Bill Text: IA SSB3141 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the boards of athletic training and physical and occupational therapy, providing penalties, and including transition provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-17 - Subcommittee recommends passage. [SSB3141 Detail]
Download: Iowa-2019-SSB3141-Introduced.html
Senate
Study
Bill
3141
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
the
boards
of
athletic
training
and
physical
1
and
occupational
therapy,
providing
penalties,
and
including
2
transition
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5573XC
(2)
88
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S.F.
_____
Section
1.
Section
147.13,
subsections
6
and
20,
Code
2020,
1
are
amended
to
read
as
follows:
2
6.
For
physical
therapy
and
occupational
therapy,
the
board
3
of
athletic
training
and
physical
and
occupational
therapy.
4
20.
For
athletic
training,
the
board
of
athletic
training
5
and
physical
and
occupational
therapy
.
6
Sec.
2.
Section
147.14,
subsection
1,
paragraph
j,
Code
7
2020,
is
amended
to
read
as
follows:
8
j.
For
athletic
training,
physical
therapy
,
and
occupational
9
therapy,
three
members
two
members
licensed
to
practice
10
athletic
training,
one
member
licensed
to
practice
physical
11
therapy,
two
members
licensed
to
practice
occupational
therapy,
12
one
member
licensed
to
practice
medicine
and
surgery,
and
two
13
members
one
member
who
are
is
not
licensed
to
practice
athletic
14
training,
physical
therapy
,
or
occupational
therapy
and
who
15
shall
represent
the
general
public.
16
Sec.
3.
Section
147.14,
subsection
1,
paragraph
r,
Code
17
2020,
is
amended
by
striking
the
paragraph.
18
Sec.
4.
Section
147.74,
subsection
21,
Code
2020,
is
amended
19
to
read
as
follows:
20
21.
An
athletic
trainer
licensed
under
chapter
152D
148B
and
21
this
chapter
may
use
the
words
“licensed
athletic
trainer”
or
22
the
letters
“LAT”
after
the
person’s
name.
23
Sec.
5.
Section
148B.1,
Code
2020,
is
amended
to
read
as
24
follows:
25
148B.1
Title
and
purpose.
26
This
chapter
may
be
cited
and
referred
to
as
the
27
“Occupational
“Athletic
Training
and
Occupational
Therapy
28
Practice
Act”
.
29
The
purpose
of
this
chapter
is
to
provide
for
the
regulation
30
of
persons
offering
athletic
training
or
occupational
therapy
31
services
to
the
public
in
order
to
safeguard
the
public
health,
32
safety
and
welfare.
33
Sec.
6.
Section
148B.2,
Code
2020,
is
amended
by
adding
the
34
following
new
subsections:
35
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NEW
SUBSECTION
.
01.
“Athlete”
means
a
person
who
1
participates
in
a
sanctioned
amateur
or
professional
sport
or
2
other
recreational
sports
activity.
3
NEW
SUBSECTION
.
001.
“Athletic
injury”
means
any
of
the
4
following:
5
a.
An
injury
or
illness
sustained
by
an
athlete
as
a
6
result
of
the
athlete’s
participation
in
sports,
games,
or
7
recreational
sports
activities.
8
b.
An
injury
or
illness
that
impedes
or
prevents
an
athlete
9
from
participating
in
sports,
games,
or
recreational
sports
10
activities.
11
NEW
SUBSECTION
.
0001.
“Athletic
trainer”
means
a
person
12
licensed
under
this
chapter
to
practice
athletic
training
under
13
the
direction
of
a
licensed
physician.
14
NEW
SUBSECTION
.
00001.
“Athletic
training”
means
the
15
practice
of
prevention,
recognition,
assessment,
physical
16
evaluation,
management,
treatment,
disposition,
and
physical
17
reconditioning
of
athletic
injuries
that
are
within
the
18
professional
preparation
and
education
of
a
licensed
athletic
19
trainer
and
under
the
direction
of
a
licensed
physician.
20
The
term
“athletic
training”
includes
the
organization
and
21
administration
of
educational
programs
and
athletic
facilities,
22
and
the
education
and
counseling
of
the
public
on
matters
23
relating
to
athletic
training.
24
Sec.
7.
Section
148B.2,
subsection
1,
Code
2020,
is
amended
25
to
read
as
follows:
26
1.
“Board”
means
the
board
of
athletic
training
and
physical
27
and
occupational
therapy
created
under
chapter
147
.
28
Sec.
8.
Section
148B.3,
Code
2020,
is
amended
by
adding
the
29
following
new
subsections:
30
NEW
SUBSECTION
.
6.
Elementary
or
secondary
school
31
teachers,
coaches,
or
authorized
volunteers
who
do
not
hold
32
themselves
out
to
the
public
as
athletic
trainers.
33
NEW
SUBSECTION
.
7.
Students
of
athletic
training
who
34
practice
athletic
training
under
the
supervision
of
a
35
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licensed
athletic
trainer
in
connection
with
the
regular
1
course
of
instruction
at
a
school
providing
athletic
training
2
instruction.
3
NEW
SUBSECTION
.
8.
An
athletic
trainer
who
is
in
this
state
4
temporarily
with
an
individual
or
group
that
is
participating
5
in
an
athletic
event
and
who
is
licensed,
certified,
or
6
registered
by
another
state
or
country,
or
certified
as
an
7
athletic
trainer
by
the
board
of
certification
of
the
national
8
athletic
trainers
association
or
its
successor
organization.
9
Sec.
9.
Section
148B.3A,
Code
2020,
is
amended
to
read
as
10
follows:
11
148B.3A
Referral
Orders
and
referrals
.
12
1.
Occupational
therapy
may
be
provided
by
an
occupational
13
therapist
without
referral
from
a
physician,
podiatric
14
physician,
dentist,
or
chiropractor,
except
that
a
hospital
may
15
require
that
occupational
therapy
provided
in
the
hospital
be
16
performed
only
following
prior
review
by
and
authorization
of
17
the
performance
of
the
occupational
therapy
by
a
member
of
the
18
hospital
medical
staff.
19
2.
The
practice
of
physical
reconditioning
by
an
athletic
20
trainer
shall
be
carried
out
under
the
oral
or
written
21
orders
of
a
physician
or
physician
assistant.
A
physician
or
22
physician
assistant
who
issues
an
oral
order
shall
provide
23
the
order
in
writing
and
provide
a
copy
of
the
order
to
the
24
athletic
trainer
within
thirty
days
of
the
oral
order.
25
Sec.
10.
NEW
SECTION
.
148B.5A
Requirements
for
licensure
——
26
athletic
training.
27
1.
An
applicant
for
a
license
to
practice
athletic
training
28
shall:
29
a.
Be
a
graduate
of
an
accredited
college
or
university
30
and
comply
with
the
minimum
athletic
training
curriculum
31
requirements
established
by
the
board.
32
b.
Have
successfully
completed
an
examination
prepared
or
33
selected
by
the
board.
34
2.
Application
and
renewal
procedures,
fees,
and
reciprocal
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agreements
shall
be
provided
in
accordance
with
rules
adopted
1
by
the
board
pursuant
to
chapter
17A.
2
Sec.
11.
Section
148B.7,
Code
2020,
is
amended
to
read
as
3
follows:
4
148B.7
Board
of
athletic
training
and
physical
and
5
occupational
therapy
——
powers
and
duties.
6
The
board
shall
adopt
rules
relating
to
professional
7
conduct
to
carry
out
the
policy
of
this
chapter
,
including
8
but
not
limited
to
rules
relating
to
professional
licensing
9
and
to
the
establishment
of
ethical
standards
of
practice
for
10
persons
holding
a
license
to
practice
athletic
training
and
11
occupational
therapy
in
this
state.
12
Sec.
12.
Section
148B.8,
Code
2020,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4.
It
is
unlawful
for
a
person
to
engage
in
15
the
practice
of
athletic
training,
provide
athletic
training
16
services,
hold
oneself
out
as
an
athletic
trainer,
or
as
being
17
able
to
practice
athletic
training
in
this
state
unless
the
18
person
is
licensed
under
this
chapter.
19
Sec.
13.
Section
148B.9,
Code
2020,
is
amended
to
read
as
20
follows:
21
148B.9
False
use
of
titles
prohibited.
22
A
person
or
business
entity,
including
the
employees,
23
agents,
or
representatives
of
the
business
entity,
shall
24
not
use
in
connection
with
that
person
or
business
entity’s
25
business
activity,
the
words
“athletic
training”,
“athletic
26
trainer”,
“licensed
athletic
trainer”,
“registered
athletic
27
trainer”,
“occupational
therapy”,
“occupational
therapist”,
28
“licensed
occupational
therapist”,
“doctor
of
occupational
29
therapy”,
“occupational
therapy
assistant”,
“licensed
30
occupational
therapy
assistant”,
or
the
letters
“AT”,
31
“AT,C”,
“LAT”,
“ATC/L”,
“ATC-L”,
“O.T.”,
“O.T./L.”,
“O.T.D.”,
32
“O.T.A.”,
“O.T.A./L.”,
or
any
words,
abbreviations,
or
insignia
33
indicating
or
implying
that
athletic
training
or
occupational
34
therapy
is
provided
or
supplied
unless
such
services
are
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provided
by
or
under
the
direction
and
supervision
of
an
1
athletic
trainer
occupational
therapist
,
as
applicable,
2
licensed
pursuant
to
this
chapter
.
3
Sec.
14.
NEW
SECTION
.
148B.10
License
suspension
and
4
revocation.
5
A
license
issued
by
the
board
under
the
provisions
of
this
6
chapter
may
be
suspended
or
revoked,
or
renewal
denied
by
7
the
board,
for
violation
of
any
provision
of
this
chapter
or
8
section
147.55,
section
272C.10,
or
rules
adopted
by
the
board.
9
Sec.
15.
NEW
SECTION
.
148B.11
Penalty.
10
A
person
who
violates
a
provision
of
this
chapter
is
guilty
11
of
a
serious
misdemeanor.
12
Sec.
16.
Section
272.2,
subsection
10,
Code
2020,
is
amended
13
to
read
as
follows:
14
10.
Issue
statements
of
professional
recognition
to
15
school
service
personnel
who
have
attained
a
minimum
of
16
a
baccalaureate
degree
and
who
are
licensed
by
another
17
professional
licensing
board,
including
but
not
limited
to
18
athletic
trainers
licensed
under
chapter
152D
148B
.
19
Sec.
17.
Section
272C.1,
subsection
6,
paragraph
aa,
Code
20
2020,
is
amended
to
read
as
follows:
21
aa.
The
board
of
athletic
training
and
physical
and
22
occupational
therapy
in
licensing
athletic
trainers
pursuant
to
23
chapter
152D
148B
.
24
Sec.
18.
REPEAL.
Chapter
152D,
Code
2020,
is
repealed.
25
Sec.
19.
EMERGENCY
RULES.
The
board
of
physical
and
26
occupational
therapy,
board
of
athletic
training,
and
board
27
of
athletic
training
and
physical
and
occupational
therapy
28
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
29
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
30
the
provisions
of
this
Act
and
the
rules
shall
be
effective
31
immediately
upon
filing
unless
a
later
date
is
specified
in
the
32
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
33
also
be
published
as
a
notice
of
intended
action
as
provided
34
in
section
17A.4.
35
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Sec.
20.
TRANSITION
PROVISIONS.
1
1.
a.
The
merger
of
the
boards
of
athletic
training
and
2
physical
and
occupational
therapy
in
this
Act
shall
not
affect
3
the
appointment
or
any
term
of
office
of
a
member
of
either
4
board
prior
to
the
effective
date
of
this
Act.
A
member
of
5
the
board
of
athletic
training
or
the
board
of
physical
and
6
occupational
therapy
shall
continue
to
serve
until
the
member’s
7
term
expires
or
the
member
ceases
to
hold
office,
whichever
8
first
occurs.
9
b.
The
initial
membership
of
the
board
of
athletic
training
10
and
physical
and
occupational
therapy
shall
consist
of
all
11
members
of
the
boards
of
athletic
training
and
physical
and
12
occupational
therapy
serving
on
the
effective
date
of
this
Act.
13
2.
A
rule
adopted
by
the
board
of
athletic
training
or
14
board
of
physical
and
occupational
therapy
that
is
in
force
15
and
effect
immediately
prior
to
the
effective
date
of
this
Act
16
shall
continue
in
full
force
and
effect
until
the
earlier
of
17
the
following:
18
a.
The
rule
is
amended,
rescinded,
or
supplemented
by
19
the
affirmative
action
of
the
board
of
athletic
training
and
20
physical
and
occupational
therapy.
21
b.
The
rule
expires
by
its
own
terms.
22
3.
Any
license
or
permit
issued
by
the
board
of
athletic
23
training
or
board
of
physical
and
occupational
therapy
in
24
effect
on
the
effective
date
of
this
Act
shall
continue
in
full
25
force
and
effect
until
expiration
or
renewal.
26
4.
Any
funds
in
any
account
or
fund
of
the
board
of
athletic
27
training
or
board
of
physical
and
occupational
therapy
shall
be
28
transferred
to
the
control
of
the
board
of
athletic
training
29
and
physical
and
occupational
therapy.
30
5.
Any
cause
of
action,
statute
of
limitation,
or
31
administrative
action
relating
to
or
initiated
by
the
board
of
32
athletic
training
or
board
of
physical
and
occupational
therapy
33
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
34
the
board
of
athletic
training
and
physical
and
occupational
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therapy.
1
6.
All
client
and
organizational
files
in
the
possession
2
of
the
board
of
athletic
training
or
board
of
physical
and
3
occupational
therapy
shall
become
the
property
of
the
board
of
4
athletic
training
and
physical
and
occupational
therapy.
5
7.
Any
personnel
in
the
state
merit
system
of
employment
6
who
are
mandatorily
transferred
due
to
the
effect
of
this
Act
7
shall
be
so
transferred
without
any
loss
in
salary,
benefits,
8
or
accrued
years
of
service.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
boards
of
athletic
training
and
13
physical
and
occupational
therapy.
The
bill
merges
the
14
boards
into
the
board
of
athletic
training
and
physical
and
15
occupational
therapy
under
Code
chapter
148B,
consisting
of
two
16
members
who
are
licensed
athletic
trainers,
two
members
who
are
17
licensed
occupational
therapists,
one
member
who
is
a
licensed
18
physical
therapist,
one
member
who
is
licensed
to
practice
19
medicine
and
surgery,
and
one
member
who
is
not
licensed
to
20
practice
athletic
training,
physical
therapy,
or
occupational
21
therapy
who
represents
the
general
public.
22
The
bill
repeals
Code
chapter
152D,
regulating
athletic
23
training,
but
preserves
current
Code
provisions
regulating
24
athletic
training,
by
transferring
them
to
Code
chapter
148B.
25
The
bill
allows
the
board
of
athletic
training
and
physical
26
and
occupational
therapy
to
suspend
or
revoke
a
license
or
27
deny
renewal
of
a
license,
if
a
person
violates
a
provision
of
28
the
Code
chapter,
a
rule
of
the
board,
or
for
certain
other
29
enumerated
reasons.
The
bill
also
makes
a
violation
of
Code
30
chapter
148B
a
serious
misdemeanor.
A
serious
misdemeanor
is
31
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
32
of
at
least
$315
but
not
more
than
$1,875.
33
The
bill
includes
transition
provisions.
The
bill
allows
34
the
board
of
athletic
training,
the
board
of
physical
and
35
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5573XC
(2)
88
ss/rh
7/
8
S.F.
_____
occupational
therapy,
and
the
board
of
athletic
training
and
1
physical
and
occupational
therapy
to
adopt
emergency
rules
2
to
implement
the
provisions
of
the
bill.
The
membership
3
of
the
initial
board
of
athletic
training
and
physical
and
4
occupational
therapy
shall
consist
of
all
of
the
members
5
currently
serving
on
the
board
of
athletic
training
and
the
6
board
of
physical
and
occupational
therapy,
who
shall
serve
7
until
their
terms
are
set
to
expire.
The
bill
also
provides
8
other
transition
provisions
including
but
not
limited
to
the
9
transfer
of
property
in
the
position
of
the
board
of
athletic
10
training
or
the
board
of
physical
and
occupational
therapy
to
11
the
possession
of
the
board
of
athletic
training
and
physical
12
and
occupational
therapy.
13
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(2)
88
ss/rh
8/
8