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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 160                                                                                                         
01 Relating to the licensing and regulation of athletic trainers; and providing for an effective                           
02 date.                                                                                                                   
03                           _______________                                                                               
04    * Section 1. AS 08.01.010 is amended by adding a new paragraph to read:                                            
05                 (39)  regulation of athletic trainers under AS 08.07.                                                   
06    * Sec. 2. AS 08 is amended by adding a new chapter to read:                                                        
07                       Chapter 07. Athletic Trainers.                                                                  
08            Sec. 08.07.010. License required. (a) An individual may not practice or offer                              
09       to practice athletic training, or allow another person to offer athletic training by the                          
10       individual, in the state without being licensed under this chapter, unless the individual                         
11       is                                                                                                                
12                 (1)  a student in an accredited athletic trainer program who is practicing                              
13       athletic training under the supervision of an athletic trainer or a person licensed to                            
14       practice medicine or osteopathy under AS 08.64;                                                                   
01                 (2)  licensed, certified, or registered as an athletic trainer in another                               
02       state and is present in the state for not more than 90 days in a calendar year for a                              
03       specific athletic event or series of athletic events with an individual or group not based                        
04       in the state; or                                                                                                  
05                 (3)  in the military service of the United States or as an employee of the                              
06       federal government performing athletic training services within the scope of the                                  
07       individual's official duties.                                                                                     
08            (b)  This section does not prohibit a person licensed under another chapter of                               
09       this title from performing functions defined as athletic training if those functions are                          
10       within the scope of that person's license and the person does not use a title listed in (d)                       
11       of this section.                                                                                                  
12            (c)  Nothing in this chapter requires licensing of a coach or fitness trainer who                            
13                 (1)  does not use a title listed in (d) of this section; and                                            
14                 (2)  is acting within the scope of the person's duties as a coach or                                    
15       fitness trainer.                                                                                                  
16            (d)  Unless licensed under this chapter or exempted under (a)(2) or (3) of this                              
17       section, an individual may not use the titles "athletic trainer," "licensed athletic                              
18       trainer," "certified athletic trainer," "athletic trainer certified," "A.T.," "A.T.L.,"                           
19       "C.A.T.," "A.T.C.," or any combination of those terms to indicate that the individual is                          
20       a licensed athletic trainer.                                                                                      
21            Sec. 08.07.020. Qualifications for license; fee; renewal. (a) The department                               
22       shall issue an athletic trainer license to an individual who                                                      
23                 (1)  applies to the department on a form provided by the department;                                    
24                 (2)  meets the requirements established in regulation by the department;                                
25                 (3)  pays the fees established by the department; and                                                   
26                 (4)  provides proof of certification by the Board of Certification, Inc.,                               
27       or another nationally recognized professional association approved by the department.                             
28            (b)  An athletic trainer license may be renewed upon proof of certification by                               
29       the Board of Certification, Inc., or another nationally recognized professional                                   
30       association approved by the department and as provided in AS 08.01.100.                                           
31            Sec. 08.07.030. Scope of practice of athletic trainers. (a) An athletic trainer                            
01       may practice athletic training only under the direction of a person licensed to practice                          
02       medicine or osteopathy under AS 08.64. In this subsection, "direction" means the                                  
03       physician authorizes a procedure by a verbal order if the physician is present or by                              
04       written order, telecommunication, or athletic training treatment plans, protocols, or                             
05       standing orders established by the physician if the physician is not present.                                     
06            (b)  An athletic trainer shall immediately refer an athlete to an appropriate                                
07       licensed health care professional if the athletic trainer determines that athletic training                       
08       is contraindicated or the symptoms or conditions present require treatment outside the                            
09       scope of practice of an athletic trainer.                                                                         
10            (c)  The practice of an athletic trainer includes                                                            
11                 (1)  the treatment of an athlete for an athletic injury or illness                                      
12       prevention;                                                                                                       
13                 (2)  the clinical evaluation and assessment of an athlete for an athletic                               
14       injury or illness sustained or exacerbated while participating in an athletic or sport-                           
15       related exercise or activity;                                                                                     
16                 (3)  the immediate care and treatment of an athlete for an athletic injury                              
17       or illness sustained or exacerbated while participating in an athletic or sport-related                           
18       exercise or activity; and                                                                                         
19                 (4)  the rehabilitation and reconditioning of an athlete from an athletic                               
20       injury or illness sustained or exacerbated while participating in an athletic or sport-                           
21       related exercise or activity.                                                                                     
22            (d)  In this section, "health care professional" has the meaning given to "health                            
23       care provider" in AS 09.65.300.                                                                                   
24            Sec. 08.07.040. Regulations. After consulting the professional standards                                   
25       issued by the Board of Certification, Inc., the board's successor, or another nationally                          
26       recognized professional association approved by the department, the department shall                              
27       adopt regulations to protect the public, ensure quality patient care, and regulate the                            
28       licensing of athletic trainers that include                                                                       
29                 (1)  minimum standards for licensure as an athletic trainer;                                            
30                 (2)  minimum standards of care for practice as an athletic trainer; and                                 
31                 (3)  continuing education requirements.                                                                 
01            Sec. 08.07.090. Definitions. In this chapter,                                                              
02                 (1)  "athlete" means an individual who participates in an athletic or                                   
03       sport-related exercise or activity, including interscholastic, intercollegiate, intramural,                       
04       semiprofessional, and professional sports activities;                                                             
05                 (2)  "athletic injury or illness" means an injury or illness sustained or                               
06       exacerbated through participation in an activity, exercise, recreation, sport, or game                            
07       requiring physical strength, range of motion, flexibility, body awareness and control,                            
08       speed, stamina, or agility of a type sustained in association with sports participation as                        
09       part of an educational institution, professional sports club, amateur sports club,                                
10       recreational sports club, or organization;                                                                        
11                 (3)  "athletic trainer" means an individual who is licensed under                                       
12       AS 08.07.020 to practice athletic training in this state;                                                         
13                 (4)  "athletic training" means injury and illness prevention and the                                    
14       evaluation, assessment, immediate care, treatment, rehabilitation, and reconditioning                             
15       of an athletic injury or illness.                                                                                 
16    * Sec. 3. AS 09.65.300(c)(1) is amended to read:                                                                   
17                 (1)  "health care provider" means a state licensed physician, physician                                 
18       assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered                            
19       nurse, practical nurse, nurse midwife, advanced nurse practitioner, naturopath,                                   
20       physical therapist, occupational therapist, marital and family therapist, psychologist,                           
21       psychological associate, licensed clinical social worker, athletic trainer, or certified                      
22       direct-entry midwife;                                                                                             
23    * Sec. 4. AS 47.17.290(14) is amended to read:                                                                     
24                 (14)  "practitioner of the healing arts" includes athletic trainers,                                
25       chiropractors, mental health counselors, social workers, dental hygienists, dentists,                             
26       health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists,                        
27       occupational therapy assistants, optometrists, osteopaths, naturopaths, physical                                  
28       therapists, physical therapy assistants, physicians, physician's assistants, psychiatrists,                       
29       psychologists, psychological associates, audiologists and speech-language pathologists                            
30       licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and                                 
31       family therapists licensed under AS 08.63, religious healing practitioners,                                       
01       acupuncturists, and surgeons;                                                                                     
02    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
03 read:                                                                                                                   
04       APPLICABILITY. The license requirement in AS 08.07.010, enacted by sec. 2 of this                                 
05 Act,                                                                                                                    
06            (1)  applies immediately to a person who has                                                                 
07                 (A)  never practiced athletic training, as defined in AS 08.07.090,                                     
08       enacted by sec. 2 of this Act, before the effective date of sec. 2 of this Act; or                                
09                 (B)  has practiced athletic training in the state, but does not meet the                                
10       requirements of (2) of this section; and                                                                          
11            (2)  does not apply until two years after the effective date of sec. 2 of this Act                           
12 to a person who has been practicing athletic training in this state for at least three of the five                      
13 years immediately preceding the effective date of sec. 2 of this Act and is certified by the                            
14 Board of Certification, Inc., and practicing athletic training within the scope of that                                 
15 certification.                                                                                                          
16    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18       TRANSITIONAL PROVISION: REGULATIONS. The Department of Commerce,                                                  
19 Community, and Economic Development may adopt regulations necessary to implement the                                    
20 changes made by this Act. The regulations take effect under AS 44.62 (Administrative                                    
21 Procedure Act), but not before the effective date of the law implemented by the regulation.                             
22    * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c).                                    
23    * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect July 1, 2015.                            
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