Legislature(2011 - 2012)BARNES 124
04/11/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB119 | |
| HB259 | |
| HB266 | |
| SB27 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 119 | TELECONFERENCED | |
| += | HB 259 | TELECONFERENCED | |
| += | HB 266 | TELECONFERENCED | |
| + | SB 27 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 119-ATHLETIC TRAINERS
3:25:54 PM
CHAIR OLSON announced that the first order of business would be
CS FOR SENATE BILL NO. 119(L&C), "An Act relating to athletic
trainers."
3:26:01 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, on behalf of the sponsor of SB 119, Senator Kevin
Meyer, stated that this bill relates to athletic trainers.
3:28:15 PM
REPRESENTATIVE JOHNSON moved to adopt the proposed House
committee substitute (CS) to CSSB 119(L&C), labeled 27-LS0732\X,
Kirsch, 4/10/12.
CHAIR OLSON objected for the purpose of discussion.
3:28:42 PM
MS. MARASIGAN reviewed the proposed committee substitute,
Version X. She referred to page 2, lines 1-2, which reads,
"relating to student participation in interscholastic
activities; and providing for an effective date." She also
referred to page 2, line 12, which reads, "(2) meets the
requirements established by the department in regulation;". She
indicated that this provision relates to the requirements set
out in regulations under proposed AS 08.07.030 on page 2, lines
20-27. She explained this language was removed by prior
committees for cost savings; however, on further reflection and
discussions with the Department of Law, it was decided that
having the regulations establishing state standards would be
appropriate.
3:30:04 PM
MS. MARASIGAN referred to the definition section, under proposed
AS 08.07.040 has been changed. She related that on page 3,
Sections 3 and 4 remain the same and the provisions outline that
an athletic trainer is recognized as a health care provider.
MS. MARASIGAN referred to Section 4, which relates to potential
concussions and traumatic brain injury and clarifies a student
may not return for "participation in practice or game" until the
student has been evaluated and is cleared for participation in
writing. She explained that athletic trainers are trained to
treat concussions and traumatic brain injuries. She explained
that the language on page 3, lines 28-31 and page 4, of Section
5 outlines the different ways in which those in alternative
educational programs can participate in interscholastic school
activities. She related that this bill was previously heard in
the Health, Education, and Social Services Committee. She
offered that Sections 6 and 7 refer to the effective dates.
3:31:44 PM
REPRESENTATIVE JOHNSON asked whether the bill excludes ninth
grade level students from needing an athletic trainer. He
referred to the definition of interscholastic activities or
eligibility, noting that it does not seem to cover younger
students.
MS. MARASIGAN explained this language basically refers to
students enrolled in alternative education programs. In other
words students who are homeschooled or attend an academy school
or any school listed on page 4 of the bill can participate in
interscholastic activities if they live in the district.
3:33:11 PM
REPRESENTATIVE JOHNSON asked what about "pee wee" football and
if an athletic trainer can be used.
MS. MARASIGAN answered that the two issues are related, but this
bill related to interscholastic athletics does not require an
athletic trainer to be present. Students who want to
participate in interscholastic athletics don't necessarily need
to participate with the blessing of an athletic trainer.
REPRESENTATIVE JOHNSON said he would contemplate this.
3:34:18 PM
REPRESENTATIVE SADDLER said he attended a small school without
athletic trainers. He asked for an informal definition of
athletic trainer and whether there are various levels of
trainers.
MS. MARASIGAN answered that the issue of smaller schools and
athletic trainers in general has arisen previously. She
explained that athletic training is federally defined as an
occupation. These athletic trainers have an undergraduate
degree in kinesiology and sports medicine. She explained the
trainers adhere to a nationally certified process to become an
athletic trainer. In terms of smaller schools, she related her
understanding that Fairbanks has an athletic trainer. She
stated that currently athletic trainers are unregulated and
unlicensed in Alaska. Many of them volunteer for sports
activities and are able to recognize concussions and other
sports injuries, but there is not any requirement in the bill or
otherwise that requires one to be present on site.
3:36:07 PM
REPRESENTATIVE SADDLER commented that he thinks of trainers with
ice bags or ammonia when he thinks of athletic trainers. He
asked whether people who participate in football and have an
injury that may require a back board are treated by athletic
trainers. He further asked who is liable when a trainer
encounters someone with a broken spinal column. He asked
whether athletic trainers are held liable.
MS. MARASIGAN deferred to the athletic trainers; however; she
assumed athletic trainers, just like other medical professionals
would be covered under Good Samaritan Law and can provide
assistance.
3:38:08 PM
BRENDA SHELDON, Athletic Trainer; President, Alaska Athletic
Trainers Association (AATA), stated she is an athletic trainer.
She explained that athletic trainers are allied health care
professionals who graduate from an accredited college or
university athletic training program. Nearly 70 percent of
athletic trainers hold a master's degree or higher advanced
college degree. They take classes, including classes in human
anatomy, biology, human physiology, statistics, exercise
physiology, kinesiology chemistry, physics, medical conditions
and disabilities, and therapeutic modalities. She offered to
provide a list to the committee. An independent board of
certification nationally certifies athletic trainers, who must
pass an examination and obtain 75 hours of medically related
continuing education every three years, adhere to the standards
of professional practice, and the code of ethics.
MS. SHELDON detailed that to be a licensed athletic trainer in
Alaska, the trainer must be in good standing with the board of
certification, and the Division of Business and Professional
Licensing can obtain primary source verification from the board
of certification. In Alaska, athletic trainers are found in the
university system, in physician offices, on military bases, at
high school sporting events, and working with semi-professional
teams. This bill does not limit other professionals from
standing alongside to provide care. This bill specifically does
not prohibit any professional from working within their scope of
practice to perform duties. She highlighted that athletic
trainers who volunteer at youth or community functions are not
currently covered or included in the Alaska Good Samaritan law,
but SB 119 will ensure that athletic trainers are covered under
the Good Samaritan law.
3:40:38 PM
MS. SHELDON referred to page 2 to the definition of athletic
trainer, which she characterized as limiting. She respectfully
asked for input. She suggested the definition should read,
"athletic training" means the prevention, recognition,
evaluation, treatment, and rehabilitation of injury or illness
and engaging in the organization and administration of athletic
training programs under the direction of a physician under AS
08.64." She offered her support for SB 119 with the revised
definition of athletic training. She offered her belief that SB
119 would help to ensure that qualified, licensed, athletic
trainers are caring for Alaskans.
3:41:41 PM
CHAIR OLSON asked about the Good Samaritan Act. He asked
whether there are other professions are covered by the act. He
related his understanding that the Good Samaritan Act protects a
doctor, nurse, practitioner or anyone driving by an accident or
on a plane to allow them to provide aid.
MS. SHELDON explained the Good Samaritan Act states the person
must be licensed to be covered. She referred to page [3], line
3, which lists the professions covered under the Good Samaritan
law. She explained that SB 119 would add athletic trainer.
3:43:33 PM
REPRESENTATIVE SADDLER asked for a copy of the proposed
definition.
CHAIR OLSON advised the committee will have the proposed
definition distributed.
3:43:59 PM
REPRESENTATIVE MILLER indicated the title relates to athletic
trainers participating in interscholastic activities. He asked
if the definition is too broad for athletic trainers. He was
also uncertain whether the host of activities listed in the
definition fall under the interscholastic activities.
MS. MARASIGAN referred members to Version X, pages 1, 2, and
through page 3, line 14. She explained that the original bill
solely addresses licensure of athletic trainers. She explained
that the bill was amended and the additional language in the
bill relates to interscholastic activities.
3:45:52 PM
REPRESENTATIVE MILLER referred to the semicolon in the bill
title after athletic trainer.
MS. MARASIGAN reiterated her understanding that SB 119 relates
to athletic trainers, and everything added from page 3, lines 15
through page 5 is another related to the issue scholastic
activities previously in HB 369 sponsored by Representatives
Thomas and Stolz, which was rolled into this bill since it is
related.
REPRESENTATIVE MILLER commented he would accept that but it was
still unclear.
3:47:47 PM
CHAIR OLSON asked if replacing the ";" with an "and" would
clarify the title.
REPRESENTATIVE MILLER agreed. He commented that he was a
swimmer in college and the athletic trainers were available to
oversee the football team.
REPRESENTATIVE SADDLER asked for the number of athletic trainers
in the state and whether they are used at the college, high
school, or semi-professional level.
MS. SHELDON offered that there are approximately 41 athletic
trainers in Alaska, in communities including Fairbanks,
Matanuska-Susitna, Juneau, Sitka, and Anchorage. The roles are
diverse including the university system, physician offices, and
military bases. She related that their professional and allied
professional background covers all areas within their scope of
practice.
3:49:26 PM
REPRESENTATIVE SADDLER asked whether the universities have any
undergraduate training programs.
MS. SHELDON related her understanding the programs are in the
planning phase.
3:49:54 PM
REPRESENTATIVE SADDLER inquired as to level of pay for athletic
trainers.
MS. SHELDON answered it varies in the setting, whether the job
is at the university or at a physician's office. She
characterized the pay as in the mid-range scale ranging from
$40,000 to $55,000, but not in the high-end pay ranges.
REPRESENTATIVE SADDLER asked whether the athletic trainers are
typically athletes or medical school students.
MS. SHELDON responded that it varies in Alaska since athletic
trainers are a diverse group. She explained that there are
dual-credentialed athletic trainers in Alaska who work in dual
capacities, such as athletic trainers that work as a registered
nurses, physical therapists, medical doctors (MD), physician
assistants, and physical therapy assistants. She explained that
athletic trainers typically fall in the medical background
arena.
3:51:53 PM
LYNNE-MARIE YOUNG, Certified Athletic Trainer;
Secretary/Treasurer, Alaska Athletic Trainers' Association,
stated she just received a copy of SB 119. She agreed with Ms.
Sheldon's testimony and fully supports SB 119 with the revision
of the definition. She shared concerns over the definition of
an athletic trainer since she is current employed as an athletic
trainer. She stated the current definition in the bill will
change the scope of practice and some athletic trainers may
actually lose their jobs. Under their scope of practice and
national board certification, athletic trainers can treat
patients in physicians' offices as physician extenders.
Additionally, athletic trainers can work in military and
industrial settings. She suggested that the language leads
people to believe that only athletes and those with athletic
injuries can benefit from an athletic trainer's care. She
reiterated that the Alaska Athletic Trainers' Association fully
supports SB 119 with the definition change for athletic
trainers.
3:53:52 PM
REPRESENTATIVE SADDLER referred to the definition for athletic
trainer and asked how someone practices under the direction of a
physician.
MS. YOUNG answered that the athletic trainers through education
are trained to deal with injuries and illnesses as they occur.
She explained that athletic trainers use physicians as their
guides. In the event that athletic trainers have questions they
consult with a physician to obtain direction. She pointed out
that while athletic trainers take many of the same courses, they
are not at same level as a physician; however athletic trainers
can discuss certain cases. She described the treatment they
offer as treating people for injury and illness. She pointed
out that one ankle sprain may take two to three weeks to heal
and athletic trainers will communicate to see how injury or
illness is responding according to the protocol.
3:55:33 PM
REPRESENTATIVE SADDLER asked whether a patient must first be
seen by a physician and then the athletic trainer takes over or
if there is a standard set of orders for conditions.
MS. YOUNG answered that there is a standard set of treatments,
such that if an athlete or individual slips on ice or on a
basketball court, the athletic trainer is trained to do an
assessment. Through the assessment and education the athletic
trainer knows whether the person would benefit from a basic
protocol. She referred to PRICE, which means protection rights,
ice, compression, and elevation as is typically taught in first
aid courses is used; however, certain tests and evaluation
procedures will lead the athletic trainers to determine whether
the injured person needs to be splinted and transported to a
hospital or to a physician's office for an X-ray. She recapped
that based on education an athletic trainer's evaluation will
deem whether the athletic trainer will recommend an individual
needs an immediate trip to a physician or within a day or two of
the injury.
REPRESENTATIVE SADDLER related his understanding the standard
protocol would apply to someone who slipped on ice, which would
still as being under the "direction of a physician."
MS. YOUNG offered her belief that the athletic trainers are
trained to treat injuries and illnesses. She agreed a person
slipping on ice would be treated similarly to someone slipping
on a basketball court.
3:57:13 PM
CHAIR OLSON assumed the athletic trainers are paid by schools or
insurance from the injured party.
MS. YOUNG responded that payment depends on the source of
employment. She answered that athletic trainers who work at the
university are paid by the university; those that work for
physicians are paid by the physician or hospital; and those
employed by the military are paid by the military. She related
her personal circumstances, such that she is employed by a
physician's office and she volunteers her service to the high
schools, but the schools do not pay for the services. The
schools display a banner or thank the physician and athletic
trainer by placing an ad in their programs specifically thanking
them for caring for their athletes.
3:58:27 PM
CHAIR OLSON answered if anyone bills insurance for services.
MS. YOUNG answered no.
[SB 119 was held over, with Chair Olson's objection to adoption
of Version X pending.]