A. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ATHLET- IC TRAINER REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVI- SION TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. LICENSED ATHLETIC TRAINERS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA- TION CERTIFICATE, EXCEPT THAT A LICENSED ATHLETIC TRAINER MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI- TIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.A. 6678 4
(B) EACH LICENSED ATHLETIC TRAINER SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE. (C) A LICENSED ATHLETIC TRAINER NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA- TION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF ATHLETIC TRAINING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. 2. DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR REGIS- TRATION AS A LICENSED ATHLETIC TRAINER SHALL COMPLETE A MINIMUM OF FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION. ANY LICENSED ATHLETIC TRAINER WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, SHALL COMPLETE CONTINUING EDUCA- TION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FOURTEEN AND THEN FIFTEEN HOURS PER YEAR UNTIL HIS OR HER FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM. 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS- TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS- TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN- NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. 4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE IN ATHLETIC TRAINING AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART- MENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OFA. 6678 5
CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA- TORY CONTINUING EDUCATION REQUIREMENT. COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. 5. A LICENSED ATHLETIC TRAINER SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. 6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA- TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION EIGHTY-THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE. S 8. Section 8357 of the education law, as added by chapter 798 of the laws of 1992, is amended to read as follows: S 8357. Non-liability of
[certified]LICENSED athletic trainers for first aid or emergency treatment. Notwithstanding any inconsistent provision of any general, special or local law, any [certified]LICENSED athletic trainer who voluntarily and without the expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency, outside a hospital, doctor's office or any other place having proper and necessary athletic training equipment, to a person who is unconscious, ill or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid or emer- gency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such LICENSED athletic trainer. Nothing in this section shall be deemed or construed to relieve a [certified]LICENSED athletic trainer from liability for damages for injuries or death caused by an act or omission on the part of an athletic trainer while rendering professional services in the normal and ordinary course of his or her practice. S 9. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.