Bill Text: NY S01356 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the licensure of athletic trainers; provides certain exemptions and requires continuing education.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Engrossed - Dead) 2018-06-05 - REPORTED AND COMMITTED TO RULES [S01356 Detail]

Download: New_York-2017-S01356-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1356--B
            Cal. No. 1042
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by  Sens.  FUNKE,  BONACIC,  DeFRANCISCO,  GALLIVAN, GRIFFO,
          LARKIN, ORTT, RANZENHOFER, ROBACH -- read twice and  ordered  printed,
          and  when printed to be committed to the Committee on Higher Education
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  -- reported favorably from said
          committee and committed to the Committee on Finance -- reported favor-
          ably from said committee, ordered to first and second report,  ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading
        AN  ACT  to  amend  the  education  law, in relation to the licensure of
          athletic trainers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  8351 of the education law, as amended by chapter
     2  658 of the laws of 1993, is amended to read as follows:
     3    § 8351. [Definition] Definitions.  1. As used in this article "athlet-
     4  ic trainer" means any person who is duly [certified] licensed in accord-
     5  ance with this article to perform athletic  training  under  the  super-
     6  vision  of  a  physician  [and  limits  his or her practice to secondary
     7  schools, institutions of postsecondary education, professional  athletic
     8  organizations,  or  a  person who, under the supervision of a physician,
     9  carries  out  comparable  functions  on  orthopedic  athletic  injuries,
    10  excluding  spinal  cord  injuries, in a health care organization. Super-
    11  vision of an athletic trainer by a physician  shall  be  continuous  but
    12  shall  not be construed as requiring the physical presence of the super-
    13  vising  physician  at  the  time  and  place  where  such  services  are
    14  performed.
    15    The scope of work described herein shall not be construed as authoriz-
    16  ing  the  reconditioning of neurologic injuries, conditions or disease].
    17  The practice of the profession of  athletic  training  is  performed  by
    18  athletic  trainers  who  are  defined  as  health care professionals who
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04222-07-7
        S. 1356--B                          2
     1  engage in the prevention, recognition, examination, evaluation,  assess-
     2  ment,  management,  treatment and rehabilitation of neuromusculoskeletal
     3  injuries that occur in active individuals with treatment  in  accordance
     4  with  the  supervising  physician pursuant to standard written protocol.
     5  These active individuals engage in activities that require a high degree
     6  of physical exertion, that involves training  and  where  injury  occurs
     7  during  such training or athletic endeavor, including but not limited to
     8  athletic individuals, performing artists  and  individuals  involved  in
     9  public protection or emergency services or individuals involved in adap-
    10  tive athletics. Athletic trainers recognize, evaluate, and assist in the
    11  management  of sport-related illnesses and medical conditions. The prac-
    12  tice of athletic training may include use of various  clinically  appro-
    13  priate therapeutic modalities and techniques. Supervision by a physician
    14  shall be continuous but shall not be construed as requiring the physical
    15  presence  of  the supervising physician at the time and place where such
    16  services are performed.
    17    The scope of work described in this section shall not be construed  as
    18  authorizing  the management and treatment of acute, subacute, or chronic
    19  neurological pathologies and comorbidities or neurological disease proc-
    20  esses with the exception of initial evaluation and  triage  of  emergent
    21  neurological conditions such as potential concussions, spinal cord inju-
    22  ries  or  nerve  injuries  resulting  from  participation in an athletic
    23  endeavor, while  training,  or  during  adaptive  athletics.    Further,
    24  athletic trainers shall work with individuals pursuant to standard writ-
    25  ten  protocol  to manage, monitor and treat such injuries after an indi-
    26  vidual has been cleared by a supervising physician  to  begin  rehabili-
    27  tation  for participation in an athletic endeavor, training, or adaptive
    28  athletics.
    29    2. As used in this article "emergent" means a serious, unexpected  and
    30  often dangerous situation requiring immediate action.
    31    §  2.  Section 8352 of the education law, as amended by chapter 658 of
    32  the laws of 1993, is amended to read as follows:
    33    § 8352. Definition of practice of athletic training.  [The practice of
    34  the profession of athletic training is defined  as  the  application  of
    35  principles, methods and procedures for managing athletic injuries, which
    36  shall include the preconditioning, conditioning and reconditioning of an
    37  individual who has suffered an athletic injury through the use of appro-
    38  priate  preventative  and supportive devices, under the supervision of a
    39  physician and recognizing  illness  and  referring  to  the  appropriate
    40  medical professional with implementation of treatment pursuant to physi-
    41  cian's  orders.]  Athletic  training  includes  instruction  to coaches,
    42  athletes, active individuals, parents, medical personnel and communities
    43  in the area of care and prevention  of  [athletic]  neuromusculoskeletal
    44  injuries.  Supervision by a physician shall include specific or standing
    45  orders for athletic training services.
    46    [The  scope of work described herein shall not be construed as author-
    47  izing the reconditioning of neurologic injuries, conditions or disease.]
    48    § 3. Section 8353 of the education law, as added by chapter 798 of the
    49  laws of 1992, is amended to read as follows:
    50    § 8353. Use of the title  "[certified]  athletic  trainer".    Only  a
    51  person  [certified]  licensed or otherwise authorized under this article
    52  shall practice athletic training or use the title "[certified]  athletic
    53  trainer" or the abbreviation "AT".
    54    § 4. Section 8354 of the education law, as added by chapter 798 of the
    55  laws of 1992, is amended to read as follows:
        S. 1356--B                          3
     1    § 8354. State  committee for athletic trainers.  A state committee for
     2  athletic trainers shall be appointed by the board of regents,  upon  the
     3  recommendation  of  the  commissioner  and  shall  assist  on matters of
     4  [certification]  professional  licensing  and  professional  conduct  in
     5  accordance  with  section six thousand five hundred eight of this title.
     6  The committee shall consist  of  [five]  seven  members,  five  who  are
     7  athletic  trainers  [certified]  licensed  in this state, one practicing
     8  physician who is licensed in this state to  practice  as  an  orthopedic
     9  surgeon,  a  primary  care/family  practice physician, a sports medicine
    10  practitioner, or a neurologist and one public member that is a  consumer
    11  of the profession.  The committee shall assist the state board for medi-
    12  cine  in  athletic  training matters. Nominations and terms of office of
    13  the members of the state committee for athletic trainers  shall  conform
    14  to  the corresponding provisions relating thereto for state boards under
    15  article one hundred thirty of this chapter. [Notwithstanding the forego-
    16  ing, the members of the first committee need not be certified  prior  to
    17  their appointment to the committee.]
    18    § 5. Section 8355 of the education law, as added by chapter 798 of the
    19  laws of 1992, is amended to read as follows:
    20    § 8355. Requirements  and  procedure  for professional [certification]
    21  licensure.  [For certification as a certified] To qualify for a  license
    22  as  an  athletic  trainer under this article, an applicant shall fulfill
    23  the following requirements:
    24    1. Application: file an application with the department;
    25    2. Education: have received an education including a  bachelor's,  its
    26  equivalent  or higher degree in accordance with the commissioner's regu-
    27  lations, provided however, as of  December  thirty-first,  two  thousand
    28  twenty-six,  applicants must have received a master's degree, its equiv-
    29  alent or higher in accordance with the commissioner's regulations;
    30    3. Experience: have experience in accordance with  the  commissioner's
    31  regulations;
    32    4. Examination: pass an examination in accordance with the commission-
    33  er's regulations;
    34    5. Age: be at least twenty-one years of age; and
    35    6. Fees: pay a fee for an initial [certificate] license of one hundred
    36  dollars to the department; and a fee of fifty dollars for each triennial
    37  registration period.
    38    §  6.  Section 8356 of the education law, as amended by chapter 658 of
    39  the laws of 1993, is amended to read as follows:
    40    § 8356. [Special provisions. A person shall be certified without exam-
    41  ination provided that, within three years from  the  effective  date  of
    42  regulations implementing the provisions of this article, the individual:
    43    1.  files  an application and pays the appropriate fees to the depart-
    44  ment; and
    45    2. meets the requirements of subdivisions  two  and  five  of  section
    46  eight thousand three hundred fifty-five of this article and who in addi-
    47  tion:
    48    (a)  has  been actively engaged in the profession of athletic training
    49  for a minimum of four years during the seven years immediately preceding
    50  the effective date of this article; or
    51    (b) is certified by a United States certifying body acceptable to  the
    52  department.]  Exempt persons. 1. Nothing contained in this article shall
    53  prohibit:
    54    (a) the practice of athletic training that is an integral  part  of  a
    55  program  of  study  by students enrolled in an athletic training program
    56  approved by the department.  Students enrolled in an  approved  athletic
        S. 1356--B                          4
     1  training program shall be identified as "athletic training students" and
     2  shall  only practice athletic training under the direction and immediate
     3  supervision of an athletic trainer currently licensed under  this  arti-
     4  cle.  An athletic training student shall not hold himself or herself out
     5  as a licensed athletic trainer; or
     6    (b) the practice of athletic training by any person  who  is  licensed
     7  and in good standing to practice athletic training in another state from
     8  acting  as  an  athletic trainer without a New York state license solely
     9  for the following purposes:  (i)  clinical  education,  practice  demon-
    10  strations  or  clinical research that is within the practice of athletic
    11  training in connection with a program of basic clinical education, grad-
    12  uate education, or post-graduate education  in  an  approved  school  of
    13  athletic  training,  or in a clinical facility, or a health care agency,
    14  or continuing education; or (ii) performing duties with his or her  team
    15  or organization, so long as duties are restricted to that team or organ-
    16  ization  during  the course of that team's or organization's stay in New
    17  York state for no more than sixty days in  a  calendar  year;  or  (iii)
    18  assisting  in  the  care  of  athletes in a specific sanctioned athletic
    19  event; or (iv) assisting a New York state licensed athletic  trainer  in
    20  the case of an emergency situation to another team's player.  Any person
    21  practicing athletic training in New York state pursuant to this subdivi-
    22  sion  shall  be  subject to personal and subject matter jurisdiction and
    23  the disciplinary and regulatory authority of the board of regents as  if
    24  he  or she is a licensee and as if the exemption pursuant to this subdi-
    25  vision is a license.  Such individuals shall consent to the  appointment
    26  of  the  secretary  of  state or other public official acceptable to the
    27  department, in such  athletic  trainers'  states  of  licensure  as  the
    28  athletic trainers' agents upon whom process may be served in any actions
    29  or  proceedings  by the department against such athletic trainers.  Such
    30  individuals shall comply with the provisions of this article, the  rules
    31  of the board of regents and the regulations of the commissioner relating
    32  to  professional  misconduct, disciplinary proceedings and penalties for
    33  professional misconduct; or
    34    (c) the practice of athletic training by any person who  is  otherwise
    35  authorized and in good standing to practice athletic training or athlet-
    36  ic therapy in another country, state, or territory that imposes the same
    37  requirements  set  forth  in  section eighty-three hundred fifty-five of
    38  this article.  Any person practicing athletic training in New York state
    39  pursuant to this subdivision shall be subject to  personal  and  subject
    40  matter jurisdiction and the disciplinary and regulatory authority of the
    41  board  of  regents as if he or she is a licensee and as if the exemption
    42  pursuant to this  subdivision  is  a  license.  Such  individuals  shall
    43  consent  to  the  appointment  of the secretary of state or other public
    44  official acceptable to the department, in such athletic trainers' states
    45  of licensure as the athletic trainers' agents upon whom process  may  be
    46  served  in  any  actions  or  proceedings by the department against such
    47  athletic trainers. Such individuals shall comply with the provisions  of
    48  this  article,  the rules of the board of regents and the regulations of
    49  the  commissioner  relating  to  professional  misconduct,  disciplinary
    50  proceedings and penalties for professional misconduct.
    51    2.  This  article shall not be construed to prohibit qualified members
    52  of other licensed or legally recognized professions from performing work
    53  incidental to the practice of their profession, except that such persons
    54  may not hold themselves out under  the  title  athletic  trainer  or  as
    55  performing athletic training.
        S. 1356--B                          5
     1    §  7.  The  education law is amended by adding two new sections 8356-a
     2  and 8356-b to read as follows:
     3    § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
     4  ic  trainer required under this article to register triennially with the
     5  department to practice in the state shall comply with the provisions  of
     6  the  mandatory  continuing education requirements prescribed in subdivi-
     7  sion two of this section except as set forth in paragraphs (b)  and  (c)
     8  of  this  subdivision. Licensed athletic trainers who do not satisfy the
     9  mandatory continuing education requirements  shall  not  practice  until
    10  they  have  met such requirements, and they have been issued a registra-
    11  tion certificate, except that a licensed athletic trainer  may  practice
    12  without  having  met  such  requirements if he or she is issued a condi-
    13  tional registration certificate pursuant  to subdivision three  of  this
    14  section.
    15    (b)  Each licensed athletic trainer shall be exempt from the mandatory
    16  continuing education requirement for the triennial  registration  period
    17  during  which he or she is first licensed. In accordance with the intent
    18  of this  section,  adjustment  to  the  mandatory  continuing  education
    19  requirement  may  be  granted  by  the  department for reasons of health
    20  certified by an  appropriate  health  care  professional,  for  extended
    21  active  duty  with  the  armed forces of the United States, or for other
    22  good cause acceptable to the department which may prevent compliance.
    23    (c) A licensed athletic trainer not engaged in practice, as determined
    24  by the department, shall be exempt from the mandatory continuing  educa-
    25  tion  requirement  upon  the  filing  of a statement with the department
    26  declaring such status. Any licensee  who  returns  to  the  practice  of
    27  athletic  training during the triennial registration period shall notify
    28  the department prior to reentering the profession and  shall  meet  such
    29  mandatory  education  requirements as shall be prescribed by regulations
    30  of the commissioner.
    31    2. During each triennial registration period, an applicant for  regis-
    32  tration  as  a  licensed  athletic  trainer  shall complete a minimum of
    33  forty-five hours of acceptable formal continuing education, as specified
    34  in subdivision four of this section. Any licensed athletic trainer whose
    35  first registration date following the effective  date  of  this  section
    36  occurs  less  than three years from such effective date, but on or after
    37  January first, two thousand nineteen, shall complete  continuing  educa-
    38  tion hours on a prorated basis at the rate of one hour per month for the
    39  period  beginning  January first, two thousand nineteen and then fifteen
    40  hours per year until his or her first registration  date  thereafter.  A
    41  licensee  who  has  not  satisfied  the  mandatory  continuing education
    42  requirements shall not be issued a triennial registration certificate by
    43  the department and shall not practice unless  and  until  a  conditional
    44  registration  certificate is issued as provided for in subdivision three
    45  of this section. Continuing education hours taken during  one  triennium
    46  may not be transferred to a subsequent triennium.
    47    3.  The  department, in its discretion, may issue a conditional regis-
    48  tration to a  licensee  who  fails  to  meet  the  continuing  education
    49  requirements  established  in  subdivision  two  of this section but who
    50  agrees to make up any deficiencies and complete any additional education
    51  which the department may require. The fee for such a conditional  regis-
    52  tration shall be the same as, and in addition to, the fee for the trien-
    53  nial  registration.  The duration of such conditional registration shall
    54  be determined by the department but  shall  not  exceed  one  year.  Any
    55  licensee  who  is  notified of the denial of registration for failure to
    56  submit evidence, satisfactory to the department, of required  continuing
        S. 1356--B                          6
     1  education  and who practices without such registration may be subject to
     2  disciplinary proceedings pursuant to section sixty-five hundred  ten  of
     3  this title.
     4    4.  As  used  in  subdivision  two of this section, "acceptable formal
     5  education" shall mean formal courses of  learning  which  contribute  to
     6  professional  practice in athletic training and which meet the standards
     7  prescribed by regulations of the commissioner. Such  formal  courses  of
     8  learning  shall  include, but not be limited to, collegiate level credit
     9  and non-credit courses, professional development programs and  technical
    10  sessions offered by national, state and local professional associations,
    11  and any other organized educational and technical programs acceptable to
    12  the  department.  The department may, in its discretion and as needed to
    13  contribute to  the  health  and  welfare  of  the  public,  require  the
    14  completion  of  continuing  education  courses  in  specific subjects to
    15  fulfill this  mandatory  continuing  education  requirement.  Continuing
    16  education  courses must be taken from a provider approved by the depart-
    17  ment, based upon an application and fee pursuant to the  regulations  of
    18  the commissioner.
    19    5.  A  licensed athletic trainer shall maintain adequate documentation
    20  of completion  of  acceptable  formal  continuing  education  and  shall
    21  provide  such documentation at the request of the department. Failure to
    22  provide such documentation upon the request of the department  shall  be
    23  an  act  of  misconduct  subject to disciplinary proceedings pursuant to
    24  section sixty-five hundred ten of this title.
    25    6. The mandatory continuing education  fee  shall  be  payable  on  or
    26  before the first day of each triennial registration period, and shall be
    27  paid  in  addition to the triennial registration fee required by section
    28  eighty-three hundred fifty-five of this article.
    29    § 8356-b. Special provisions. Any person who is licensed as  a  certi-
    30  fied  athletic  trainer  by the department on the effective date of this
    31  section shall be licensed as an athletic  trainer  without  meeting  any
    32  additional requirements.
    33    § 8. Section 8357 of the education law, as added by chapter 798 of the
    34  laws of 1992, is amended to read as follows:
    35    § 8357. Non-liability  of  [certified]  licensed athletic trainers for
    36  first aid or emergency  treatment.    Notwithstanding  any  inconsistent
    37  provision of any general, special or local law, any [certified] licensed
    38  athletic trainer who voluntarily and without the expectation of monetary
    39  compensation renders first aid or emergency treatment at the scene of an
    40  accident  or other emergency, outside a hospital, doctor's office or any
    41  other place having proper and necessary athletic training equipment,  to
    42  a  person  who  is  unconscious, ill or injured, shall not be liable for
    43  damages for injuries alleged to have been sustained by  such  person  or
    44  for  damages  for  the  death of such person alleged to have occurred by
    45  reason of an act or omission in the rendering of such first aid or emer-
    46  gency treatment unless it is established that such injuries were or such
    47  death was caused by gross  negligence  on  the  part  of  such  licensed
    48  athletic  trainer.  Nothing in this section shall be deemed or construed
    49  to relieve a [certified] licensed athletic trainer  from  liability  for
    50  damages  for  injuries or death caused by an act or omission on the part
    51  of an athletic trainer while  rendering  professional  services  in  the
    52  normal and ordinary course of his or her practice.
    53    §  9. This act shall take effect on the first of January next succeed-
    54  ing the date on which it shall have become a law.