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WEST virginia
legislature
2017 regular session
By
[
to the Committee on Government Organization then the Judiciary.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto sixteen new sections,
designated §30-20A-1; §30-20A-2; §30-20A-3; §30-20A-4; §30-20A-5; §30-20A-6;
§30-20A-7; §30-20A-8; §30-20A-9; §30-20A-10; §30-20A-11; §30-20A-12; §30-20A-13;
§30-20A-14; §30-20A-15 and §30-20A-16, all relating to licensing the practice
of athletic training; and providing criminal penalties.
Be it enacted by the
Legislature of West Virginia:
That
the Code of West Virginia, 1931, as amended, be amended by adding thereto
sixteen new sections, designated §30-20A-1; §30-20A-2; §30-20A-3; §30-20A-4;
§30-20A-5; §30-20A-6; §30-20A-7; §30-20A-8; §30-20A-9; §30-20A-10; §30-20A-11;
§30-20A-12; §30-20A-13; §30-20A-14; §30-20A-15; and §30-20A-16, all to read as
follows:
ARTICLE 20A. ATHLETIC TRAINERS.
§30-20A-1. Unlawful
acts.
(a) It is
unlawful for any person to practice or offer to practice athletic training in
this state without a license or permit issued under the provisions of this
article, or advertise or use any title or description tending to convey the
impression that they are an athletic trainer unless the person has been duly
licensed or permitted under the provisions of this article, and the license or
permit has not expired, been suspended or revoked.
(b) A business entity may
not render any service or engage in any activity which, if rendered or engaged
in by an individual, would constitute the practice of athletic training, except
through a licensee or permittee.
(c) A person may not
advertise or represent himself or herself as an "athletic trainer,"
"licensed athletic trainer," "certified athletic trainer,"
"athletic trainer certified," ".T.," "L.A.T.,"
"C.A.T.," and/or "ATC" or any words, abbreviations, titles
or insignia that indicates, implies or represents that he or she is an athletic
trainer, unless he or she is licensed by the board.
§30-20A-2. Applicable law.
The practices
licensed under the provisions of this article and the Board of Physical Therapy
are subject to article one of this chapter, the provisions of this article, and
any rules promulgated hereunder.
§30-20A-3. Definitions.
As used in this
article:
"Applicant" means
any person making application for an original or renewal license to act as an
athletic trainer under the provisions of this article.
"Athletic injury or
condition" means any injury or condition sustained by an individual that
occurs during, or as a result of, the individual’s participation in organized
or recreational activity or events that require physical strength, agility,
flexibility, speed, stamina, or range of motion.
"Athletic
trainer" is an individual engaged in the practice of athletic training who
holds a license under the provisions of this article.
"Athletic
training" and "the practice of athletic training" means the care
and services provided by a licensed athletic trainer as described under the
provisions of this article.
"Board" means the
West Virginia Board of Physical Therapy established under article twenty of
this chapter.
"BOC"
means National Athletic Trainers’ Association Board of Certification.
"CAATE" means the
Commission on Accreditation of Athletic Training Education.
"Direct
supervision" means the licensed health care professional must be
physically present and be able to intervene on behalf of the athletic training
student and patient.
"General
supervision" means referral by prescription to treat conditions for
an athletic injury or condition from a licensed doctor of medicine, doctor of
osteopathy, except that the physical presence of the supervising physician or
podiatrist is not required if the supervising doctor of medicine, doctor of
osteopathy or podiatrist is readily available for consultation by direct
communication, radio, telephone, facsimile, telecommunication or other
electronic means.
"License"
means an athletic trainer license or license to act as an athletic trainer
issued by the board under the provisions of this article.
"Licensed health care
professional" means an individual who holds a current license to practice
the discipline in the state and whose discipline provides direct patient care
in a field that has direct relevancy to the practice and discipline of athletic
training.
"Licensee" means
a person licensed as an athletic trainer under the provisions of this article.
“Permittee” means any
person holding a temporary permit issued pursuant to the provision of this
article.
“Permit” or “temporary
permit” means a temporary permit issued under the provisions of this article.
"The practice of
athletic training" does not include the practice of physical therapy, the
practice of occupational therapy, the practice of medicine, the practice of
osteopathic medicine and surgery, the practice of chiropractic, or
reconditioning of systemic, neurological or other conditions or diseases that
are not within the professional preparation and education of a licensed
athletic trainer.
§30-20A-4. License to
practice athletic training.
(a) To be
eligible for a license to engage in the practice of athletic training, the
applicant must:
(1) Be at least eighteen
years of age;
(2) Submit an application
in the form prescribed by the board;
(3) Submit a current
certification, and be in good standing, with the National Athletic Trainers'
Association Board of Certification (BOC) prior to July 1, 2015;
(4) If subsequent to July
1, 2015, submit a current certification, and be in good standing, with the BOC
and be a graduate of an accredited institution as approved by the Commission on
Accreditation of Athletic Training Education (CAATE) or successor organization;
(5) Pay the required fee;
(6) Not be an alcohol or
drug abuser, as these terms are defined in section eleven, article one-a,
chapter twenty-seven of this code: Provided, That an
applicant in an active recovery process, which may, in the discretion of the
board, be evidenced by participation in a twelve-step program or other similar
group or process, may be considered;
(7) Not have been convicted
of a felony in any jurisdiction within ten years preceding the date of
application for license which conviction remains unreversed;
(8) Not have been convicted
of a misdemeanor or felony in any jurisdiction if the offense for which he or
she was convicted related to the practice of athletic training, which
conviction remains unreversed; and
(9) Has fulfilled any other
requirement specified by the board.
(b) An athletic trainer
shall use the letters "LAT" immediately following his or her name and
“ATC” credential to designate licensure under this article.
§30-20A-5. Scope of
practice of an athletic trainer.
(a) The
practice of athletic training is defined as the application of principles,
methods and procedures for managing athletic injuries or conditions, which
shall include the prevention, emergency care, clinical examination and
assessment, therapeutic intervention reconditioning and treatment of athletic
injuries or conditions through the use of appropriate
preventative and supportive devices and within the professional preparation and
education of a licensed athletic trainer.
Athletic training includes recognizing illness and referring to the
appropriate medical professional and implementation of treatment pursuant to
physician`s orders. Athletic training also includes instruction to coaches,
athletes, parents, medical personnel and communities in the area of care and
prevention of athletic injuries or conditions.
(b) The scope of work
described herein shall not be construed as authorizing the reconditioning of
systemic, neurological injuries, conditions or disease that are not within the
professional preparation and education of a licensed athletic trainer.
§30-20A-6. License to practice athletic training from
another jurisdiction.
(a) The board
may issue a license to practice athletic training to an applicant who holds a
valid license or other authorization to practice athletic training from another
state, if the applicant:
(1) Holds a license or
other authorization to practice athletic training in another state which was
granted after completion of educational requirements substantially equivalent
to those required in this state;
(2) Does not have charges
pending against his or her license or other authorization to practice, and has
never had a license or other authorization to practice revoked;
(3) Has paid the applicable
fee;
(4) Is a citizen of the
United States or is eligible for employment in the United States; and
(5) Has fulfilled any other
requirement specified by the board.
(b) The board may issue a
license to practice athletic training to an applicant who has been educated
outside of the United States; however, the applicant must still sit for the BOC
exam through the mutual recognition agreement and possess the ATC credential in
order to practice as a licensed athletic trainer in West Virginia.
§30-20A-7. Temporary
permits.
(a) Upon
completion of the application and payment of the nonrefundable fees, the board
may issue a temporary permit, for a period not to exceed ninety days, to an
applicant to practice as an athletic trainer in this state, if the applicant
has completed the educational requirements set out in this article.
(b) A temporary permit may
be revoked by a majority vote of the board.
(c) An applicant may be
issued only one temporary permit, and upon the expiration of the temporary
permit, may not practice as an athletic trainer until he or she is fully
licensed under the provisions of this article.
§30-20A-8. Renewal requirements.
(a) All persons regulated by this article shall annually or
biannually before January 1, renew his or her license by completing a form
prescribed by the board and submitting any other information required by the
board.
(b) The board shall charge
a fee for each renewal of a license and shall charge a late fee for any renewal
not paid by the due date.
(c) The board shall require
as a condition of renewal that each licensee complete continuing education
pursuant to BOC requirements.
(d) A licensee may apply to
renew his or her license by submitting an application for renewal in the form
prescribed by the board and paying the renewal fee. The renewal
application must be signed by the applicant.
(e) The board may deny an
application for renewal for any reason which would justify the denial of an
original application for a license.
(f) A renewal of license
issued by the board is valid for two years from the date it is issued.
§30-20A-9. Delinquent and
expired license requirements.
(a) If a
license is not renewed when due, then the board shall automatically place the
licensee on delinquent status.
(b) The fee for a person on
delinquent status shall increase at a rate, determined by the board, for each
month or fraction thereof that the renewal fee is not paid, up to a maximum of
thirty-six months.
(c) Within thirty-six
months of being placed on delinquent status, if a licensee wants to return to
active practice, he or she must complete all the continuing education
requirements and pay all the applicable fees as set by rule.
(d) After thirty-six months
of being placed on delinquent status, a license is automatically placed on
expired status and cannot be renewed. A person whose license has expired
must reapply for a new license.
§30-20A-10. Inactive
license requirements.
(a) A licensee
who does not want to continue an active practice shall notify the board in
writing and be granted inactive status.
(b) A person
granted inactive status is not subject to the payment of any fee and may not
practice athletic training in this state.
(c) When the person wants
to return to the practice of athletic training the person shall submit an
application for renewal along with all applicable fees as set by rule.
§30-20A-11.
Exemptions from licensure.
(a) The
following persons are exempt from licensing requirements under the provisions
of this article:
(1) A person who practices
athletic training pursuant to a course of study at an institution of higher
learning and enrolled in a CAATE accredited athletic training program
including, but not limited to, activities conducted at the institution of
higher learning and activities conducted outside the institution if under the
supervision of a licensed health care professional.
(2) A secondary school
student under the supervision of a licensed athletic trainer.
(3) An athletic trainer who
is licensed in another jurisdiction of the United States or credentialed to
practice athletic training in another country if that person is teaching,
demonstrating or providing athletic training services in connection with
teaching or participating in an educational seminar of no more than sixty
calendar days in a calendar year;
(4) An athletic trainer who
is licensed in another state if that person is consulting;
(5) An athletic trainer who
is licensed in another jurisdiction, if that person by contract or employment
is providing athletic training to individuals affiliated with or employed by
established athletic teams, athletic organizations or performing arts companies
temporarily practicing, competing or performing in the state for no more than
sixty calendar days in a calendar year;
(6) An
athletic trainer who is licensed in another jurisdiction who enters this state
to provide athletic training during a declared local, state or national
disaster or emergency. This exemption applies for no longer than sixty
calendar days in a calendar year following the declaration of the
emergency. The athletic trainer shall notify the board of his or her
intent to practice;
(7) An
athletic trainer licensed in another jurisdiction who is forced to leave his or
her residence or place of employment due to a declared local, state or national
disaster or emergency and due to the displacement seeks to practice as an
athletic trainer. This exemption applies for no longer than sixty
calendar days in a calendar year following the declaration of the
emergency. The athletic trainer shall notify the board of their intent to
practice; and
(8) Nothing contained in
this article prohibits a person from practicing within his or her scope of
practice as authorized by law.
§30-20A-12. Display of license.
(a) The board
shall prescribe the form for a license and permit, and may issue a duplicate
license or permit upon payment of a fee.
(b) Any person regulated by
the article shall conspicuously display his or her license or permit at his or
her principal business location.
§30-20A-13. Complaints; investigations; due process
procedure; grounds for disciplinary action.
(a) The board
may upon its own motion based on credible information, and shall upon the
written complaint of any person, cause an investigation to be made to determine
whether grounds exist for disciplinary action under this article or the
legislative rules promulgated pursuant to this article.
(b) Upon initiation or
receipt of the complaint, the board shall provide a copy of the complaint to
the licensee or permittee.
(c) After reviewing any
information obtained through an investigation, the board shall determine if
probable cause exists that the licensee or permittee has violated subsection
(g) of this section or rules promulgated pursuant to this article.
(d) Upon a
finding that probable cause exists that the licensee or permittee has violated
subsection (g) of this section or rules promulgated pursuant to this article,
the board may enter into a consent decree or hold a hearing for the suspension
or revocation of the license or permit or the imposition of sanctions against
the licensee or permittee. Any hearing shall be held in accordance with the
provisions of this article.
(e) Any member of the board
or the executive secretary of the board may issue subpoenas and subpoenas duces
tecum to obtain testimony and documents to aid in the investigation of
allegations against any person regulated by the article.
(f) Any member of the board
or its executive secretary may sign a consent decree or other legal document on
behalf of the board.
(g) The board may, after
notice and opportunity for hearing, deny or refuse to renew, suspend, restrict
or revoke the license or permit of, or impose probationary conditions upon or
take disciplinary action against, any licensee or permittee for any of the
following reasons once a violation has been proven by a preponderance of the
evidence:
(1) Obtaining a license or
permit by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a
felony or other crime involving moral turpitude;
(3) Being guilty of
unprofessional conduct which placed the public at risk, as defined by
legislative rule of the board;
(4) Intentional violation
of a lawful order or legislative rule of the board;
(5) Having had a license or
other authorization revoked or suspended, other disciplinary action taken, or
an application for licensure or other authorization revoked or suspended by the
proper authorities of another jurisdiction;
(6) Aiding or abetting
unlicensed practice; or
(7) Engaging in an act
while acting in a professional capacity which has endangered or is likely to
endanger the health, welfare or safety of the public.
(h) For the purposes of
subsection (g) of this section, effective July 1, 2017, disciplinary action may
include:
(1) Reprimand;
(2) Probation;
(3) Restrictions;
(4) Administrative fine,
not to exceed $1,000 per day per violation;
(5) Mandatory attendance at
continuing education seminars or other training;
(6) Practicing under
supervision or other restriction; or
(7) Requiring the licensee
or permittee to report to the board for periodic interviews for a specified
period of time.
(i) In addition to any
other sanction imposed, the board may require a licensee or permittee to pay
the costs of the proceeding.
§30-20A-14. Procedures for hearing; right of appeal.
(a) Hearings
are governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct
the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is
conducted by an administrative law judge, at the conclusion of a hearing he or
she shall prepare a proposed written order containing findings of fact and
conclusions of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or modify
the decision of the administrative law judge.
(d) Any member or the
executive secretary of the board has the authority to administer oaths, examine
any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing,
the board determines the licensee or permittee has violated provisions of this
article or the board's rules, a formal written decision shall be prepared which
contains findings of fact, conclusions of law and a specific description of the
disciplinary actions imposed.
§30-20A-15. Judicial review.
Any licensee or permittee adversely affected by a decision of
the board entered after a hearing may obtain judicial review of the decision in
accordance with section four, article five, chapter twenty-nine-a of this code,
and may appeal any ruling resulting from judicial review in accordance with
article six, chapter twenty-nine-a of this code.
§30-20A-16. Criminal proceedings; penalties.
(a) When, as a
result of an investigation under this article or otherwise, the board has
reason to believe that a licensee or permittee has committed a criminal offense
under this article, the board may bring its information to the attention of an
appropriate law-enforcement official.
(b) A person violating
section one of this article is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $100 nor more than $5,000 or confined in
jail not more than six months, or both fined and confined.
NOTE: The purpose of this bill is to license the practice of
athletic training; and provide criminal penalties.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
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