sb591 intr

Senate Bill No. 591
(By Senators Oliverio, Unger, McKenzie and Sprouse)
)
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[Introduced February 17, 2003; referred to the Committee on Government Organization

.]
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A BILL to amend chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article forty-one, relating to establishment of the athletic training licensure act of two thousand three; providing for licensure 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 settings.

Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article forty-one, 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 four, it shall be 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.
§30-41-2. Definitions.

(a) "Board" means the West Virginia athletic training licensure board.

(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 injuries.

(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 three. 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 the board.

(c) The governor may remove any members of the board in case of incompetence, neglect of duty, gross immorality or malfeasance in office.

(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.

(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 fees.

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 regarding:

(a) Licensure and continuing education requirements, standards of practice, professional disciplinary actions, and other issues of concern;

(b) Continuing education programs;

(d) The inclusion or exclusion of particular services
within the authorized scope of practice and the nature of medical supervision therefor.
§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 board;

(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 board;

(7) Show to the satisfaction of the board that the applicant
has received at least 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 (NOTEBOOK) 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 four.

(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.
§30-41-8. Enforcement.
(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 such 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 training experience;

(7) Practicing athletic training with a license from another state or jurisdiction that has been canceled, revoked, suspended or otherwise restricted;

(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 non-renewal 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 four, 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 athletic trainer.

(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 the county or regional jail not more than one year, or both fined and imprisoned.
§30-41-11. Exemptions.
Nothing in this article may be construed to prohibit or otherwise limit:

(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 four, provided such practice is in accordance with board of education policy then in effect.

NOTE: The purpose of this bill is to protect the public by defining athletic trainers, establishing a licensing board, providing the requirements for licensure, outlining the duties and powers of the board and fixing prohibitions and penalties.

This article is new; therefore, strike-throughs and underscoring have been omitted.