Bill Text: CA AB796 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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Amended  IN  Assembly  April 27, 2023

Amended  IN  Assembly  April 17, 2023

Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 796

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Introduced by Assembly Member Weber

February 13, 2023

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An act to add and repeal Chapter 5.8 Article 26 (commencing with Section 2697) 2529.8.1) of Chapter 5 of Division 2 of the Business and Professions Code, relating to athletic trainers.

LEGISLATIVE COUNSEL'S DIGEST

AB 796, as amended, Weber. Athletic trainers.

Existing

(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 California Board of Occupational Therapy Medical Board of California within the Department of Consumer Affairs and provides for the licensure and regulation of the practice of occupational therapy. 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, an unspecified date, the Athletic Trainer Licensing Registration Committee within the California Board of Occupational Therapy Medical Board of California to exercise licensing, regulatory, and disciplinary functions 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 licensed registered by the committee.

The bill would define the practice of athletic training, specify training and would impose requirements for licensure registration as an athletic trainer, and including official verification of the applicant’s certification by a certifying entity for athletic trainers, as defined. The bill would require a licensed athletic trainer to practice only under the supervision of a physician or surgeon. that practice agreements, as defined, between an athletic trainer and one or more physicians and surgeons contain certain provisions, including the types of athletic training services the athletic trainer is authorized to perform.

The bill would provide that an athletic trainer license registration would be valid for 2 years and subject to renewal, and would authorize the committee to deny, suspend, or revoke a license and to discipline a licensee for specified reasons. renewal. 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 is not certified by a certifying entity for athletic trainers. The bill would specify acts that constitute unprofessional conduct and would make it a misdemeanor for any person to violate the act. make a violation of its provisions a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

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.

The bill would establish the Athletic Trainers Fund for the deposit of application 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. 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 general fund or special fund loan 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: YES  

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Bill Text

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

SECTION 1.Chapter 5.8 (commencing with Section 2697) is added to Division 2 of the Business and Professions Code, to read:

5.8.Athletic Trainers

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. Administration Athletic Trainers

2697.2529.8.1.

 This chapter article shall be known, and may be cited, as the Athletic Training Practice Act.

2697.1.2529.8.2.

 For the purposes of this chapter, article, the following definitions apply:

(a) “Athlete” means a person who is engaged in sports, games, recreation, or exercise requiring physical strength, flexibility, range of motion, speed, stamina, or agility.

(a)

(b) “Athletic trainer” means a person who meets the requirements of this chapter, article, is licensed registered by the committee, and practices under the direction of a licensed physician or surgeon.

(1)The term “athletic trainer” shall not include any teacher, coach, or other individual for an institution or organization, either public or private, within this state, who does not hold themselves out to the public as athletic trainers.

(2)Nothing in this chapter shall be construed to prevent any person from serving as an athletic training student, assistant athletic trainer, teacher athletic trainer, or any similar volunteer position if such service is not primarily for compensation and is carried out under the supervision of a physician or a licensed athletic trainer.

(3)The term “athletic trainer” shall not include any person who serves as a first responder or other layman position providing basic first aid within this state but who does not perform the duties of an athletic trainer or hold themselves out as an athletic trainer. For purposes of this chapter basic first aid includes the initial steps taken to stabilize an injury or illness situation until more advanced or professionally trained personnel can assume treatment measures. This care generally consists of simple, life-saving or injury-stabilizing techniques that a nonphysician or layperson can be easily trained to perform with minimal equipment, and is generally recognized as such by national organizations such as the American Red Cross, National Safety Council, American Heart Association, or other similar organization.

(b)

(c) “Athletic training” means the performance of those services that require the education, training, and experience required by this chapter article for licensure registration as an athletic trainer pursuant to this chapter. trainer. “Athletic training” includes services appropriate for the prevention, recognition, assessment, management, treatment, rehabilitation, and reconditioning of injuries and illnesses sustained by an athlete: athlete, as defined in subdivision (a), that affect an athlete’s participation or performance in sports, games, recreation, or exercise.

(1)Who is engaged in sports, games, recreation, or exercise requiring physical strength, flexibility, range of motion, speed, stamina, or agility; or

(2)That affect an athlete’s participation or performance in sports, games, recreation, or exercise as described in paragraph (1).

(c)

(d) “Athletic training” includes: includes all of the following:

(1) Planning, administering, evaluating, and modifying methods for prevention and risk management of injuries and illnesses; illnesses.

(2) Identifying an athlete’s medical conditions and disabilities and appropriately caring for or referring an athlete as appropriate; appropriate.

(3) Recognizing, assessing, treating, managing, preventing, rehabilitating, reconditioning, and appropriately referring to another health care provider to treat injuries and illnesses; illnesses.

(4) Using therapeutic modalities for which the athletic trainer has received appropriate training and education; education.

(5) Using conditioning and rehabilitative exercise; exercise.

(6) 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; education.

(7) Educating and counseling athletes concerning the prevention and care of injuries and illnesses; illnesses.

(8) Educating and counseling the general public with respect to athletic training services; services.

(9) Referring an athlete receiving athletic training services to appropriate health care personnel as needed; and needed.

(10) Planning, organizing, administering, and evaluating the practice of athletic training.

(d)

(e) “Board” means the California Board of Occupational Therapy. Medical Board of California.

(f) “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.

(e)

(g) “Committee” means the Athletic Trainer Licensing Registration Committee.

(f)

(h) “Director” means the Director of Consumer Affairs.

(i) “Practice agreement” means the writing, developed through collaboration among one or more physicians and surgeons and one or more athletic trainers that defines the athletic training services the athletic trainer is authorized to perform in the settings specified in the practice agreement.

(g)

(j) “Supervising physician” or “supervising physician and surgeon” means a physician or surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more athletic trainers, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation prohibiting the employment or supervision of a physician assistant. assistant, athletic trainer, or other supervisee.

(h)(1)

(k) “Supervision” means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by an athletic trainer. Supervision, as defined in this subdivision, shall not be construed to require the physical presence of the physician or surgeon, surgeon but does require both of the following:

(A)

(1) Adherence to adequate supervision as agreed to in the practice agreement.

(B)

(2) The physician or surgeon being available by telephone or other electronic communication method.

(2)Nothing in this subdivision shall be construed as prohibiting the committee from requiring the physical presence of a physician or surgeon as a term or condition of an Athletic Trainer’s reinstatement, probation, or imposing discipline.

(i)“Regulations” means the rules and regulations as set forth in Division 13.8 (commencing with Section 1399.500) of Title 16 of the California Code of Regulations.

2697.2.

Only a person licensed as an athletic trainer may use the title “athletic trainer” or “licensed athletic trainer,” the letters “A.T.” or “A.T.C.” as a title, or any other generally accepted terms, letters, or figures that indicate that the person is an athletic trainer.

2697.3.2529.8.3.

 (a) Nothing in this chapter authorizes This article shall not authorize an athletic trainer to practice: practice any of the following:

(1) Medicine, as defined under Chapter 5 (commencing with Section 2000); 2000).

(2) Physical therapy, as defined under Chapter 5.7 (commencing with Section 2600); 2600).

(3) Chiropractic, as defined under Chapter 2 (commencing with Section 1000); 1000).

(4) Occupational therapy, as defined under Chapter 5.6 (commencing with Section 2570); or 2570).

(5) Any other regulated form of healing except as authorized by this chapter. article.

(b) Nothing in this chapter authorizes This article does not authorize an athletic trainer to treat a disease or condition that is not related unrelated to a person’s participation in sports, games, recreation, or exercise, but 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 as appropriate regarding the disease or condition.

(c)Nothing in this chapter prohibits a person from recommending weight management or exercise to improve strength, conditioning, flexibility, and cardiovascular performance to a person in normal health as long as the person recommending the weight management or exercise does not represent themselves as an athletic trainer and the person does not engage in athletic training as defined in this chapter.

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.

2697.4.2529.8.5.

 (a) There is established the Athletic Trainer Licensing Registration Committee within the California Board of Occupational Therapy. Medical Board of California.

(b) The committee shall consist of seven members, as follows:

(1) Three licensed registered athletic trainers, except that initially, the committee shall include three athletic trainers certified by the Board of Certification, Inc. or another nationally accredited athletic trainer certification agency, or its predecessors or successors, who shall satisfy the remainder of the licensure requirements described in Section 2697.6 as soon as it is practically possible. 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 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, 20__, and as of that date is repealed.

2697.5.

(a)(1)The committee shall adopt, repeal, and amend regulations as may be necessary to administer and enforce this chapter.

(2)Before adopting 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 athletic training organization.

(b)The committee shall confirm, to the extent practicable, the information provided in an application before issuing a license to an applicant pursuant to this chapter.

(c)The committee shall give protection of the public the highest priority 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 shall be paramount.

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, 20__, 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, except as specified under Section 2529.8.14.

(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.

(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) A registration issued pursuant to this article shall be valid for two years and subject to the renewal requirements of Section 2529.8.9.

2529.8.9.

 The committee shall renew a registration pursuant to this article if both of the following conditions are met:

(a) The committee receives official verification of the applicant’s current certification by a certifying entity for athletic trainers.

(b) (1) The registrant pays any and all renewal fees established by the committee.

(2) The fees specified in subparagraph (A) shall not exceed the reasonable regulatory costs of administering, implementing, and enforcing the provisions of this article.

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 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) (1) The committee shall track and report data relating to complaints and registrants to the appropriate policy committees of the Legislature by January 1, 20__. 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 July 1, 20__, 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 practice agreement shall include provisions that address all of the following:

(1) The types of athletic training services the athletic trainer is authorized to perform.

(2) Policies and procedures to ensure adequate supervision of the athletic trainer, including, but not limited to, appropriate communication, availability, consultations, and referrals between a physician and surgeon and the athletic trainer in the provision of athletic services.

(3) The methods for continuing evaluation of the competency and qualifications of the athletic trainer.

(4) Any additional provisions agreed to by the athletic trainer and physician and surgeon.

(b) A practice agreement shall be signed by both of the following:

(1) The athletic trainer.

(2) One or more physicians and surgeons.

2529.8.13.

 A person who violates this article shall be guilty of a misdemeanor.

2529.8.14.

 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.

 The Athletic Trainers Fund is hereby established in the State Treasury. All fees collected pursuant to this article shall be paid into the 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.

2529.8.16.

 Notwithstanding any other law, including Section 11005 of the Government Code, the director may seek and receive funds from the California Athletic Trainers Association or any other private individual or entity for the initial costs of implementing this article. If private funds are unavailable to cover the startup costs of implementing this act, a General Fund or special fund loan may be used and shall be repaid with fee revenue.

2529.8.17.

 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.

 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.

2.Licensure

2697.6.

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)At the time of application, the applicant is over 18 years of age, is not addicted to alcohol or any controlled substance, and has not committed acts or crimes constituting grounds for denial of a license under Section 480.

(b)The applicant has submitted an application developed by the committee.

(c)The applicant passed an athletic training certification examination offered by the Board of Certification, Inc., or its predecessors or successors.

(d)The applicant has passed a criminal background check.

(e)The applicant has paid the application fee established by the committee.

2697.7.

A license issued by the committee pursuant to Section 2697.6 is valid for two years and thereafter is subject to the renewal requirements described in Section 2697.8.

2697.8.

The committee shall renew a license if an applicant meets both of the following requirements:

(a)Pays the renewal fee as established by the committee as described in this chapter.

(b)Submits proof of both of the following:

(1)Satisfactory completion of necessary continuing education, consistent with the requirements of the Board of Certification, Inc., or its predecessors or successors.

(2)Has a 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.

2697.9.

(a)The committee may deny a license or discipline a 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 or another state or country.

(3)Has been convicted of a crime that is substantially related to the functions or duties of an athletic trainer.

(4)Has committed unprofessional conduct, as described in Section 2697.11.

(b)The committee may order any of the following actions regarding an athletic training license after notice and a hearing to determine unprofessional conduct:

(1)Placing the license on probation with terms and conditions.

(2)Suspending the license and the ability to practice athletic training for a period not to exceed one year.

(3)Revoking the license.

(4)Suspending or staying the disciplinary order, or portions of it, with or without conditions.

(5)Issuing an initial license on probation, with specific terms and conditions, to an applicant who has violated this chapter or the regulations adopted pursuant to it, but who has met all other requirements for licensure.

(6)Taking any other action as the committee, in its discretion, deems proper to protect the public health and safety pursuant to subdivision (c) of Section 2697.5.

(c)If a license is suspended, the holder may not practice as an athletic trainer during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated and the holder entitled to resume practice under any remaining terms of the discipline, unless it is established to the satisfaction of the committee that the holder of the license practiced in this state during the term of suspension. In this event, the committee, after notice and a hearing on this issue alone, may revoke the license.

(d)The committee shall retain jurisdiction to proceed with any investigation, action, or disciplinary proceeding against a license, or to render a decision suspending or revoking a license, regardless of the expiration, lapse, or suspension of the license by operation of law, by order or decision of the committee or a court of law, or by the voluntary surrender of a license by the licensee.

2697.10.

(a)A holder of a license that has been revoked, suspended, or placed on probation, may petition the committee for reinstatement or modification of a penalty, including reduction or termination of probation, after a period not less than the applicable following minimum period has elapsed from either the effective date of the decision ordering that disciplinary action, or, if the order of the committee or any portion of it was stayed, from the date the disciplinary action was actually implemented in its entirety. The minimum periods that shall elapse prior to a petition are as follows:

(1)For a license that was revoked for any reason other than mental or physical illness substantially related to the functions or duties of an athletic trainer, at least three years.

(2)For early termination of probation scheduled for three or more years, at least two years.

(3)For modification of a penalty, reinstatement of a license revoked for mental or physical illness substantially related to the functions or duties of an athletic trainer, or termination of probation scheduled for less than three years, at least one year.

(b)The committee may, in its discretion, specify in its disciplinary order a lesser period of time, provided that the period shall not be less than one year.

(c)The petition submitted shall contain any information required by the committee, which may include a current set of fingerprints accompanied by the fingerprinting fee.

(d)The committee shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the committee. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that they are entitled to the relief sought in the petition.

(e)The committee, or the administrative law judge if one is designated by the committee, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision.

(f)The committee may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty.

(g)The committee shall refuse to consider a petition while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or subject to an order of registration pursuant to Section 290 of the Penal Code.

(h)No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.

2697.11.

For purposes of this chapter, unprofessional conduct includes, but is not limited to, the following:

(a)Incompetence, negligence, or gross negligence in carrying out usual athletic trainer functions.

(b)Repeated similar negligent acts in carrying out usual athletic trainer functions.

(c)A conviction for practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event a certified copy of the record of conviction shall be conclusive evidence thereof.

(d)The use of advertising relating to athletic training that violates Section 17500.

(e)Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a licensee by another healing arts board under the department, another state or territory of the United States, or by any other government agency. A certified copy of the decision, order, or judgment shall be conclusive evidence thereof.

(f)Procuring a license by fraud, misrepresentation, or mistake.

(g)Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any regulation adopted pursuant to this chapter.

(h)Making or giving any false statement or information in connection with the application for issuance or renewal of a license.

(i)Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a licensee, in which event the record of the conviction shall be conclusive evidence thereof.

(j)Impersonating an applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.

(k)Impersonating a licensee, or permitting or allowing another unlicensed person to use a license.

(l)Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a licensee.

(m)Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a licensee, in which event a certified copy of the record of conviction shall be conclusive evidence thereof.

(n)Using excessive force upon or mistreating or abusing any athlete or athlete patient. For purposes of this subdivision, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances.

(o)Falsifying or making grossly incorrect, grossly inconsistent, or unintelligible entries in an athlete or athlete patient or hospital record or any other record.

(p)Changing the prescription of a physician and surgeon or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual harm to the athlete or athlete patient.

(q)Failing to maintain the confidentiality of medical information of an athlete or athlete patient, except as disclosure is otherwise permitted or required by law.

(r)Delegating to an unlicensed employee or person a service that requires the knowledge, skills, abilities, or judgment of a licensee.

(s)Committing any act that would be grounds for denial of a license under Section 480.

(t)Except for good cause, the knowing failure to protect athletes or athlete patients by failing to follow infection control guidelines of the committee, thereby risking transmission of infectious diseases from licensee to athlete or athlete patient, from athlete or athlete patient to athlete or athlete patient, or from athlete or athlete patient to licensee.

(u)As a licensee, obtaining, possessing, or prescribing a controlled substance in violation of Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device in violation of Chapter 9 (commencing with Section 4000).

(v)As a licensee, using to an extent or in a manner dangerous or injurious to themselves, to any other person, or to the public, or that impairs their ability to conduct with safety to the public the practice authorized by their license, of any of the following:

(1)A controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code.

(2)A dangerous drug or dangerous device as defined in Section 4022.

(3)Alcoholic beverages.

(w)As a licensee, being convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in paragraphs (1) and (2) of subdivision (v), or the possession of, or falsification of a record pertaining to, the substances described in paragraph (1) of subdivision (v), in which event the record of the conviction is conclusive evidence thereof.

(x)As a licensee, being committed or confined by a court of competent jurisdiction for intemperate use of any of the substances described in paragraphs (1) and (2) of subdivision (v), in which event the court order of commitment or confinement is prima facie evidence of the commitment or confinement.

(y)As a licensee, falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any athlete or athlete patient’s record, or any other record.

2697.12.

Any person who violates this chapter shall be guilty of a misdemeanor.

3.Revenue

2697.13.

The Athletic Trainers Fund is hereby established in the State Treasury. All fees collected pursuant to this chapter shall be paid into the 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 chapter.

2697.14.

Notwithstanding any other law, including Section 11005 of the Government Code, the director may seek and receive funds from the California Athletic Trainers Association or any other private individual or entity for the initial costs of implementing this chapter. If private funds are unavailable to cover the startup costs of implementing this act, a General Fund or special fund loan may be used and shall be repaid with fee revenue.

2697.15.

The director shall determine that sufficient funds for that purpose of administering this chapter have been obtained and shall provide notice to the Legislature, the Governor, and on the department’s internet website of the determination.

2697.16.

This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 2529.8.1 of 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.

SEC. 2.SEC. 3.

 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.