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28th Legislature(2013-2014)

Bill Text 28th Legislature

00                             HOUSE BILL NO. 160                                                                          
01 "An Act relating to the licensing and regulation of athletic trainers."                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 08.01.010 is amended by adding a new paragraph to read:                                            
04                 (39)  regulation of athletic trainers under AS 08.07.                                                   
05    * Sec. 2. AS 08 is amended by adding a new chapter to read:                                                        
06                       Chapter 07. Athletic Trainers.                                                                  
07            Sec. 08.07.010. License required. (a) An individual may not practice or offer                              
08       to practice athletic training, or allow another person to offer athletic training by the                          
09       individual, in the state without being licensed under this chapter, unless the individual                         
10                 (1)  is a student in an accredited athletic trainer program who is                                      
11       practicing athletic training under the supervision of an athletic trainer or a person                             
12       licensed to practice medicine or osteopathy under AS 08.64;                                                       
13                 (2)  is licensed, certified, or registered as an athletic trainer in another                            
14       state and is present in the state for not more than 90 days in a calendar year for a                              
15       specific athletic event or series of athletic events with an individual or group not based                        
01       in the state;                                                                                                     
02                 (3)  is in the military service of the United States or as an employee of                               
03       the federal government performing athletic training services within the scope of the                              
04       individual's official duties.                                                                                     
05            (b)  This section does not prohibit a person licensed under another chapter of                               
06       this title from performing functions defined as athletic training if those functions are                          
07       within the scope of that person's license and the person does not use a title listed in (c)                       
08       of this section.                                                                                                  
09            (c)  Unless licensed under this chapter, or exempted under (a)(2) or (3) of this                             
10       section, an individual may not use the titles "athletic trainer," "licensed athletic                              
11       trainer," "certified athletic trainer," "athletic trainer certified," "A.T.," "A.T.L.,"                           
12       "C.A.T.," "A.T.C.," or any combination of those terms to indicate that the individual is                          
13       a licensed athletic trainer.                                                                                      
14            Sec. 08.07.020. Qualifications for license; fee; renewal. (a) The department                               
15       shall issue an athletic trainer license to an individual who                                                      
16                 (1)  applies to the department on a form provided by the department;                                    
17                 (2)  meets the requirements established in regulation by the department;                                
18                 (3)  pays the fees established by the department; and                                                   
19                 (4)  provides proof of certification by the Board of Certification, Inc.,                               
20       or another nationally recognized professional association approved by the department.                             
21            (b)  An athletic trainer license may be renewed upon proof of certification by                               
22       the Board of Certification, Inc., or another nationally recognized professional                                   
23       association approved by the department and as provided in AS 08.01.100.                                           
24            Sec. 08.07.030. Scope of practice of athletic trainers. (a) An athletic trainer                            
25       may practice athletic training only under the supervision of a person licensed to                                 
26       practice medicine or osteopathy under AS 08.64. In this subsection, "supervision"                                 
27       means the physician authorizes a procedure and the procedure is performed by the                                  
28       athletic trainer in accordance with the physician's diagnosis and treatment plan.                                 
29            (b)  An athletic trainer shall immediately refer an athlete to an appropriate                                
30       licensed health care professional if the athletic trainer determines that athletic training                       
31       is contraindicated or the symptoms or conditions present require treatment outside the                            
01       scope of practice of an athletic trainer.                                                                         
02            (c)  The practice of an athletic trainer includes                                                            
03                 (1)  the treatment of an athlete for injury or illness prevention;                                      
04                 (2)  the clinical evaluation and assessment of an athlete for an injury                                 
05       sustained or exacerbated while participating in a sport or sport-related exercise or                              
06       activity;                                                                                                         
07                 (3)  the immediate care and treatment of an athlete for an injury                                       
08       sustained or exacerbated while participating in a sport or sport-related exercise or                              
09       activity; and                                                                                                     
10                 (4)  the rehabilitation and reconditioning of an athlete from injury                                    
11       sustained or exacerbated while participating in a sport or sport-related exercise or                              
12       activity.                                                                                                         
13            (d)  In this section, "health care professional" means a physician, nurse, and                               
14       physician assistant, but does not include a practitioner of religious healing.                                    
15            Sec. 08.07.040. Regulations. After consulting the professional standards                                   
16       issued by the Board of Certification, Inc., or another nationally recognized                                      
17       professional association approved by the department, the department shall adopt                                   
18       regulations to protect the public, ensure quality patient care, and regulate the licensing                        
19       of athletic trainers that include                                                                                 
20                 (1)  minimum standards for licensure as an athletic trainer;                                            
21                 (2)  minimum standards of care for practice as an athletic trainer; and                                 
22                 (3)  continuing education requirements.                                                                 
23            Sec. 08.07.090. Definitions. In this chapter,                                                              
24                 (1)  "athlete" means an individual who participates in an organized                                     
25       sport or sport-related exercise or activity, including interscholastic, intercollegiate,                          
26       intramural, semiprofessional, and professional sports activities;                                                 
27                 (2)  "athletic trainer" means an individual who is licensed under AS                                    
28       08.07.020 to practice athletic training in this state;                                                            
29                 (3)  "athletic training" means the treatment of an athlete under the                                    
30       direction of a physician licensed under AS 08.64 to manage risk of injury and prevent                             
31       injury, evaluate clinically, assess, and treat an athlete's injury or illness, and                                
01       rehabilitate and recondition that athlete.                                                                        
02    * Sec. 3. AS 09.65.300(c)(1) is amended to read:                                                                   
03                 (1)  "health care provider" means a state licensed physician, physician                                 
04       assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered                            
05       nurse, practical nurse, nurse midwife, advanced nurse practitioner, naturopath,                                   
06       physical therapist, occupational therapist, marital and family therapist, psychologist,                           
07       psychological associate, licensed clinical social worker, athletic trainer, or certified                      
08       direct-entry midwife;                                                                                             
09    * Sec. 4. AS 47.17.290(13) is amended to read:                                                                     
10                 (13)  "practitioner of the healing arts" includes athletic trainers,                                
11       chiropractors, mental health counselors, social workers, dental hygienists, dentists,                             
12       health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists,                        
13       occupational therapy assistants, optometrists, osteopaths, naturopaths, physical                                  
14       therapists, physical therapy assistants, physicians, physician's assistants, psychiatrists,                       
15       psychologists, psychological associates, audiologists and speech-language pathologists                            
16       licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and                                 
17       family therapists licensed under AS 08.63, religious healing practitioners,                                       
18       acupuncturists, and surgeons;                                                                                     
19    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
20 read:                                                                                                                   
21       APPLICABILITY. The license requirement in AS 08.07.010, enacted by sec. 2 of this                                 
22 Act,                                                                                                                    
23            (1)  applies immediately to a person who has                                                                 
24                 (A)  never practiced athletic training, as defined in AS 08.07.090,                                     
25       enacted by sec. 2 of this Act, before the effective date of this Act; or                                          
26                 (B)  has practiced athletic training in the state, but does not meet the                                
27       requirements of (2) of this section; and                                                                          
28            (2)  does not apply until two years after the effective date of this Act to a                                
29 person who has been practicing athletic training in this state for at least three of the five years                     
30 immediately preceding the effective date of this Act and is certified by the Board of                                   
31 Certification, Inc., and practicing athletic training within the scope of that certification.                           
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