Bill Text: CA AB796 | 2023-2024 | Regular Session | Amended
Bill Title: Athletic trainers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-07-06 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D. [AB796 Detail]
Download: California-2023-AB796-Amended.html
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July 06, 2023 |
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May 26, 2023 |
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May 18, 2023 |
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April 27, 2023 |
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April 17, 2023 |
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March 30, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 796
| Introduced by Assembly Member Weber |
February 13, 2023 |
An act to add Article 26 (commencing with Section 2529.8.1) to Chapter 5 of Division 2 of, and to repeal Section 2529.8.5 of, the Business and Professions Code, relating to athletic trainers.
LEGISLATIVE COUNSEL'S DIGEST
AB 796, as amended, Weber.
Athletic trainers.
(1) Existing law provides for the licensure and regulation of various professions and vocations by regulatory boards and entities within the Department of Consumer Affairs, including athlete agents. Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons.
This bill would enact the Athletic Training Practice Act, which would establish, until January 1, 2028, the Athletic Trainer Registration Committee within the Medical Board of California to register athletic trainers and administer duties under the act. The bill would prohibit a person from practicing as an athletic trainer or using certain titles or terms without being registered by the committee.
The
This bill would define the practice of athletic training and training. The bill would impose requirements for registration as an athletic trainer, including official verification of the applicant’s certification by a certifying entity for athletic trainers, as defined. defined, and providing the committee with proof that the applicant passed a background check, as specified. The bill would require a supervising physician or surgeon to define the terms of the relationship with an athletic trainer and continuously maintain
supervision and the ability to direct an athletic trainer, as specified.
The
This bill would provide that an athletic trainer registration would be valid for 2 years and subject to renewal. The bill would require the committee to set and collect registration and renewal fees, as specified. The bill would require the committee to perform specified duties regarding administering registrations and performing oversight of registrants, including accepting complaints from the public. The bill would require the committee to deny or revoke the registration of a person that does not provide the
committee with specified information and is not certified by a certifying entity for athletic trainers. The bill would make a violation of its provisions a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
The
This bill would establish the Athletic Trainers Fund for the deposit of registration and renewal fees and would make those fees available to the committee upon appropriation by the Legislature for the purpose of implementing the act’s provisions. For the purposes of administering its provisions, the bill would require
that the committee only use moneys from the Athletic Trainers Fund, except as provided. The bill would authorize the Director of Consumer Affairs to seek and receive donations from the California Athletic Trainers Association or any other private individual or entity for the initial costs of implementing the act, and would specify that, if private funds are unavailable, a loan from the General Fund or a special fund may be used and repaid with fee revenue. The bill would require the director to determine that sufficient funds for that purpose have been obtained and to provide notice to the Legislature, the Governor, and on the department’s internet website of the determination.
(2) Existing constitutional provisions require that a statute that limits the right of
access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures
for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 26 (commencing with Section 2529.8.1) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read:Article 26. Athletic Trainers
2529.8.1.
This article shall be known, and may be cited, as the Athletic Training Practice Act.2529.8.2.
For the purposes of this article, the following definitions apply:(a) “Athlete” means a person who, in association with an educational institution, an organized community sports program or event that has regularly scheduled practices and officially designated coaches, or a professional, amateur, or recreational organization or sports club that has regularly scheduled practices and officially designated coaches, participates in sports, games, recreation, or exercise requiring physical strength, flexibility, range of motion, speed, stamina, or agility.
(b) (1) “Athletic trainer” means a person who meets
the requirements of this article, is registered by the committee, and practices under the direction of a licensed physician or surgeon.
(2) For purposes of this subdivision, “direction” means an order issued by a physician or surgeon to follow as a protocol, recommendation, or oral order that is documented by the registered athletic trainer or and
physician or surgeon, or both. or surgeon.
(c) “Athletic training” means the performance of those services
for an athlete that require the education, training, and experience required by this article for registration as an athletic trainer. “Athletic training” excludes treatment related to spinal cord injuries except first aid. “Athletic training” includes all of the following:
(1) Planning, administering, evaluating, and modifying methods for prevention and risk management of injuries and illnesses.
(2) Services appropriate for the prevention, recognition, assessment, management, treatment, rehabilitation, and reconditioning of injuries and illnesses sustained by an athlete, as defined in subdivision (a), that affect an athlete’s participation or performance in sports, games, recreation, or exercise.
(3) Identifying an athlete’s medical conditions and disabilities and appropriately caring for or referring an athlete as appropriate.
(4) Recognizing, assessing, treating, managing, preventing, rehabilitating, reconditioning, and appropriately referring to another health care provider to treat injuries and illnesses.
(5) Using therapeutic modalities for which the athletic trainer has received appropriate training and education.
(6) Using conditioning and rehabilitative exercise.
(7) Using topical pharmacological agents, in conjunction with the administration of therapeutic modalities and pursuant to prescriptions issued in accordance with the laws of this state,
for which the athletic trainer has received appropriate training and education.
(8) Educating and counseling athletes concerning the prevention and care of injuries and illnesses.
(9) Educating and counseling the general public with respect to athletic training services.
(10) Referring an athlete receiving athletic training services to appropriate health care personnel as needed.
(11) Planning, organizing, administering, and evaluating the practice of athletic training.
(d) “Board” means the Medical Board of California.
(e) “Certifying entity for athletic trainers” means the Board of Certification, Inc. or its successor entity, or any other certifying board for athletic trainers that is accredited by the National Commission for Certifying Agencies.
(f) “Committee” means the Athletic Trainer Registration Committee.
(g) “Director” means the Director of Consumer Affairs.
2529.8.3.
(a) This article shall not authorize an athletic trainer to practice any of the following:(1) Medicine, as defined under Chapter 5 (commencing with Section 2000).
(2) Physical therapy, as defined under Chapter 5.7 (commencing with Section 2600).
(3) Chiropractic, as defined under Chapter 2 (commencing with Section 1000).
(4) Occupational therapy, as defined under Chapter 5.6 (commencing with Section 2570).
(5) Any other regulated form of healing except as authorized by this article.
(b) This article does not authorize an athletic trainer to treat a disease or condition that is unrelated to a person’s participation in sports, games, recreation, or exercise. However, the athletic trainer shall take a person’s disease or condition into account in providing athletic training services and shall consult with a physician or surgeon as appropriate regarding the disease or condition.
2529.8.4.
(a) A person shall not hold themselves out to be an athletic trainer, use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any other term such as “A.T.,” “A.T.C.,” “C.A.T.,” or “L.A.T.” to imply or suggest that the person is an athletic trainer, unless the person is certified by a certifying entity for athletic trainers and registered pursuant to Section 2529.8.8.(b) It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 for a person to use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,”
“registered athletic trainer,” or any other term such as “A.T.,” “A.T.C.,” “C.A.T.,” or “L.A.T.” that implies or suggests that the person is an athletic trainer unless the person is certified by a certifying entity for athletic trainers and registered pursuant to Section 2529.8.8.
(c) A person who is currently using one of the titles listed under subdivisions (a) and (b) and is covered under a collective bargaining agreement is not subject to the requirements of this section until the parties to that bargaining agreement renew that agreement. At that time, a person shall not use the titles listed in subdivisions (a) and (b) if the individual does not meet the requirements of this section. Those individuals may choose a different title to describe their positions under the new collective bargaining agreement.
(d) An employee whose title is changed in order to comply with this section shall not suffer any loss of employment status as a result of the title change, including, but not limited to, layoff, demotion, termination, reclassification, or loss of pay, seniority, benefits, or any other status or compensation related to the position.
2529.8.5.
(a) There is established the Athletic Trainer Registration Committee within the Medical Board of California.(b) The committee shall consist of seven members, as follows:
(1) Three registered athletic trainers, except that initially, the committee shall include three athletic trainers certified by a certifying entity for athletic trainers.
(2) Three public members.
(3) One physician or surgeon licensed by the Medical Board of California or one osteopathic physician or surgeon licensed by the
Osteopathic Medical Board of California.
(c) Subject to confirmation by the Senate, the Governor shall appoint the licensed athletic trainers, one of the public members, and the physician or surgeon or osteopathic physician or surgeon. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(1) The athletic trainers shall be appointed from the following:
(A) Two members shall be actively practicing athletic training and engaged primarily in direct patient care as an athletic trainer with at least five continuous years of experience.
(B) One member shall be active primarily as an educator or administrator
in a program to educate athletic trainers.
(2) The physician or surgeon or osteopathic physician or surgeon shall be appointed from persons who have supervised or are currently supervising athletic trainers.
(d) Each member of the committee shall be appointed for a term of four years. The appointing power shall immediately fill a vacancy for the unexpired portion of the terms in which the vacancy occurs. No person shall serve as a member of the committee for more than two consecutive terms.
(e) Each member of the committee shall receive per diem and expenses pursuant to Section 103.
(f) (1) The committee shall meet annually and as often as it deems
necessary.
(2) Four members of the board committee shall constitute a quorum for the transaction of business at any meeting.
(3) The affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.
(4) The committee shall elect from its members a chair, a vice chair, and a secretary who shall hold their respective positions at the pleasure of the committee. The chair may call meetings of the committee and any duly appointed committee at a specified time and
place.
(g) No person who directly or indirectly owns any interest in any college, school, or other institution or certifying body engaged in athletic training instruction or certification shall be appointed to the committee, nor shall any incumbent member of the committee have or acquire any interest, direct or indirect, in any such college, school, or institution.
(h) Except as provided by Section 159.5, the committee may employ, within the limits of the funds received by the committee, all personnel necessary for the administration of this article. The committee shall not use staff that is not employed directly by the committee to carry out this chapter.
(i) This section shall remain in effect only until
January 1, 2028, and as of that date is repealed.
2529.8.6.
Notwithstanding any other law, the repeal of Section 2529.8.5 renders the committee subject to review by the appropriate policy committees of the Legislature.2529.8.7.
On or after January 1, 2028, unless certified as of that date as an athletic trainer by a certifying entity for athletic trainers and registered with the committee, no person shall do any of the following:(a) Practice athletic training.
(b) Use titles specified in subdivisions (a) and (b) of Section 2529.8.4.
2529.8.8.
(a) The committee shall register an athletic trainer if all of the following conditions are met:(1) The committee receives official verification of the applicant’s current certification by a certifying entity for athletic trainers.
(2) The applicant submits an application developed by the committee that includes the following:
(A) The name or names of the applicant.
(B) The applicant’s contact information, including the applicant’s phone number, email address, and mailing address. An
applicant may provide an alternate address of record for purposes of the public registry. An alternate address of record is anywhere a registrant may receive service of process, including a current work address or a valid post office box. Nothing in this paragraph prohibits the committee from requiring a home address in addition to an alternate address of record for purposes of committee communications.
(3) (A) The applicant pays any and all registration fees established by the committee pursuant to subdivision (c).
(B) The fees specified in subparagraph (A) shall not exceed the reasonable regulatory costs of administering, implementing, and enforcing the provisions of this article.
(4) (A) The applicant passes a background check and submits proof to the committee of that background check upon submitting their application to the committee.
(B) The applicant shall be responsible for any costs related to the background check.
(b) A registration issued pursuant to this article shall be valid for two years and subject to the renewal requirements of Section 2529.8.9.
(c) The committee shall set and collect a registration fee that does not exceed the committee’s reasonable regulatory costs of administering, and is consistent with the
purposes of, this article. The registration fee shall be paid into the Athletic Trainers Fund pursuant to subdivision (b) of Section 2529.8.15. 2529.8.14.
2529.8.9.
(a) The committee shall renew a registration pursuant to this article if both of the following conditions are met:(1) The committee receives official verification of the applicant’s current certification by a certifying entity for athletic trainers.
(2) (A) The registrant pays any and all renewal fees established by the committee pursuant to subdivision (b).
(B) The fees specified in subparagraph (A) shall not exceed the reasonable regulatory costs of administering, implementing, and enforcing the provisions of this article.
(b) The committee shall set and collect a renewal fee that does not exceed the committee’s reasonable regulatory costs of administering, and is consistent with the purposes of, this article. The renewal fee shall be paid into the Athletic Trainers Fund pursuant to subdivision (b) of Section 2529.8.15. 2529.8.14.
2529.8.10.
(a) The committee shall deny or revoke a registration for any of the following reasons:(1) The applicant or registrant fails to provide required information information, or fails to pass their background check, pursuant to subdivision (a) of Section 2529.8.8.
(2) No certifying entity for athletic trainers certifies the applicant or registrant.
(b) The committee shall
participate in the disciplinary action exchange of each certifying entity for athletic trainers, if one exists, and otherwise work with the certifying entities for athletic trainers to receive disciplinary action reports. This subdivision shall not require the certifying entity for athletic trainers to take any action upon receipt of a disciplinary action report.
(c) An applicant or registrant whose registration has been denied or revoked may submit an application for registration, and the committee shall approve the application if the applicant meets the requirements of subdivision (a) of Section 2529.8.8.
2529.8.11.
(a) The committee shall accept complaints from the public but shall not investigate the complaints.(b)The committee shall refer complaints related to incompetent or unethical practice or patient harm to the certifying entity for athletic trainers that was the basis for the subject’s registration and include a statement disclosing the verified nature of the complaint. This subdivision shall not require the certifying entity for athletic trainers to take any action upon receipt of the referred complaint.
(c)Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of
Title 1 of the Government Code), the committee shall not make available to the public complaints that have not resulted in a final disciplinary action or criminal conviction.
(d)
(b) (1) The committee shall track and report data relating to complaints and registrants to the appropriate policy committees of the Legislature by January 1, 2027. The information shall be aggregated in a manner that does not disclose personal or identifying information that is not otherwise publicly available.
(2) The requirement for submitting a report imposed under paragraph
(1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
2529.8.12.
(a) A supervising physician or surgeon shall define the terms of the relationship with the athletic trainer.(b) A supervising physician or surgeon shall continuously maintain supervision and the ability to direct an athletic trainer, but this requirement shall not be construed as requiring the physical presence of the supervising physician or surgeon at the time and place where athletic training services are performed.
A person who violates this article shall be guilty of a misdemeanor.
2529.8.14.2529.8.13.
The requirements of this article shall not apply to any of the following:(a) The lawful practice of a person licensed or regulated under any other law.
(b) A teacher, coach, or other individual for an institution or organization, either private or public, within this state, who does not hold themselves out to the public as an athletic trainer.
(c) An athletic trainer licensed,
certified, or registered in another state or country who is in California temporarily while traveling with a team or organization to engage in the practice of athletic training for, among other things, an athletic or sporting event and only when the athletic trainer limits their scope of practice to the members of the team or organization or during an emergency.
(d) An athletic trainer licensed, certified, or registered in another state or country who is invited by a sponsoring organization, such as the United States Olympic Committee, to temporarily provide athletic training services under their state’s scope of practice for athletic training.
(e) A student enrolled in an athletic training education program, while participating in educational activities during the course of the
student’s educational rotations under the supervision and guidance of an athletic trainer or physician and surgeon when the student’s title clearly indicates student status.
(f) A member or employee of the United States Armed Forces, licensed, certified, or registered in another state as an athletic trainer, as part of their temporary federal deployment or employment in California for a limited time.
(g) A person performing personal training, including recommending weight management or exercise to improve strength, conditioning, flexibility, and cardiovascular performance.
2529.8.15.2529.8.14.
(a) The Athletic Trainers Fund is hereby established in the State Treasury.(b) All fees collected pursuant to this article shall be paid into the Athletic Trainers Fund. Moneys in the fund shall be available to the committee, upon appropriation by the Legislature, for expenditure by the committee to defray its expenses for administering this article.
(c) For purposes of administering this article, the committee shall
only use moneys from the Athletic Trainers Fund, except as provided in Section 2529.8.16. 2529.8.15.
2529.8.16.2529.8.15.
Notwithstanding any other law, including Section 11005 of the Government Code, the director may seek and receive funds from2529.8.17.2529.8.16.
The director shall determine that sufficient funds for that purpose of administering this article have been obtained and shall provide notice to the Legislature, the Governor, and on the department’s internet website of the determination.2529.8.18.2529.8.17.
The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 2529.8.11 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:To protect the personally identifiable information of athletic trainers from disclosure and abuse.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
