Bill Text: CA AB374 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Funeral directors and embalmers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-19 - Chaptered by Secretary of State - Chapter 364, Statutes of 2012. [AB374 Detail]

Download: California-2011-AB374-Amended.html

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BILL NUMBER: AB 374	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 14, 2011

   An act to add Chapter 5.8 (commencing with Section 2697.2) to
Division 2 of, and to repeal Section 2697.8 of, the Business and
Professions Code, relating to athletic trainers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 374, as amended, Hayashi. Athletic trainers.
   Existing law provides for the regulation of various professions
and vocations, including those of an athlete agent.
   This bill would, commencing January 1, 2013, provide for the
licensure and regulation of athletic trainers, as defined, by an
Athletic Trainer Licensing Committee, to be established by the bill
within the Medical Board of California. Under the bill, the committee
would be comprised of 7 members, as specified, appointed by the
Governor, subject to Senate confirmation, the Senate Committee on
Rules, and the Speaker of the Assembly. The bill would, except as
specified, prohibit a person from practicing as an athletic trainer
or using certain titles without a license issued by the committee.
The bill would require an applicant for licensure to meet certain
educational requirements, pass a specified examination, hold
specified athletic trainer certification, possess emergency cardiac
care certification, and submit an application and pay  fees
  an application and processing fee  established by
the committee. The bill would  require the committee to issue a
license to an applicant who qualifies for licensure and pays a
specified license fee. The bill would also  specify that a
license shall be valid for  3   2  years
and is subject to renewal upon the completion of specified
requirements including the payment of a renewal fee. The bill would
define the practice of athletic training and prescribe supervision
and other requirements on athletic trainers. The bill would create
the Athletic Trainers Account, within the Contingent Fund of the
Medical Board of California, would direct the deposit of the
application and renewal fees into this account, and would make those
fees available to the committee subject to appropriation by the
Legislature.
   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 three states that does not currently
regulate the practice of athletic training. This continued 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 Trainers Practice Act.
   2697.4.  For the purposes of this chapter, the following
definitions shall apply:
   (a) "Athletic trainer" means a person who meets the requirements
of this chapter and is licensed by the committee.
   (b) "Board" means the Medical Board of California.
   (c) "Committee" means the Athletic Trainer Licensing Committee.
   2697.6.  (a) No person shall engage in the practice of athletic
training unless licensed pursuant to this chapter.
   (b) No person shall 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 seven
consecutive years prior to January 1, 2013, may use the title
"athletic trainer" without being licensed by the committee. However,
on and after January 1, 2016, no person may use the title "athletic
trainer" unless he or she is licensed by the committee pursuant to
the provisions of this chapter.
   2697.8.  (a) There is established an Athletic Trainer Licensing
Committee within the Medical Board of California. The committee shall
consist 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) Two licensees, in any combination, chosen from the following:
physicians and surgeons licensed by the board, osteopathic physicians
and surgeons licensed by the Osteopathic Medical Board of
California, or doctors of chiropractic licensed by the State Board of
Chiropractic Examiners.
   (c) Subject to confirmation by the Senate, the Governor shall
appoint two of the licensed athletic trainers and the public member.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a licensed athletic trainer and a physician and surgeon,
an osteopathic physician and surgeon, or a doctor of chiropractic as
described in paragraph (3) of subdivision (b).
   (d) (1) All appointments shall be 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, 2013, the public member appointed by the
Governor shall serve a term of one year. Two of 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.
   (f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. The repeal of this section renders the committee subject
to the review required by Article 7.5 (commencing with Section
9147.7) of the Government Code.
   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 the provisions of 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., or any other
nationally recognized professional association.
   (c) The committee shall approve programs for the education and
training of athletic trainers.
   (d) Protection of the public shall be 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
shall be paramount. 
   2697.12.  The committee shall issue an athletic trainer license to
an applicant who meets all of the following requirements: 
    2697.12.   In order to qualify for a license, an
applicant shall meet all of the following requirements: 
   (a) Has submitted an application developed by the committee that
includes evidence that the applicant has completed athletic trainer
certification eligibility requirements from  an 
 a nationally accredited  athletic training education
program at a four-year college or university approved by the
committee.
   (b) Has passed an athletic training certification examination
offered by a nationally accredited athletic trainer certification
agency approved by the committee.
   (c) Holds current athletic training certification from a
nationally accredited athletic trainer certification agency approved
by the committee.
   (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  and processing  fee
established by the committee  , as described in Section 2697.16
 . 
   2697.13.  The committee shall issue a license to an applicant who
satisfies the requirements described in Section 2697.12 and pays a
license fee, as described in Section 2697.16.
   2697.14.  A license issued by the committee pursuant to Section
2697.12 shall be valid for  three   two 
years and thereafter shall be subject to the renewal requirements
described in Sections 2697.16 and 2697.18. 
   2697.16.  The committee shall establish license application and
renewal fees in an amount sufficient to cover the reasonable
regulatory costs of carrying out the provisions of this chapter.
 
   2697.16.  (a) Each applicant for licensure shall pay a
nonrefundable application and processing fee, to be fixed as
described in subdivision (b), at the time the application is filed.
   (b) The application and processing fee shall be fixed by the
committee by May 1 of each year, to become effective on July 1 of
that year. The fee shall be fixed in an amount necessary to cover the
reasonable regulatory costs of processing applications pursuant to
this chapter as projected for the fiscal year commencing on the date
the fees become effective.
   (c) Each applicant who qualifies for licensure, as a condition
precedent to the issuance of a license shall pay an initial license
fee in an amount fixed by the committee consistent with this section
in an amount sufficient to cover the reasonable regulatory costs of
carrying out the provisions of this chapter.
   (d) The biennial renewal fee shall be fixed by the committee
consistent with this section and shall be sufficient to cover the
reasonable regulatory costs of carrying out the provisions of this
chapter. 
   2697.18.  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 satisfactory completion of continuing
education, as determined by the committee.
   (c) Submits proof of current emergency cardiac care certification
meeting the requirements of subdivision (c) of Section 2697.12.
   (d) Demonstrates that his or her license is otherwise in good
standing, including, that the applicant for renewal possesses a
current, unencumbered certification from a nationally accredited
athletic trainer certification agency approved by the committee.
   2697.20.  (a) The practice of athletic training is the
professional treatment of a patient for risk management and injury
 and illness  prevention; the clinical evaluation and
assessment of a patient for an injury or illness  sustained or
exacerbated while participating in physical activity  , or both;
the immediate care and treatment of a patient for an injury or
illness  sustained or exacerbated while participating in physical
activity  , or both; and the rehabilitation and reconditioning
of a patient's injury or illness, or both. 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 is
not within the scope of practice of an athletic trainer.
   (b) No licensee shall 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.
   (c) Nothing in this chapter shall authorize an athletic trainer to
perform grade 5 joint mobilizations.
   (d) An athletic trainer shall render treatment under the direction
of a physician and surgeon licensed by the board, an osteopathic
physician and surgeon licensed by the Osteopathic Medical Board of
California, or a doctor of chiropractic licensed by the State Board
of Chiropractic Examiners who shall order and oversee the athletic
trainer and shall be responsible for the athletic training activities
performed by the athletic trainer. This direction shall be provided
by verbal order when the directing physician and surgeon, osteopathic
physician and surgeon, or doctor of chiropractic is present and by
written order or by athletic training treatment plans or protocols,
to be established by the physician and surgeon, osteopathic physician
and surgeon, or doctor of chiropractic, when the directing physician
and surgeon, osteopathic physician and surgeon, or doctor of
chiropractic is not present.
   (e) Notwithstanding any other provisions of law and consistent
with the provisions of this chapter, the committee may establish
other alternative mechanisms for the adequate supervision of an
athletic trainer.
   2697.22.  The requirements of this chapter do not apply to the
following:
   (a) An athletic trainer licensed  , certified, or registered
 in another state who is in California temporarily 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 Training Center, to temporarily provide
athletic training services under his or her state's scope of
practice.
   (c) A student enrolled in an athletic training education program,
while participating in educational activities under the supervision
and guidance of an athletic trainer licensed under this chapter.
   (d) A member of the United States Armed Forces, licensed,
certified, or registered in another state, as part of his or her
federal employment in California for a limited time.
   2697.24.  Nothing in this chapter shall be construed to 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).
   2697.26.  The committee may order the denial of an application
for, or the issuance subject to terms and conditions of, or the
suspension or revocation of, or the imposition of probationary
conditions upon an athletic trainer's license after a hearing for
unprofessional conduct that includes, but is not limited to, a
violation of this chapter or the regulations adopted by the committee
pursuant to this chapter.
   2697.28.  There is established in the Contingent Fund of the
Medical Board of California the Athletic Trainers Account. All fees
collected pursuant to this chapter shall be paid into the account.
These fees shall be available to the committee, upon appropriation by
the Legislature, for the regulatory purpose of carrying out the
provisions of this chapter.
   2697.30.  This chapter shall become operative on January 1, 2013.