Bill Text: HI SB2601 | 2010 | Regular Session | Amended
Bill Title: Athletic Trainers; Registration
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2010-05-14 - (H) Act 108, on 5/14/2010 (Gov. Msg. No. 322). [SB2601 Detail]
Download: Hawaii-2010-SB2601-Amended.html
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THE SENATE |
S.B. NO. |
2601 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ATHLETIC TRAINERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii is one of only four states that does not currently regulate the practice of athletic training and that continued lack of regulation creates the risk that individuals who have lost or are unable to obtain licensure in another state will move here to practice, thereby putting the public in danger and degrading the standards of the profession as a whole. The legislature finds that there is a pressing and immediate need to regulate the profession of athletic training in order to protect the public health, safety, and welfare. The legislature finds that this need is particularly important since athletic trainers often work with elementary and secondary school age children.
The legislature notes that section 26H-6, Hawaii Revised Statutes, states that the Auditor shall perform a sunrise review before new regulations are imposed on a previously unregulated profession. However, the legislature finds that it is within the law-making authority vested in the legislature by article III, section 1 of the Hawaii State Constitution to enact legislation regulating the profession of athletic trainers, notwithstanding section 26H-6, Hawaii Revised Statutes, because of the pressing need to implement regulations to protect the public health, safety, and welfare.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
athletic trainers
§ -1 Title. This chapter is known as the "Athletic Trainer Registration Act".
§ -2 Definitions. As used in this chapter, unless the context indicates otherwise:
"Athlete" means a person who prepares for or participates in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, or performance arts including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities.
"Athletic injury" means an injury that affects the preparation for or participation in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, or performance arts including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities.
"Athletic trainer" means an individual who is registered under this chapter and carries out the practice of athletic training.
"Department" means the department of commerce and consumer affairs.
"Directing physician" means a physician or surgeon or an osteopathic physician or surgeon licensed under chapter 453, who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by rule.
"Director" means the director of commerce and consumer affairs.
"Practice of athletic training" means the application by a registered and certified athletic trainer of principles and methods to:
(1) Prevent athletic injuries;
(2) Recognize, evaluate, and assess athletic injuries and conditions;
(3) Provide immediate care of athletic injuries, including common emergency medical situations;
(4) Rehabilitate and recondition athletic injuries;
(5) Administer athletic training services and organization; and
(6) Educate athletes.
§ -3 Registration required. No person shall represent, advertise, or announce oneself, either publicly or privately, as an athletic trainer, nor use in connection with the person's name or place of business the words "registered athletic trainer", "athletic trainer", or any other words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer unless the person has registered with the department of commerce and consumer affairs.
§ -4 Registration requirements. (a) Athletic trainers shall:
(1) Register with the department by providing the athletic trainer's name, business address, and a current and unencumbered certification from the National Athletic Trainers Association Board of Certification;
(2) Renew the athletic trainer's registration every three years by providing the information required by paragraph (1); and
(3) Notify the department of any changes in registration information within thirty days of the change.
(b) The department shall maintain a current list of the names and business addresses of athletic trainers registered under subsection (a).
(c) Records of the registrant's certification from the National Athletic Trainers Association Board of Certification shall be public records.
§ -5 Duties of directing physician. A directing physician shall provide supervision to an athletic trainer by verbal order when in the presence of the athletic trainer or by written order or written athletic training service plans or protocols when a supervising physician is not present with the athletic trainer.
§ -6 Registration indicates permission to engage in the practice of athletic training. A registration granted under this chapter shall mean that the registered person has met requirements that include minimum practice standards to provide protection to the public and is permitted to use the title of athletic trainer and to engage in the practice of athletic training. In the granting of permission to engage in the profession of athletic training, and consistent with section 436B-2, the definition of "license" is inclusive of a registration issued under this chapter and, therefore, an athletic trainer who is registered under this chapter shall be regarded as an athletic trainer who holds a license to practice the profession of athletic training."
SECTION 3. This Act shall take effect on August 1, 2010.
Report Title:
Athletic Trainers; Registration
Description:
Requires athletic trainers to register with the department of commerce and consumer affairs. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
