Bill Text: NY S04465 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the certification and licensure of athletic trainers; provides certain exemptions and requires continuing education.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HIGHER EDUCATION [S04465 Detail]
Download: New_York-2013-S04465-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4465--A
2013-2014 Regular Sessions
I N S E N A T E
April 3, 2013
___________
Introduced by Sens. GRISANTI, LATIMER, NOZZOLIO -- 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
AN ACT to amend the education law, in relation to certification 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 S 8351. Definition. As used in this article "athletic trainer" means
4 any person who is duly [certified] LICENSED in accordance with this
5 article to perform athletic training under the supervision of a physi-
6 cian [and limits his or her practice to secondary schools, institutions
7 of postsecondary education, professional athletic organizations, or a
8 person who, under the supervision of a physician, carries out comparable
9 functions on orthopedic athletic injuries, excluding spinal cord inju-
10 ries, in a health care organization] AND CARRIES OUT THE PRACTICE OF
11 PREVENTION, RECOGNITION, EVALUATION, MANAGEMENT, DISPOSITION, TREATMENT
12 AND REHABILITATION OF INJURIES. Supervision of an athletic trainer by a
13 physician shall be continuous but shall not be construed as requiring
14 the physical presence of the supervising physician at the time and place
15 where such services are performed.
16 [The scope of work described herein shall not be construed as author-
17 izing the reconditioning of neurologic injuries, conditions or disease.]
18 S 2. Section 8352 of the education law, as amended by chapter 658 of
19 the laws of 1993, is amended to read as follows:
20 S 8352. Definition of practice of athletic training. The practice of
21 the profession of athletic training is defined as the [application of
22 principles, methods and procedures for managing athletic injuries, which
23 shall include the preconditioning, conditioning and reconditioning of an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06145-02-3
S. 4465--A 2
1 individual who has suffered an athletic injury through the use of appro-
2 priate preventative and supportive devices, under the supervision of a
3 physician and recognizing illness and referring to the appropriate
4 medical professional with implementation of treatment pursuant to physi-
5 cian's orders. Athletic training includes instruction to coaches,
6 athletes, parents, medical personnel and communities in the area of care
7 and prevention of athletic injuries.
8 The scope of work described herein shall not be construed as authoriz-
9 ing the reconditioning of neurologic injuries, conditions or disease]
10 PREVENTION, RECOGNITION, EXAMINATION, EVALUATION, AND REHABILITATION OF
11 INJURIES, ATHLETIC INJURIES, ILLNESSES, OR CONDITIONS RELATED TO ACTIV-
12 ITY THAT REQUIRES PHYSICAL SKILL AND UTILIZES STRENGTH, POWER, ENDUR-
13 ANCE, SPEED, FLEXIBILITY, RANGE OF MOTION OR AGILITY, INCLUDING USE OF
14 VARIOUS THERAPEUTIC MODALITIES AND TECHNIQUES, WITHOUT RESPECT TO WHERE
15 OR HOW THE ILLNESS, INJURY, OR CONDITION OCCURRED. NOTHING IN THIS
16 SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF PRACTICE OF AN ATHLET-
17 IC TRAINER BEYOND THE DETERMINATION OF THE ADVISING AND CONSENTING
18 PHYSICIAN.
19 ATHLETIC INJURY IS DEFINED AS ANY INJURY SUSTAINED BY AN INDIVIDUAL
20 THAT AFFECTS THE INDIVIDUAL'S PARTICIPATION OR PERFORMANCE IN SPORTS,
21 GAMES, RECREATION, EXERCISE, OR OTHER ACTIVITY THAT REQUIRES PHYSICAL
22 STRENGTH, AGILITY, FLEXIBILITY, SPEED, STAMINA OR RANGE OF MOTION.
23 S 3. Section 8353 of the education law, as added by chapter 798 of the
24 laws of 1992, is amended to read as follows:
25 S 8353. Use of the title "certified athletic trainer". Only a person
26 [certified] LICENSED or otherwise authorized under this article shall
27 PRACTICE OR use the title "[certified] athletic trainer".
28 S 4. Section 8354 of the education law, as added by chapter 798 of the
29 laws of 1992, is amended to read as follows:
30 S 8354. State [committee] BOARD for athletic trainers. A state
31 [committee] BOARD for athletic trainers shall be appointed by the board
32 of regents, upon the recommendation of the commissioner and shall assist
33 on matters of [certification] PROFESSIONAL LICENSING and professional
34 conduct in accordance with section six thousand five hundred eight of
35 this title. The [committee] BOARD shall consist of five members who are
36 athletic trainers [certified] LICENSED in this state AND ONE PUBLIC
37 MEMBER THAT IS A CONSUMER OF THE PROFESSION. AN EXECUTIVE SECRETARY TO
38 THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION
39 OF THE COMMISSIONER. [The committee shall assist the state board for
40 medicine in athletic training matters. Nominations and terms of office
41 of the members of the state committee for athletic trainers shall
42 conform to the corresponding provisions relating thereto for state
43 boards under article one hundred thirty of this chapter. Notwithstanding
44 the foregoing, the members of the first committee need not be certified
45 prior to their appointment to the committee.]
46 S 5. Section 8355 of the education law, as added by chapter 798 of the
47 laws of 1992, is amended to read as follows:
48 S 8355. Requirements and procedure for professional [certification]
49 LICENSURE. [For certification as a certified] TO QUALIFY FOR A LICENSE
50 AS AN athletic trainer under this article, an applicant shall fulfill
51 the following requirements:
52 1. Application: file an application with the department;
53 2. Education: have received an education including a bachelor's, its
54 equivalent or higher degree in accordance with the commissioner's regu-
55 lations;
S. 4465--A 3
1 3. Experience: have experience in accordance with the commissioner's
2 regulations;
3 4. Examination: pass an examination in accordance with the commission-
4 er's regulations;
5 5. Age: be at least twenty-one years of age; and
6 6. Fees: pay a fee for an initial [certificate] LICENSE of one hundred
7 dollars to the department; and a fee of fifty dollars for each triennial
8 registration period.
9 S 6. Section 8356 of the education law, as amended by chapter 658 of
10 the laws of 1993, is amended to read as follows:
11 S 8356. [Special provisions. A person shall be certified without exam-
12 ination provided that, within three years from the effective date of
13 regulations implementing the provisions of this article, the individual:
14 1. files an application and pays the appropriate fees to the depart-
15 ment; and
16 2. meets the requirements of subdivisions two and five of section
17 eight thousand three hundred fifty-five of this article and who in addi-
18 tion:
19 (a) has been actively engaged in the profession of athletic training
20 for a minimum of four years during the seven years immediately preceding
21 the effective date of this article; or
22 (b) is certified by a United States certifying body acceptable to the
23 department.] EXEMPT PERSONS. 1. NOTHING CONTAINED IN THIS ARTICLE SHALL
24 PROHIBIT:
25 (A) THE PRACTICE OF ATHLETIC TRAINING THAT IS AN INTEGRAL PART OF A
26 PROGRAM OF STUDY BY STUDENTS ENROLLED IN AN ACCREDITED ATHLETIC TRAINING
27 PROGRAM. STUDENTS ENROLLED IN AN ACCREDITED ATHLETIC TRAINING PROGRAM
28 SHALL BE IDENTIFIED AS "ATHLETIC TRAINING STUDENTS" AND SHALL ONLY PRAC-
29 TICE ATHLETIC TRAINING UNDER THE DIRECTION AND IMMEDIATE SUPERVISION OF
30 AN ATHLETIC TRAINER CURRENTLY LICENSED UNDER THIS ARTICLE. AN ATHLETIC
31 TRAINING STUDENT SHALL NOT HOLD HIMSELF OR HERSELF OUT AS A LICENSED
32 ATHLETIC TRAINER; OR
33 (B) THE PRACTICE OF ATHLETIC TRAINING BY ANY PERSON WHO IS AN ATHLETIC
34 TRAINER FROM ANOTHER NATION, STATE, OR TERRITORY ACTING AS AN ATHLETIC
35 TRAINER WHILE FOR PURPOSES OF CONTINUING EDUCATION, OR PERFORMING HIS OR
36 HER DUTIES FOR HIS OR HER RESPECTIVE NON-NEW YORK STATE BASED TEAM OR
37 ORGANIZATION, SO LONG AS HE OR SHE RESTRICTS HIS OR HER DUTIES TO HIS OR
38 HER TEAM OR ORGANIZATION DURING THE COURSE OF HIS OR HER TEAM'S OR
39 ORGANIZATION'S STAY IN THIS STATE FOR NO MORE THAN SIXTY DAYS IN A
40 CALENDAR YEAR.
41 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE ADMIN-
42 ISTRATION OF THERAPEUTIC MANAGEMENT OR THE USE OF MODALITIES BY A PERSON
43 WHO IS OTHERWISE AUTHORIZED TO PERFORM SUCH DUTIES.
44 S 7. The education law is amended by adding a new section 8356-a to
45 read as follows:
46 S 8356-A. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ATHLET-
47 IC TRAINER REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE
48 DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF
49 THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVI-
50 SION TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C)
51 OF THIS SUBDIVISION. LICENSED ATHLETIC TRAINERS WHO DO NOT SATISFY THE
52 MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
53 THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
54 TION CERTIFICATE, EXCEPT THAT A LICENSED ATHLETIC TRAINER MAY PRACTICE
55 WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI-
S. 4465--A 4
1 TIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS
2 SECTION.
3 (B) EACH LICENSED ATHLETIC TRAINER SHALL BE EXEMPT FROM THE MANDATORY
4 CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD
5 DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORDANCE WITH THE INTENT
6 OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION
7 REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH
8 CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED
9 ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER
10 GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
11 (C) A LICENSED ATHLETIC TRAINER NOT ENGAGED IN PRACTICE, AS DETERMINED
12 BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA-
13 TION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
14 DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF
15 ATHLETIC TRAINING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
16 THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH
17 MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS
18 OF THE COMMISSIONER.
19 2. DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR REGIS-
20 TRATION AS A LICENSED ATHLETIC TRAINER SHALL COMPLETE A MINIMUM OF
21 FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED
22 IN SUBDIVISION FOUR OF THIS SECTION. ANY LICENSED ATHLETIC TRAINER WHOSE
23 FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION
24 OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
25 JANUARY FIRST, TWO THOUSAND FIFTEEN, SHALL COMPLETE CONTINUING EDUCATION
26 HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE
27 PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FIFTEEN AND THEN FIFTEEN
28 HOURS PER YEAR UNTIL HIS OR HER FIRST REGISTRATION DATE THEREAFTER. A
29 LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
30 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
31 THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
32 REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
33 OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
34 MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
35 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
36 TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
37 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
38 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
39 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
40 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
41 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
42 BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
43 LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
44 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
45 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
46 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
47 THIS TITLE.
48 4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
49 EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO
50 PROFESSIONAL PRACTICE IN ATHLETIC TRAINING AND WHICH MEET THE STANDARDS
51 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF
52 LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
53 AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL
54 SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS
55 AND OTHER ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER
56 ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART-
S. 4465--A 5
1 MENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE
2 TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF
3 CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
4 TORY CONTINUING EDUCATION REQUIREMENT. COURSES MUST BE TAKEN FROM A
5 SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
6 COMMISSIONER.
7 5. A LICENSED ATHLETIC TRAINER SHALL MAINTAIN ADEQUATE DOCUMENTATION
8 OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
9 PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO
10 PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE
11 AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
12 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
13 6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
14 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
15 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
16 FEE REQUIRED BY SECTION EIGHTY-THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE.
17 S 8. Section 8357 of the education law, as added by chapter 798 of the
18 laws of 1992, is amended to read as follows:
19 S 8357. Non-liability of [certified] LICENSED athletic trainers for
20 first aid or emergency treatment. Notwithstanding any inconsistent
21 provision of any general, special or local law, any [certified] LICENSED
22 athletic trainer who voluntarily and without the expectation of monetary
23 compensation renders first aid or emergency treatment at the scene of an
24 accident or other emergency, outside a hospital, doctor's office or any
25 other place having proper and necessary athletic training equipment, to
26 a person who is unconscious, ill or injured, shall not be liable for
27 damages for injuries alleged to have been sustained by such person or
28 for damages for the death of such person alleged to have occurred by
29 reason of an act or omission in the rendering of such first aid or emer-
30 gency treatment unless it is established that such injuries were or such
31 death was caused by gross negligence on the part of such LICENSED
32 athletic trainer. Nothing in this section shall be deemed or construed
33 to relieve a [certified] LICENSED athletic trainer from liability for
34 damages for injuries or death caused by an act or omission on the part
35 of an athletic trainer while rendering professional services in the
36 normal and ordinary course of his or her practice.
37 S 9. This act shall take effect on the first of January next succeed-
38 ing the date on which it shall have become a law.
