Article
1. General Provisions
2697.
This chapter shall be known, and may be cited, as the Athletic Training Practice Act.2697.1.
For the purposes of this chapter, the following definitions apply:(a) “Athlete” means a person who participates in an athletic activity.
(b) “Athletic activity” means an activity participation in exercise, sport, game, recreation, wellness, fitness, performing arts, or employment activities involving an athlete that requires physical strength, range of motion, flexibility, body awareness and control, speed, stamina, or agility that is related to the following:
agility.
(1)An activity or
event conducted by any of the following:
(A)An intercollegiate athletic association or interscholastic athletic association.
(B)A professional athletic organization.
(C)An amateur athletic organization.
(2)A professional or recreational activity that meets all of the following:
(A)Has officially designated coaches or trainers.
(B)Conducts regularly scheduled practices or workouts that are supervised by coaches or trainers.
(C)Has established schedules for performances,
competitive events, or exhibitions.
(3)An activity or event defined by the board as “athletic” for purposes of registration under this chapter and as necessary to protect the public.
(c) “Athletic trainer” means a person who practices athletic training and who meets the requirements of subdivision (b) of Section 2697.5.
(d) “Athletic training” includes all of the following:
(1) Risk management and injury or illness prevention through preparticipation screening and evaluation, educational programs, physical conditioning and reconditioning programs, application
of commercial products, use of protective equipment, promotion of healthy behaviors, and reduction of environmental risks.
(2) The clinical evaluation and assessment of an injury sustained or exacerbated while participating in athletic activity or a condition exacerbated while participating in athletic activity, for which the athletic trainer has had formal training during his or her professional education program or advanced postprofessional study and falls within the practice standards of athletic training, by obtaining a history of the injury or condition, inspection and palpation of the injured part and associated structures, and performance of specific testing techniques related to stability and function to determine the extent of an injury.
(3) The immediate care of an
injury sustained or exacerbated while participating in athletic activity or a condition exacerbated while participating in athletic activity, for which the athletic trainer has had formal training during his or her professional education program or advanced postprofessional study and falls within the practice standards of athletic training, by the application of first aid, and emergency procedures, techniques, and equipment for nonlife-threatening or life-threatening injuries or conditions.
(4) The rehabilitation and reconditioning from an injury sustained or exacerbated while participating in athletic activity and reconditioning from a condition, for which the athletic trainer has had formal training during his or her professional education program or advanced postprofessional study and falls within the practice standards of athletic training,
including, but not limited to, the application of physical agents and modalities, therapeutic exercise, manual therapy and massage, standard reassessment techniques and procedures, commercial products and durable medical equipment, and educational programs, in accordance with guidelines established with a healing arts licensee under the supervision of a physician and surgeon as described in subdivision (c) of Section 2697.5.
(5) The practice of athletic training does not include grade 5 spinal manipulations, the diagnosis of disease, or the practice of medicine.
(e) “Board” means the Athletic Training
Board.
(f) “Director” means the Director of Consumer Affairs.
(g) “Registrant” means a person who practices athletic training and is registered pursuant to this chapter.
Article
2. Administration
2697.2.
(a) There is established the Athletic Training Board within the Department of Consumer Affairs.(b) The board is comprised of seven members as follows:
(1) Two Three athletic trainers certified pursuant to Section 2697.5.
(2) Four Three
public members who are not licensed pursuant to this division.
(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.
(c) Subject to confirmation by the Senate, the Governor shall appoint the athletic trainers, two of the public members, 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 public member.
(d) All appointments shall be for a term of four years and shall expire on June 30 of the year in which the term expires. Appointees may be reappointed once. Vacancies shall be filled for any
unexpired term.
(e) Each member of the board shall receive per diem and expenses as provided in Section 103.
(f) Subject to Sections 107 and 154, the board may employ an executive officer and other employees as necessary to administer this chapter.
(g) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
2697.3.
Notwithstanding any other law, the repeal of Section 2697.2 renders the board or its successor entity subject to review by the appropriate policy committees of the Legislature.2697.4.
(a) (1) The board shall adopt, repeal, and amend regulations as may be necessary to administer and enforce this chapter.(2) Before adopting regulations, the board 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 board shall verify, to the extent practicable, the information provided, certified, or attested to in an application before a registration is
issued.
(c) (1) The board shall maintain a publicly accessible registry of all registrants that contains the information specified under subdivision (f) of Section 2697.6.
(2) In maintaining the publicly accessible registry, the board shall comply with the Department of Consumer Affairs’ guidelines for access to public records.
(d) The board shall give protection of the public the highest priority in administering this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
Article
3. Registration and Protected Titles
2697.5.
(a) A Subject to subdivision (c), a person shall not practice athletic training or hold himself or herself out as an athletic trainer or as being able to practice athletic training, or to render athletic training services in this state unless registered with the board pursuant to this chapter.(b) A person shall not use the title “athletic trainer,” “licensed athletic trainer,” “certified athletic trainer,” “registered athletic trainer,” “athletic trainer certified,” “a.t.,” “l.a.t,” “c.a.t.,” “r.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 all of the following apply:
(1) The person is registered pursuant to this chapter.
(2) The board has received official verification of the registrant’s certification issued by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved and recognized by the board.
(3) The registrant maintains the certification issued by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved and recognized by the board.
(c) (1) A registrant who meets the requirements of subdivision (b)
(a) shall only render athletic training services pursuant to a verbal or written order
by, and under the supervision of, 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.
(2) For purposes of this section, “supervision” means services are only provided pursuant to either under a verbal order by a physician and surgeon who is present when the services are provided or, if the physician is not present, under a written order,
telecommunication, or an athletic training treatment plan or protocol that meets all the following:
(A) The plan or protocol specifies the athletic training services, settings, and referral requirements specific to the athletic trainer’s individual training and competence.
(B) The plan or protocol is established with and approved by the supervising physician and surgeon or osteopathic physician and surgeon.
(C) The plan or protocol accounts for the supervising physician and surgeon’s availability to the athletic trainer as determined by the supervising physician and surgeon.
(d) A registrant shall refer an athlete to an appropriate licensed health
care provider when the management of the injury or condition does not fall within the competence of the registrant.
(e) A registrant 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 professional education, advanced postprofessional study, license, or individual training and competence.
(f)A person who does not meet the requirements of subdivision (b) may use the titles “manager,” “coach,” “assistant,” “associate,” “volunteer,” or any other title that does not imply the person is an athletic trainer who meets the requirements of subdivision (b).
(g)
(f) A person who is currently using one of the titles listed under subdivision (b) and is covered under a collective bargaining agreement is not subject to the requirements of subdivision (b) until the parties to that bargaining agreement renew that agreement. At that time, a person shall not use the titles listed in subdivision (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.
(h)
(g) This section shall become operative on January 1, 2021.
2697.6.
Except as otherwise provided in this chapter, the board shall issue an athletic training registration to an applicant who meets all of the following requirements at the time of application:(a) The applicant is over 18 years of age.
(b) The applicant certifies that the applicant 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.
(c) The applicant submits an application developed by the board that includes, but is not limited to, the following:
(1) The name or names of the applicant.
(2) 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 board from requiring a home address in addition to an alternate address of record for purposes of board communications.
(3) The applicant’s current employer and the employer’s contact information. If the applicant is not employed, the applicant shall list any organization or setting where
the applicant practices athletic training on a contractual, ongoing, or regular basis, as specified by the board.
(4) The applicant’s completed postsecondary education, degree-granting institutions, and graduation dates, if applicable.
(5) Whether the applicant is certified by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved and recognized by the board.
(6) Any of the applicant’s other licenses, credentials, or information relevant to the applicant’s qualifications in athletic training.
(d) The applicant completes a criminal background history
check.
(e) The applicant pays the application fee established by the board.
(f)The applicant authorizes the publication of all of the following information for purposes of the publicly accessible registry:
(1)The applicant’s name or names.
(2)The applicant’s address of record. If the applicant provides an alternate address of record pursuant to paragraph (2) of subdivision (c), the applicant may instead authorize the publication of the applicant’s alternate address of record.
(3)The applicant’s current employer. If the applicant is not employed, the authorization shall apply to the
organizations or setting provided pursuant to paragraph (3) of subdivision (c).
(4)Whether the applicant is certified by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved by the board.
(5)The applicant’s completed postsecondary education, degree-granting institutions, and graduation dates, if applicable.
2697.7.
A registration issued by the board pursuant to Section 2697.5 is valid for two years and thereafter is subject to the renewal requirements described in Section 2697.8.2697.8.
The board shall renew a registration if an applicant meets both of the following requirements:(a) Pays the renewal fee established by the board.
(b) Submits the following:
(1) Verification of place of employment.
(2) Verification of certificate and other credentials.
(3) Verification of address of record.
(4) Attestation that the registrant has not been disciplined or convicted of a crime
that would be grounds for revocation.
2697.9.
(a) The board may deny deny, suspend, or revoke a registration for any of the following: following reasons:(1) The applicant or registrant fails to provide the information required pursuant to Section 2697.8.
(2) The applicant or registrant has had an athletic training or other
healing arts license, certification, or registration revoked or suspended by an accredited organization, state agency, or territory.
(3) The applicant or registrant has been convicted of a crime that is substantially related to the functions or duties of an athletic trainer.
(4) The applicant or registrant has been a defendant in a civil action that is substantially related to the functions or duties of an athletic trainer and in which a judgement has been rendered against the applicant or registrant.
(b) If the board suspends a registration based on suspension or other disciplinary action by another board or certifying entity, the suspension shall not
exceed the length of the suspension as determined by the other board or certifying entity.
2697.10.
(a) The board shall refer complaints as follows:(1) Unlicensed practice to the appropriate licensing board and law enforcement agencies.
(2) Incompetent practice and unprofessional conduct to the following, as applicable:
(A) The registrant’s employer of record.
(B) The Board of Certification, Inc.
(C) The appropriate licensing board.
(b) The board shall
include with a complaint referred pursuant to this section a statement disclosing the unverified nature of the complaint.
(c) The board shall not make available to the public complaints that have not resulted in a final disciplinary action or criminal conviction.
(d) (1) The board shall track and report data relating to complaints, registrants, instances of consumer harm, recommendations for improving athlete and consumer safety, and any other information the board finds necessary, to the appropriate policy committees of the Legislature by July 1, 2023. The information shall be aggregated in a manner that does not disclose unverified or criminal or disciplinary actions that did not result in a criminal conviction or formal discipline, or other personal or identifying
information.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2027, 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.
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 of 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 which violates Section 17500.
(e) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a person licensed, certified, or registered by another state or territory of the United States, by any other government agency, or by another California healing arts licensing board. 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 registration.
(i) Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a registrant, 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, certificate, or registration.
(k) Impersonating a person who is licensed, certified, or registered or permitting or allowing another
unlicensed person to use a license, certificate, or registration.
(l) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a registrant.
(m) Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a registrant, 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. 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 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 athlete harm.
(q) Failing to maintain confidentiality of athlete medical information, 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 certified athletic trainer who meets the
requirements of subdivision (b) of Section 2697.5.
(s) Committing any act that would be grounds for denial of a license or registration under Section 480.
(t) Except for good cause, the knowing failure to protect athletes by failing to follow infection control guidelines of the board, thereby risking transmission of infectious diseases from registrant to athlete, from athlete to athlete, or from athlete to registrant.
(u) As a registrant, obtaining or possessing in violation of law, or prescribing, or, except as directed by a licensed physician and surgeon, dentist, optometrist, or podiatrist, administering to himself or herself, or furnishing or administering to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022.
(v) As a registrant, using to an extent or in a manner dangerous or injurious to himself or herself, to any other person, or to the public, or that impairs his or her ability to conduct with safety to the public the practice authorized by his or her 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 registrant, 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 registrant, 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 registrant, falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any athlete record, or any other record.