Bill Text: CA AB1890 | 2013-2014 | Regular Session | Introduced

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: (Vetoed) 2014-08-04 - Consideration of Governor's veto pending. [AB1890 Detail]

Download: California-2013-AB1890-Introduced.html

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BILL NUMBER: AB 1890	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 19, 2014

   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.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1890, as introduced, Chau. Athletic trainers.
   Existing law provides for the regulation of various professions
and vocations, including those of an athlete agent.
   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 within the Osteopathic
Medical Board of California 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, 2015, 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
prohibit, on and after July 1, 2015, in specified cases, and on and
after January 1, 2018, in all cases, a person from using the title
"athletic trainer," unless the person is licensed by the committee.
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 and to provide notice to the Legislature,
the Governor, and on the department's Internet Web site of the
determination, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 15
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.
However, on and after January 1, 2018, a person shall not engage in
the practice of athletic training or use the title "athletic trainer"
unless he or she is licensed by the committee pursuant to this
chapter.
   (d)  Subject to Section 2697.34, this section shall become
operative on July 1, 2015.
   2697.8.  (a) There is established the Athletic Trainer Licensing
Committee within the Osteopathic Medical Board of California. 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, 2015, 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) Passes the examination described in subdivision (b) of Section
2697.12.
   (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, 2015.
   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, 2015.
   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 unless the director
determines, on or before January 1, 2015, 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 provide written notification to the
Legislature and the Governor when the determination described in
subdivision (b) has been made, and shall concurrently post a notice
on the Department of Consumer Affairs Internet Web site that the
determination has been made.
   (d) A failure of the director to comply with subdivision (c) 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.