Report Title:

Athletic Trainers; Licensure

 

Description:

Implements licensing provisions for athletic trainers.  (HB593 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

593

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ATHLETIC TRAINERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ATHLETIC TRAINERS

     §   -1  Title.  This chapter shall be known as the "Athletic Trainer Licensing Act".

     §   -2  Definitions.  As used in this chapter, unless the context indicates otherwise:

     "Adequate records" means legible records that contain, at a minimum:

     (1)  The athletic training service plan or protocol;

     (2)  An evaluation of objective findings;

     (3)  The plan of care and the treatment records; or

     (4)  Written orders.

     "Athlete" means an individual, referee, coach, or athletic staff member who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina, and the exercises, sports, or games are of a type generally conducted in association with an educational institution or professional, amateur, or recreational sports club or organization.

     "Athletic injury" means:

     (1)  An injury sustained by an athlete that affects the individual's participation or performance in sports, games, recreation, or exercise; or

     (2)  A condition that is within the scope of practice of an athletic trainer identified by a treating physician or physical therapist as benefiting from athletic training services.

     "Athletic trainer" means an individual who is licensed under this chapter and carries out the practice of athletic training.

     "Treating physician" means a physician and surgeon licensed under chapter 453, or an osteopathic physician and surgeon licensed under chapter 460, who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by rule.

     "Director" means the director of commerce and consumer affairs.

     The "practice of athletic training" means the application by a licensed and certified athletic trainer of principles and methods of:

     (1)  Prevention of athletic injuries;

     (2)  Recognition, evaluation, and assessment of athletic injuries and conditions;

     (3)  Immediate care of athletic injuries, including common emergency medical situations;

     (4)  Rehabilitation and reconditioning of athletic injuries;

     (5)  Athletic training services administration and organization; and

     (6)  Education of athletes.

     §   -3  Duties of treating physician.  A treating physician shall provide supervision to an athletic trainer by a verbal order when in the presence of the athletic trainer and by written order or by athletic training service plans or protocols when a treating physician is not present.

     §   -4  Licensure required.  (a)  A license is required to engage in the practice of athletic training, except as specifically provided in section    -8.

     (b)  The director shall issue to an individual who qualifies under this chapter a license in the classification of athletic trainer.

     (c)  An individual may not use the title "licensed athletic trainer", "athletic trainer", or abbreviations or insignias to imply that the individual is an athletic trainer unless the individual is licensed under this chapter.

     §   -5  Qualifications for licensure.  The director shall issue a license to practice as an athletic trainer to an applicant who:

     (1)  Has obtained a bachelor's or advanced degree from an accredited four-year college or university and meets the minimum athletic training curriculum requirement established by rule;

     (2)  Has successfully completed an examination approved or recognized by the director;

     (3)  Is in good standing with and provides documentation of current certification by a nationally recognized credentialing agency approved by the director;

     (4)  Submits a properly completed application on a form prescribed by the director; and

     (5)  Pays the required licensing fee as determined by the director.

     §   -6  Scope of practice.  An athletic trainer may:

     (1)  Prevent injuries by:

         (A)  Designing and implementing physical conditioning programs, which may include:

              (i)  Strength and range of motion testing;

             (ii)  Nutritional advisement; and

            (iii)  Psychosocial intervention and referral;

         (B)  Performing preparticipation screening;

         (C)  Fitting protective equipment;

         (D)  Designing, constructing, and applying protective products;

         (E)  Providing counseling and guidance; and

         (F)  Continuously monitoring changes in the environment;

     (2)  Recognize and evaluate injuries by:

         (A)  Obtaining a history of the injury;

         (B)  Inspecting an injured body part and associated structures;

         (C)  Palpating bony landmarks and soft tissue structures; and

         (D)  Performing clinical tests to determine the extent of an injury;

     (3)  Provide immediate care of injuries by:

         (A)  Initiating cardiopulmonary resuscitation;

         (B)  Administering basic or advanced first aid;

         (C)  Removing athletic equipment; and

         (D)  Immobilizing and transporting an injured athlete;

     (4)  Determine whether an athlete may return to participation, or, if the injury requires further definitive care, refer the athlete to the appropriate treating physician;

     (5)  Rehabilitate and recondition an injury by administering therapeutic and conditioning exercises using standard techniques and procedures to facilitate recovery, function, and performance, including application of flexibility or range of motion exercises, cryotherapy, thermotherapy, and intermittent compression, electrical stimulation, ultra sound, traction devices, and mechanical devices as directed by established, written athletic training service plans or protocols or upon the order of a treating physician;

     (6)  Provide athletic training services administration, including:

         (A)  Implementing athletic training service plans or protocols;

         (B)  Writing organizational policies and procedures;

         (C)  Complying with governmental and institutional standards; and

         (D)  Maintaining records to document services rendered;

          and

     (7)  Educate athletes to facilitate physical conditioning and reconditioning by designing and implementing appropriate programs to minimize the risk of injury.

     §   -7  Term of license; expiration; renewal.  (a)  The director shall issue each license for an athletic trainer in accordance with a two-year renewal cycle established by rule.  The director, by rule, may extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.

     (b)  Each license automatically expires on the expiration date shown on the license unless renewed in accordance with rules adopted by the director.

     §   -8  Exemptions from licensure.  This chapter does not require the licensure of an individual who assists in an emergency or who provides services for which no fee is contemplated, charged, or received; provided the individual does not profess to be an athletic trainer.

     §   -9  Grounds for denial of license.  The director may:

     (1)  Refuse to issue a license to an applicant;

     (2)  Refuse to renew the license of a licensee;

     (3)  Revoke suspend, restrict, or place on probation the            license of a licensee;

     (4)  Issue a public or private reprimand to a licensee; and    (5)     Issue cease and desist orders in accordance with                   chapter 91,

for unprofessional conduct or other violations of this chapter.

     §   -10  Unprofessional conduct.  "Unprofessional conduct" includes:

     (1)  Failing to report to the director an act or omission of a licensee, applicant, or any other individual which violates a provision of this chapter;

     (2)  Interfering with an investigation of a disciplinary proceeding by wilful misrepresentation of facts or by use of threats or harassment against a client or witness to prevent that individual from providing evidence in a disciplinary proceeding, investigation, or other legal action;

     (3)  Failing to maintain client confidentiality unless otherwise required by law;

     (4)  Promoting an unnecessary device, treatment, intervention, or service for financial gain by the athletic trainer or third party; and

     (5)  Failing to maintain adequate records."

     SECTION 2.  This Act shall take effect upon its approval.