H. B. 3283
(By Delegate Swartzmiller)
[Introduced March 23, 2009; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5-30-1, §5-30-2,
§5-30-3, §5-30-4, §5-30-5, §5-30-6, §5-30-7 and §5-30-8, all
relating to licensure of athletic trainers.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5-30-1, §5-30-2,
§5-30-3, §5-30-4, §5-30-5, §5-30-6, §5-30-7 and §5-30-8, all to
read as follows:
ARTICLE 29. ATHLETIC TRAINERS.
§5-30-1. Short title.
This article may be cited as the "Athletic Trainers Licensure
Act."
§5-30-2. Definitions.
(a) "Athletic training" means the treatment of an individual for risk management and injury prevention, the clinical evaluation
and assessment of an individual for an injury or illness, the
immediate care and treatment of an individual for an injury or
illness and the rehabilitation and reconditioning of an
individual's injury or illness. The practice of athletic training
does not include the practice of physical therapy, the practice of
medicine, the practice of osteopathic medicine and surgery and the
practice of chiropractic.
(b) "Athletic trainer" means an individual who is licensed
under this chapter and practices athletic training.
§5-30-3. Athletic training committee; duties and responsibilities.
(a) There is hereby created the Athletic Trainers Committee
of the West Virginia Board of Chiropractic Examiners, consisting of
one athletic trainer certified by the Board of Certification, Inc.,
one D.C./A.T. and one D.C. who also serves on the Board of
Chiropractic Examiners.
(b) The committee shall advise the board on matters pertaining
to athletic training, including, but not limited to, the
promulgation of rules, issuance of licenses and complaints
concerning unlawful or unprofessional conduct of a licensed
athletic trainer and investigation of such complaints.
(c) Members of the board shall be appointed by the Board of
Chiropractic Examiners.
§5-30-4. Service of process; subpoenas.
(a) By acting as an athletic trainer in this state, a
nonresident individual appoints the board as the individual's agent
for service of process in any civil action in this state related to
the individual's acting as an athletic trainer in this state.
(b) The Board of Chiropractic may issue subpoenas or subpoenas
duces tecum for any material that is relevant to the administration
of this article.
§5-30-5. Athletic trainer licensure requirements.
An individual may not advertise or represent himself or
herself as an athletic trainer in this state and may not use the
initials "AT," or the words "licensed athletic trainer", "athletic
trainer" or any other words, abbreviations, titles or insignia
which indicate, imply or represent that the person is an athletic
trainer, unless he or she is licensed by the Board of Chiropractic,
except as provided in section eight of this article.
§5-30-6. Qualifications for licensure.
The board shall issue a license to practice as an athletic
trainer to an applicant that has:
(a) Obtained a bachelor's or advanced degree from an
accredited four-year college or university and who meets the
minimum athletic training curriculum requirement established by the
board;
(b) Successfully completed the certification examination
administered by the Board of Certification, Inc. or equivalent examination approved or recognized by the board; or
(c) Is in good standing with and provides documentation of
current certification by the Board of Certification, Inc., or a
nationally recognized credentialing agency approved by the board.
§5-30-7. Licensure and renewal requirements; denial, revocation
and suspension.
(a) An applicant for licensure shall submit to the board, on
a form it prescribes, a current certification from the National
Athletic Trainers' Association Board of Certification, Inc. An
application filed under this section is a public record. The
application must be in the name of an individual and signed by the
applicant and state that the applicant has not been:
(1) Guilty of fraud in practice of athletic training, or fraud
or deceit;
(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;
(5) Grossly negligent in the practice of athletic training;
(6) Practicing athletic training with a license or other authorization to practice from another state or jurisdiction that
has been canceled, revoked, suspended or otherwise restricted;
(7) Incapacitated by a physical or mental disability which is
determined by a physician to render further practice by the
applicant inconsistent with competency and ethic requirements; or
(8) Convicted of sexual abuse or sexual misconduct.
(b) The board may deny an application for licensure if any of
the statements set forth in subdivisions (1) through (8) of
subsection (a) of this section are answered in the positive. In
making the determination to deny an application for licensure, the
board may consider:
(1) How recently the conduct occurred;
(2) The nature of the conduct and the context in which it
occurred; and
(3) Any other relevant conduct of the applicant.
(c) An athletic trainer may apply to renew a license by
submitting an application for renewal in a form prescribed by the
board. An application for renewal filed under this section is a
public record. The application for renewal must be signed by the
applicant and must contain current information on all matters
required in an original licensure.
(d) The applicant must pay the required licensing or renewal
fee as determined by the board under section five of this article.
(e) A license or a renewal of a license is valid for two years.
(f) The board may suspend, revoke or refuse to renew a license
for conduct that would have justified denial of the original
license under this section, only after proper notice and an
opportunity for a hearing.
§5-30-8. Exemptions.
The following are not required to obtain a license under this
chapter:
(a) Any person licensed in this state as a health care
professional;
(b) Any person employed as an athletic trainer by the
government of the United States or any agency thereof, if such
person provides athletic training services solely under the
direction or control of the government agency by which such person
is employed;
(c) Any person pursuing a supervised course of study in an
accredited or approved educational program leading to a degree,
licensure or registration as an athletic trainer;
(d) Any person certified by the West Virginia Board of
Education as an athletic trainer, as long as that person provides
athletic training services only in the public school for which the
person is registered;
(e) Any person assisting in an emergency or in providing aid
or service for which no fee or compensation is contemplated, claimed or received, providing that the person does not hold
himself or herself out as an athletic trainer;
(f) Any person who is consulting or in training, if services
are performed for no more than sixty days in a calendar year and
those services are performed in association with an athletic
trainer licensed under this chapter, as long as the person is
licensed, registered or certified as an athletic trainer in another
state; or
(g) Any person licensed as an athletic trainer in another
state who accompanies his or her team, athlete or representatives
to West Virginia for limited competition.
NOTE: The purpose of this bill is to add licensure of the
allied health care profession of athletic training under the
jurisdiction of the Board of Chiropractic Examiners.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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