HB 160: "An Act relating to the licensing and regulation of athletic trainers."
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.