Bill Text: NY S04499 | 2015-2016 | 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 6-1)

Status: (Engrossed - Dead) 2016-06-17 - referred to higher education [S04499 Detail]

Download: New_York-2015-S04499-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4499--C
                               2015-2016 Regular Sessions
                    IN SENATE
                                     March 25, 2015
                                       ___________
        Introduced by Sens. FUNKE, GRIFFO, LARKIN, NOZZOLIO, RANZENHOFER, ROBACH
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee  on Higher Education -- recommitted to the Committee on
          Higher Education in accordance with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  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  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the education law,  in  relation  to  the  licensure  of
          athletic trainers; and to repeal certain provisions of such law relat-
          ing thereto
          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.   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. Supervision of an athletic trainer
    11  by a physician shall be continuous but shall not be construed as requir-
    12  ing the physical presence of the supervising physician at the  time  and
    13  place where such services are performed.
    14    The scope of work described herein shall not be construed as authoriz-
    15  ing  the  reconditioning of neurologic injuries, conditions or disease].
    16  The practice of the profession of  athletic  training  is  performed  by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03316-13-6
        S. 4499--C                          2
     1  athletic  trainers  who  are  defined  as  health care professionals who
     2  engage in the prevention, recognition, examination, evaluation,  assess-
     3  ment,  management,  treatment and rehabilitation of neuromusculoskeletal
     4  injuries  that  occur in active individuals with treatment in accordance
     5  with the supervising  physician.  These  active  individuals  engage  in
     6  activities  that  require  a  high  degree  of  physical  exertion, that
     7  involves training and  where  injury  occurs  during  such  training  or
     8  athletic  endeavor,  including  but not limited to athletic individuals,
     9  performing artists and individuals  involved  in  public  protection  or
    10  emergency  services  or  individuals  involved  in  adaptive  athletics.
    11  Athletic trainers recognize, evaluate, and assist in the  management  of
    12  sport-related illnesses and medical conditions. The practice of athletic
    13  training  may  include  use  of various therapeutic modalities and tech-
    14  niques. Supervision by a physician shall be continuous but shall not  be
    15  construed  as  requiring the physical presence of the supervising physi-
    16  cian at the time and place where such 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 exceptions of management and treatment of emergent neuro-
    21  logical conditions such as potential concussions, spinal  cord  injuries
    22  or  nerve injuries resulting from participation in an athletic endeavor,
    23  while training, or in individuals involved in adaptive athletics.
    24    § 2. Section 8352 of the education law is REPEALED.
    25    § 3. Section 8353 of the education law, as added by chapter 798 of the
    26  laws of 1992, is amended to read as follows:
    27    § 8353. Use of the title  "[certified]  athletic  trainer".    Only  a
    28  person  [certified]  licensed or otherwise authorized under this article
    29  shall practice athletic training or use the title "[certified]  athletic
    30  trainer" or the abbreviation "AT".
    31    § 4. Section 8354 of the education law, as added by chapter 798 of the
    32  laws of 1992, is amended to read as follows:
    33    § 8354. State  committee for athletic trainers.  A state committee for
    34  athletic trainers shall be appointed by the board of regents,  upon  the
    35  recommendation  of  the  commissioner  and  shall  assist  on matters of
    36  [certification]  professional  licensing  and  professional  conduct  in
    37  accordance  with  section six thousand five hundred eight of this title.
    38  The committee shall consist of  [five]  six  members  who  are  athletic
    39  trainers  [certified]  licensed in this state and one public member that
    40  is a consumer of the profession.  The committee shall assist  the  state
    41  board  for  medicine in athletic training matters. Nominations and terms
    42  of office of the members of the state committee  for  athletic  trainers
    43  shall conform to the corresponding provisions relating thereto for state
    44  boards  under article one hundred thirty of this chapter. [Notwithstand-
    45  ing the foregoing, the members of the first committee need not be certi-
    46  fied prior to their appointment to the committee.]
    47    § 5. Section 8355 of the education law, as added by chapter 798 of the
    48  laws of 1992, is amended to read as follows:
    49    § 8355. Requirements and procedure  for  professional  [certification]
    50  licensure.   [For certification as a certified] To qualify for a license
    51  as an athletic trainer under this article, an  applicant  shall  fulfill
    52  the following requirements:
    53    1. Application: file an application with the department;
    54    2. Education:  have  received an education including a bachelor's, its
    55  equivalent or higher degree in accordance with the commissioner's  regu-
    56  lations,  provided  however,  as of two thousand twenty-five, applicants
        S. 4499--C                          3
     1  must have received a  master's  degree,  its  equivalent  or  higher  in
     2  accordance with the commissioner's regulations;
     3    3.  Experience:  have experience in accordance with the commissioner's
     4  regulations;
     5    4. Examination: pass an examination in accordance with the commission-
     6  er's regulations;
     7    5. Age: be at least twenty-one years of age; and
     8    6. Fees: pay a fee for an initial [certificate] license of one hundred
     9  dollars to the department; and a fee of fifty dollars for each triennial
    10  registration period.
    11    § 6. Section 8356 of the education law, as amended by chapter  658  of
    12  the laws of 1993, is amended to read as follows:
    13    § 8356. [Special provisions. A person shall be certified without exam-
    14  ination  provided  that,  within  three years from the effective date of
    15  regulations implementing the provisions of this article, the individual:
    16    1. files an application and pays the appropriate fees to  the  depart-
    17  ment; and
    18    2.  meets  the  requirements  of  subdivisions two and five of section
    19  eight thousand three hundred fifty-five of this article and who in addi-
    20  tion:
    21    (a) has been actively engaged in the profession of  athletic  training
    22  for a minimum of four years during the seven years immediately preceding
    23  the effective date of this article; or
    24    (b)  is certified by a United States certifying body acceptable to the
    25  department.] Exempt persons. 1. Nothing contained in this article  shall
    26  prohibit:
    27    (a)  the  practice  of athletic training that is an integral part of a
    28  program of study by students enrolled in an  athletic  training  program
    29  approved  by  the department.  Students enrolled in an approved athletic
    30  training program shall be identified as "athletic training students" and
    31  shall only practice athletic training under the direction and  immediate
    32  supervision  of  an athletic trainer currently licensed under this arti-
    33  cle. An athletic training student shall not hold himself or herself  out
    34  as a licensed athletic trainer; or
    35    (b)  the  practice  of athletic training by any person who is licensed
    36  and in good standing to practice athletic training in another state from
    37  acting as an athletic trainer without a New York  state  license  solely
    38  for  the  following  purposes:  (i)  clinical education, practice demon-
    39  strations or clinical research that is within the practice  of  athletic
    40  training in connection with a program of basic clinical education, grad-
    41  uate  education,  or  post-graduate  education  in an approved school of
    42  athletic training, or in a clinical facility, or a health  care  agency,
    43  or  continuing education; or (ii) performing duties with his or her team
    44  or organization, so long as duties are restricted to that team or organ-
    45  ization during the course of that team's or organization's stay  in  New
    46  York  state  for  no  more  than sixty days in a calendar year; or (iii)
    47  assisting in the care of athletes  in  a  specific  sanctioned  athletic
    48  event;  or  (iv) assisting a New York state licensed athletic trainer in
    49  the case of an emergency situation to another team's player.  Any person
    50  practicing athletic training in New York state pursuant to this subdivi-
    51  sion shall be subject to personal and subject  matter  jurisdiction  and
    52  the  disciplinary and regulatory authority of the board of regents as if
    53  he or she is a licensee and as if the exemption pursuant to this  subdi-
    54  vision  is a license.  Such individuals shall consent to the appointment
    55  of the secretary of state or other public  official  acceptable  to  the
    56  department,  in  such  athletic  trainers'  states  of  licensure as the
        S. 4499--C                          4
     1  athletic trainers' agents upon whom process may be served in any actions
     2  or proceedings by the department against such athletic trainers.    Such
     3  individuals  shall comply with the provisions of this article, the rules
     4  of the board of regents and the regulations of the commissioner relating
     5  to  professional  misconduct, disciplinary proceedings and penalties for
     6  professional misconduct; or
     7    (c) the practice of athletic training by any person who  is  otherwise
     8  authorized and in good standing to practice athletic training or athlet-
     9  ic therapy in another country, state, or territory that imposes the same
    10  requirements  set  forth  in  section eighty-three hundred fifty-five of
    11  this article.  Any person practicing athletic training in New York state
    12  pursuant to this subdivision shall be subject to  personal  and  subject
    13  matter jurisdiction and the disciplinary and regulatory authority of the
    14  board  of  regents as if he or she is a licensee and as if the exemption
    15  pursuant to this  subdivision  is  a  license.  Such  individuals  shall
    16  consent  to  the  appointment  of the secretary of state or other public
    17  official acceptable to the department, in such athletic trainers' states
    18  of licensure as the athletic trainers' agents upon whom process  may  be
    19  served  in  any  actions  or  proceedings by the department against such
    20  athletic trainers. Such individuals shall comply with the provisions  of
    21  this  article,  the rules of the board of regents and the regulations of
    22  the  commissioner  relating  to  professional  misconduct,  disciplinary
    23  proceedings and penalties for professional misconduct.
    24    2.  This  article shall not be construed to prohibit qualified members
    25  of other licensed or legally recognized professions from performing work
    26  incidental to the practice of their profession, except that such persons
    27  may not hold themselves out under  the  title  athletic  trainer  or  as
    28  performing athletic training.
    29    §  7.  The  education law is amended by adding two new sections 8356-a
    30  and 8356-b to read as follows:
    31    § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
    32  ic trainer required under this article to register triennially with  the
    33  department  to practice in the state shall comply with the provisions of
    34  the mandatory continuing education requirements prescribed  in  subdivi-
    35  sion  two  of this section except as set forth in paragraphs (b) and (c)
    36  of this subdivision. Licensed athletic trainers who do not  satisfy  the
    37  mandatory  continuing  education  requirements  shall not practice until
    38  they have met such requirements, and they have been issued  a  registra-
    39  tion  certificate,  except that a licensed athletic trainer may practice
    40  without having met such requirements if he or she  is  issued  a  condi-
    41  tional  registration  certificate pursuant  to subdivision three of this
    42  section.
    43    (b) Each licensed athletic trainer shall be exempt from the  mandatory
    44  continuing  education  requirement for the triennial registration period
    45  during which he or she is first licensed. In accordance with the  intent
    46  of  this  section,  adjustment  to  the  mandatory  continuing education
    47  requirement may be granted by  the  department  for  reasons  of  health
    48  certified  by  an  appropriate  health  care  professional, for extended
    49  active duty with the armed forces of the United  States,  or  for  other
    50  good cause acceptable to the department which may prevent compliance.
    51    (c) A licensed athletic trainer not engaged in practice, as determined
    52  by  the department, shall be exempt from the mandatory continuing educa-
    53  tion requirement upon the filing of  a  statement  with  the  department
    54  declaring  such  status.  Any  licensee  who  returns to the practice of
    55  athletic training during the triennial registration period shall  notify
    56  the  department  prior  to reentering the profession and shall meet such
        S. 4499--C                          5
     1  mandatory education requirements as shall be prescribed  by  regulations
     2  of the commissioner.
     3    2.  During each triennial registration period, an applicant for regis-
     4  tration as a licensed athletic  trainer  shall  complete  a  minimum  of
     5  forty-five hours of acceptable formal continuing education, as specified
     6  in subdivision four of this section. Any licensed athletic trainer whose
     7  first  registration  date  following  the effective date of this section
     8  occurs less than three years from such effective date, but on  or  after
     9  January  first,  two thousand eighteen, shall complete continuing educa-
    10  tion hours on a prorated basis at the rate of one hour per month for the
    11  period beginning January first, two thousand eighteen and  then  fifteen
    12  hours  per  year  until his or her first registration date thereafter. A
    13  licensee who  has  not  satisfied  the  mandatory  continuing  education
    14  requirements shall not be issued a triennial registration certificate by
    15  the  department  and  shall  not practice unless and until a conditional
    16  registration certificate is issued as provided for in subdivision  three
    17  of  this  section. Continuing education hours taken during one triennium
    18  may not be transferred to a subsequent triennium.
    19    3. The department, in its discretion, may issue a  conditional  regis-
    20  tration  to  a  licensee  who  fails  to  meet  the continuing education
    21  requirements established in subdivision two  of  this  section  but  who
    22  agrees to make up any deficiencies and complete any additional education
    23  which  the department may require. The fee for such a conditional regis-
    24  tration shall be the same as, and in addition to, the fee for the trien-
    25  nial registration. The duration of such conditional  registration  shall
    26  be  determined  by  the  department  but  shall not exceed one year. Any
    27  licensee who is notified of the denial of registration  for  failure  to
    28  submit  evidence, satisfactory to the department, of required continuing
    29  education and who practices without such registration may be subject  to
    30  disciplinary  proceedings  pursuant to section sixty-five hundred ten of
    31  this title.
    32    4. As used in subdivision two  of  this  section,  "acceptable  formal
    33  education"  shall  mean  formal  courses of learning which contribute to
    34  professional practice in athletic training and which meet the  standards
    35  prescribed  by  regulations  of the commissioner. Such formal courses of
    36  learning shall include, but not be limited to, collegiate  level  credit
    37  and  non-credit courses, professional development programs and technical
    38  sessions offered by national, state and local professional associations,
    39  and any other organized educational and technical programs acceptable to
    40  the department. The department may, in its discretion and as  needed  to
    41  contribute  to  the  health  and  welfare  of  the  public,  require the
    42  completion of continuing  education  courses  in  specific  subjects  to
    43  fulfill  this  mandatory  continuing  education  requirement. Continuing
    44  education courses must be taken from a provider approved by the  depart-
    45  ment,  based  upon an application and fee pursuant to the regulations of
    46  the commissioner.
    47    5. A licensed athletic trainer shall maintain  adequate  documentation
    48  of  completion  of  acceptable  formal  continuing  education  and shall
    49  provide such documentation at the request of the department. Failure  to
    50  provide  such  documentation upon the request of the department shall be
    51  an act of misconduct subject to  disciplinary  proceedings  pursuant  to
    52  section sixty-five hundred ten of this title.
    53    6.  The  mandatory  continuing  education  fee  shall be payable on or
    54  before the first day of each triennial registration period, and shall be
    55  paid in addition to the triennial registration fee required  by  section
    56  eighty-three hundred fifty-five of this article.
        S. 4499--C                          6
     1    §  8356-b.  Special provisions. Any person who is licensed as a certi-
     2  fied athletic trainer by the department on the effective  date  of  this
     3  section  shall  be  licensed  as an athletic trainer without meeting any
     4  additional requirements.
     5    § 8. Section 8357 of the education law, as added by chapter 798 of the
     6  laws of 1992, is amended to read as follows:
     7    § 8357. Non-liability  of  [certified]  licensed athletic trainers for
     8  first aid or emergency  treatment.    Notwithstanding  any  inconsistent
     9  provision of any general, special or local law, any [certified] licensed
    10  athletic trainer who voluntarily and without the expectation of monetary
    11  compensation renders first aid or emergency treatment at the scene of an
    12  accident  or other emergency, outside a hospital, doctor's office or any
    13  other place having proper and necessary athletic training equipment,  to
    14  a  person  who  is  unconscious, ill or injured, shall not be liable for
    15  damages for injuries alleged to have been sustained by  such  person  or
    16  for  damages  for  the  death of such person alleged to have occurred by
    17  reason of an act or omission in the rendering of such first aid or emer-
    18  gency treatment unless it is established that such injuries were or such
    19  death was caused by gross  negligence  on  the  part  of  such  licensed
    20  athletic  trainer.  Nothing in this section shall be deemed or construed
    21  to relieve a [certified] licensed athletic trainer  from  liability  for
    22  damages  for  injuries or death caused by an act or omission on the part
    23  of an athletic trainer while  rendering  professional  services  in  the
    24  normal and ordinary course of his or her practice.
    25    §  9. This act shall take effect on the first of January next succeed-
    26  ing the date on which it shall have become a law.