H. B. 2628
(By Delegate Swartzmiller)
February 24, 2005
; referred to the
Committee on Government Organization then Finance
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-41-1, §30-41-2,
all relating to
establishment of the athletic training licensure act of two
thousand five, providing for licensing of athletic trainers;
defining the practice of athletic training and athletic
injury; establishing the athletic trainers' licensure board;
providing for operation of the board; providing for fees and
costs associated therewith; setting forth the powers and
duties of the board; providing for the educational and
licensing requirements for practice as an athletic trainer;
providing for continuing education; providing enforcement
powers and procedures; providing for penalties and providing
exemptions including provisions for exemption of licensed medical practitioners, student athletic trainers and state
certified athletic trainers practicing in secondary school
Be it enacted by the Legislature of West Virginia:
the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §30-41-1, §30-41-2,
all to read as follows:
ARTICLE 41. ATHLETIC TRAINERS.
§30-41-1. License required to practice.
To protect the health, safety and welfare of the public and to
ensure standards of competency, it is necessary to require
licensure of those engaged in the practice of athletic training.
After the thirtieth day of June, two thousand five, it is unlawful
for any person not licensed under the provisions of this article to
practice as an athletic trainer in this state, or to use the
initials "AT," "ATC," "LAT," or the words "licensed athletic
trainer," "certified athletic trainer," "athletic trainer," or any
other words, abbreviations, titles or insignia which indicate,
imply or represent that the person is an athletic trainer, or
employ any person, not duly licensed, to practice athletic training
or use such words, abbreviations, titles or insignia which
indicate, imply or represent that he or she is an athletic trainer.
(a) "Board" means the West Virginia athletic training
(b) "Licensed athletic trainer" means a person licensed to
practice the allied health care profession of athletic training
under this article who practices or administers athletic training
to any person.
(c) "Athletic training" means the practice assessment, of
management, treatment, disposition, and reconditioning of athletic
(d) "Athletic injury" means any injury sustained by an
individual that affects the individual's participation or
performance in sports, games, recreation, exercise or other
activity that requires physical strength, agility, flexibility,
speed, stamina or range of motion; or condition identified by a
licensed physician as benefitting from athletic training services.
§30-41-3. Board established; membership; terms.
(a) The West Virginia athletic training licensure board
consists of seven members: Five certified athletic trainers,
certified by the National Athletic Trainers' Association Board of
Certification, except that for appointments prior to the first day
of July, two thousand eight, one member may be certified by the
State Board of Education; one licensed medical practitioner, who
shall be a physician, osteopath, chiropractor, physical therapist
or podiatrist knowledgeable of the practice and components of the athletic training profession; and one lay person to represent the
interest of the public. All shall be appointed by the Governor
with the advice and consent of the Senate, from a list of three
names for each position recommended by the West Virginia Athletic
Trainers' Association. Each athletic trainer member of the board
shall have been a resident of, and certified and engaged in the
active practice of athletic training in the state for a period of
at least three years preceding his or her appointment.
(b) The terms of board members shall be staggered initially
from the first day of July, two thousand five. The Governor shall
appoint initially three members for a term of one year, two members
for a term of two years and two members for a term of three years.
Subsequent appointments shall be for a term of three years. Each
member shall serve until that member?s successor is appointed and
qualified, unless the board member is no longer competently
performing the duties of office. The Governor for the balance of
the unexpired term shall appoint a member to fill any vacancy on
(c) The Governor may remove any members of the board in case
of incompetence, neglect of duty, gross immorality or malfeasance
(d) The board shall conduct a training program to be held
annually to familiarize new board members with their duties.
§30-41-4. Quorum; meetings; officers; reimbursement; staff.
(a) A majority of the full authorized membership of the board
constitutes a quorum.
(b) The board shall meet at least twice a year, at the times
and places that it determines.
(c) The board shall annually elect a chairperson and a
(d) Each member of the board is entitled to reimbursement of
travel and other necessary expenses actually incurred while
engaging in board activities. All reimbursement of expenses shall
be paid out of the athletic training licensure board fund created
by the provisions of this article.
(e) The board may employ staff as necessary to perform the
functions of the board, including an administrative secretary, and
pay all personnel out of the athletic training licensure board fund
created by provisions of this article.
(f) The board may contract with other state boards or state
agencies to share office, personnel, and other administrative
functions as authorized under this article.
§30-41-5. Athletic training licensure board fund; fees; expenses;
disposition of funds.
(a) There is hereby created an athletic training licensure
board fund in the State Treasurer?s Office.
(b) The board may set, by legislative rule, reasonable fees
for the issuance or renewal of licenses and its other services. All funds to cover the compensation and expenses of the board
members shall be generated by the fees set under this subsection.
(c) The disposition of all funds received by the board shall
be governed by the provisions of section ten, article one, chapter
thirty of this code.
§30-41-6. Duties of board; authorization to propose rules and
The board shall propose rules for legislative approval in
accordance with the provisions of section one, article three,
chapter twenty-nine-a of this code as necessary to implement the
provisions of this article, which shall include provisions
(a) Licensure and continuing education requirements, standards
of practice, professional disciplinary actions, and other issues of
(b) Continuing education programs;
(c) All fees for licensure, renewal of licensure, and all
other related matters;
(d) The inclusion or exclusion of particular services within
the authorized scope of practice and the nature of medical
§30-41-7. Requirements for licensure.
(a) The board shall propose rules for legislative approval
establishing a procedure for licensing of athletic trainers. License requirements shall include the following:
(1) Satisfactory completion of an application for licensure in
accordance with the rules adopted by the board;
(2) Payment of application, examination and licensing fees as
may be established by the board, which shall compensate and be
retained by the board for the costs of administration;
(3) Be of good moral character;
(4) Not be addicted to the intemperate use of alcohol or
narcotic drugs or other controlled substances;
(5) Not have been convicted of a crime involving sexual abuse
or sexual misconduct, or that has a direct bearing on the
applicant?s ability to practice competently as determined by the
(6) Not have had disciplinary action taken against the
applicant or the applicant?s license by the board or by the
licensing agency of another state or jurisdiction by reason of the
applicant's inability to safely practice athletic training with
those reasons for discipline still being valid as determined by the
(7) Show to the satisfaction of the board that the applicant
has received at least a baccalaureate degree from an institution of
education that meets the academic standards for athletic trainers
established by the National Athletic Trainers' Association;
(8) Successful athletic completion trainers of the national
association board of certification (NATABOC) examination. The
requirements of subdivisions (7) and (8) of this subsection shall
be waived for those practitioners who were practicing as state
certified athletic trainers pursuant to a West Virginia board of
education athletic trainer certification prior to the first day of
July, two thousand five.
(b) In addition to provisions for licensure, the rules shall
include the following:
(1) Requirements for completion of continuing education hours
conforming to NATABOC guidelines; and
(2) Requirements for issuance of a reciprocal license to
licensees of states with requirements which may include the
successful completion of the NATABOC examination.
(c) An athletic trainer who is licensed by the board shall be
issued a license number, a certificate and an identification card.
The current, valid license certificate shall be publicly displayed
and available for inspection by the board and the public at an
athletic trainer?s work site, and the identification card shall be
carried while practicing athletic training.
(a) The board has the power and authority to enter any court
of this state having proper jurisdiction to seek an injunction
against any person, corporation or association not in compliance
with the provisions of this article, and is further empowered to enter into any court to enforce the provisions of this article to
ensure compliance with these provisions.
(b) The board may suspend, revoke, or impose probationary
conditions upon a license issued pursuant to rules adopted in
accordance with this article concerning board requirements for
licensure. The following are grounds for revocation, suspension,
or annulment when a person, corporation or association:
(1) Guilty of fraud in practice of athletic training, or fraud
or deceit in the licensee?s application for licensure;
(2) Engaged in practice under false or assumed name, or
impersonating another practitioner of a like or different name;
(3) Addicted to the habitual use of drugs, alcohol or
stimulants to an extent as to incapacitate that person's
performance of professional duties;
(4) Guilty of fraudulent, false, misleading or deceptive
advertising, or for prescribing medicines or drugs, or practicing
any licensed profession without legal authority. The licensee may
not diagnose, or imply or advertise in any way a service for a
condition that would require diagnosis;
(5) Grossly negligent in the practice of athletic training;
(6) Guilty of employing, allowing or permitting an unlicensed
person to perform athletic training in the licensee?s work site,
except that nothing in this chapter shall be construed to prevent
any person from serving as a student athletic trainer, or any similar position designated by a title which clearly indicates his
or her status as a student or trainee, provided that such service
is not primarily for compensation and is carried out under the
supervision of a licensed athletic trainer responsible for
planning, directing, advising and evaluating the student?s athletic
(7) Practicing athletic training with a license from another
state or jurisdiction that has been canceled, revoked, suspended or
(8) Incapacitated by a physical or mental disability which is
determined by a physician to render further practice by the
licensee inconsistent with competency and ethic requirements;
(9) Convicted of sexual abuse or sexual misconduct;
(10) In violation of any of the provisions of this article or
any substantive rule adopted under the authority of this article.
§30-41-9. Hearing for revocation, suspension, nonrenewal.
All proceedings for the revocation, suspension or nonrenewal
of licenses issued under the authority of this chapter shall be
governed by the provisions of section eight, article one, chapter
thirty of this code.
§30-41-10. Prohibitions and penalties.
(a) After the first day of July, two thousand five, a person,
corporation or association who is not licensed pursuant to the
provisions of this article may not engage in the practice of athletic training and may not use the initials "AT," "ATC," "LAT,"
or the words "licensed athletic trainer," "certified athletic
trainer," "athletic trainer," or any other words, abbreviations,
titles or insignia which indicate, imply or represent that the
person is an athletic trainer, nor may a person, corporation or
association employ any person, not duly licensed, to practice
athletic training or use such words, abbreviations, titles or
insignia which indicate, imply or represent that he or she is an
(b) Any person, corporation or association who violates the
provisions of subsection (a) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than five hundred dollars, or
confined in jail not more than one year, or both fined and
Nothing in this article may be construed to prohibit or
(a) The practice of a profession by persons who are licensed,
certified or registered under the laws of this state and who are
performing services within their authorized scope of practice.
Persons exempted under this subdivision include, but are not
limited to, those licensed, certified or registered to practice
within the scope of any branch of medicine, nursing, osteopathy, chiropractic, podiatry, dentistry, optometry, physical therapy,
occupational therapy, or emergency medical technician;
(b) A person from serving as a student athletic trainer, or
any similar position designated by a title which clearly indicates
his or her status as a student or trainee, provided that such
service is not primarily for compensation and is carried out under
the supervision of a licensed athletic trainer responsible for
planning, directing, advising and evaluating the student?s athletic
training experience; and
(c) Practice in secondary school settings by persons who were
practicing athletic training under a West Virginia board of
education athletic certification prior to the first day of July,
two thousand five, provided such practice is in accordance with
board of education policy then in effect.
NOTE: The purpose of this bill is to establish a licensing
board to license athletic trainers providing
the requirements for
licensure and outline the duties and powers of the board.
This article is new; therefore, strike-throughs and
underscoring have been omitted.