Bill Text: PA HB2177 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions and for athletic trainers.

Spectrum: Moderate Partisan Bill (Democrat 20-6)

Status: (Introduced - Dead) 2009-12-15 - Referred to PROFESSIONAL LICENSURE [HB2177 Detail]

Download: Pennsylvania-2009-HB2177-Introduced.html

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PRINTER'S NO. 3030
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2177 Session of2009
INTRODUCED BY READSHAW, GERGELY, WAGNER, KORTZ, BELFANTI, BRENNAN, CARROLL, DEASY, J. EVANS, FABRIZIO, HANNA, HORNAMAN, SIPTROTH, K. SMITH AND STABACK, DECEMBER 15, 2009
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, DECEMBER 15, 2009
AN ACT
Amending the act of December 20, 1985 (P.L.457, No.112),
entitled "An act relating to the right to practice medicine
and surgery and the right to practice medically related acts;
reestablishing the State Board of Medical Education and
Licensure as the State Board of Medicine and providing for
its composition, powers and duties; providing for the
issuance of licenses and certificates and the suspension and
revocation of licenses and certificates; providing penalties;
and making repeals," further providing for definitions and
for athletic trainers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "athletic training services,"
"certified athletic trainer," "physically active person,"
"referral" and "written protocol" in section 2 of the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, added December 10, 2001 (P.L.859, No.92),
are amended and the section is amended by adding a definition to
read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Athletic training services." The management and provision
of care of injuries to a physically active person as defined in
this act with the direction of a licensed physician. The term
includes the rendering of emergency care, development of injury
prevention programs and providing appropriate preventative and
supporting devices for the physically active person. The term
also includes the assessment, management, treatment,
rehabilitation and reconditioning of the physically active
person whose conditions are within the professional preparation
and education of a [certified] licensed athletic trainer. The
term also includes the use of modalities such as mechanical
stimulation, heat, cold, light, air, water, electricity, sound,
massage and the use of therapeutic exercises, reconditioning
exercise and fitness programs. Athletic training services shall
not include surgery, invasive procedures or prescription of any
controlled substance.
* * *
["Certified athletic trainer." A person who is certified to
perform athletic training services by the State Board of
Medicine or State Board of Osteopathic Medicine.]
* * *
"Licensed athletic trainer." A person who is certified to
perform athletic training services by the State Board of
Medicine or the State Board of Osteopathic Medicine.
* * *
"Physically active person." An individual designated by a
physician as physically active, including an individual who
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participates in organized, individual or team sports, athletic
games or recreational sport activity or an individual who the
physician believes would benefit from athletic training.
* * *
"Referral." An order from a licensed physician, dentist or
podiatrist to [a certified] an athletic trainer for athletic
training services. An order may be written or oral, except that
an oral order must be reduced to writing within 72 hours of
issuance.
* * *
"Written protocol." A written agreement developed in
conjunction with one or more supervising physicians which
identifies and is signed by the supervising physician and the
[certified] licensed athletic trainer. It describes the manner
and frequency in which the [certified] licensed athletic trainer
regularly communicates with the supervising physician. It
includes standard operating procedures developed in agreement
with the supervising physician and [certified] licensed athletic
trainer that the [certified] licensed athletic trainer follows
when not directly supervised on site by the supervising
physician.
Section 2. Section 51.1(a), (b), (c), (d) and (f) of the
act, added December 10, 2001 (P.L.859, No.92), are amended to
read:
Section 51.1. Athletic trainers.
(a) General rule.--An athletic trainer [certified] licensed
by the board may, under the direction of a physician, podiatrist
or dentist, provide athletic training services to a physically
active person under the care of a physician, dentist or
podiatrist. An athletic trainer [certified] licensed under this
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section shall refer a physically active person with conditions
outside the scope of athletic training services to a physician,
dentist or podiatrist.
(b) Temporary [certifications] licenses.--Any athletic
trainer who holds a valid certificate issued by the State Board
of Physical Therapy under the act of October 10, 1975 (P.L.383,
No.110), known as the Physical Therapy Practice Act, relating to
the practice of athletic training, prior to the effective date
of this act shall, on and after the effective date hereof, be
deemed to be [certified] licensed by the State Board of Medicine
or State Board of Osteopathic Medicine as provided for in this
act, unless his or her certification has expired or been revoked
prior to the effective date of this act.
(c) [Certification] Licensure, title and limitation on
practice.--An athletic trainer who meets the requirements of
this section shall be [certified] licensed, may use the title
"athletic trainer" or the abbreviation for the title,
["A.T.C.,"] "A.T.L.," and may perform athletic training
services. A person who is not [certified] licensed under this
section may not use the designation of [certified] licensed
athletic trainer, athletic trainer or any of the listed
abbreviations for that title, including ["C.A.T." or "A.T.C.,"]
"L.A.T." or "A.T.L.," or any similar designation. This section
shall not prohibit any person trained and licensed or certified
under any other law from engaging in the licensed or certified
practice in which the person is trained.
(d) Regulations.--The State Board of Medicine and the State
Board of Osteopathic Medicine shall jointly promulgate
regulations which:
(1) establish approved education and training programs
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for certification; and
(2) define the circumstances and protocol under which a
certified athletic trainer may perform athletic training
services.
[Until such regulations are promulgated by the State Board of
Medicine and the State Board of Osteopathic Medicine, the
athletic trainer shall be regulated by the regulations, duly
promulgated by the State Board of Physical Therapy prior to the
enactment of this amendatory act governing the activities of
certified athletic trainers, which are not inconsistent with
this act.] All references in the current regulations referencing
certification or certified athletic trainers shall be deemed to
be references to licensure or licensed athletic trainers after
the effective date of this act.
* * *
(f) Jurisdiction.--The State Board of Medicine shall be
responsible for the [certification] licensure of athletic
trainers. Jurisdiction will be determined by the type of
physician who supervises and directs the [certified] licensed
athletic trainer. [Certified] Licensed athletic trainers
supervised by physicians regulated by the Medical Practice Act
of 1985 shall fall within the jurisdiction of the State Board of
Medicine.
Section 3. The board shall issue licenses in the course of
its normal biannual process. Any athletic trainers with a valid
certification prior to the effective date of this act may refer
to themselves as licensed athletic trainers upon the effective
date of this act, even though the board has not issued a license
in lieu of certification.
Section 4. This act shall take effect in 30 days.
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