HB3152 H GO AM 2-16
C. Roskovensky 3338

The Committee on Government Organization moves to amend the bill on page one, line fifteen, by striking out everything after the enacting clause and inserting in lieu thereof the following:
" That §30-20A-1 and §30-20A-2 of the Code of West Virginia, 1931, as amended be amended and reenacted; all to read as follows:
ARTICLE 20A. ATHLETIC TRAINERS.
§30-20A-1. Use of descriptive title restricted.
(a) A person 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 "registered 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 registered by the board.
(b) Nothing contained in this article shall be construed as preventing any person, firm, partnership or corporation from practicing athletic training, in any manner desired.
§30-20A-2. Requirements for Registration as an Athletic Trainer.
(a) To be registered by the Board of Physical Therapy as an Athletic Trainer an applicant shall:
(1) Submit a current certification from the National Athletic Trainers' Association Board of Certification or successor organization;
(2) Pay the required fee, as set by legislative rule;
(3) Not be guilty of fraud in practice of athletic training, or fraud or deceit in the individual's application for registration;
(4) Not be engaged in practice under false or assumed name, or impersonating another practitioner of a like or different name;
(5) 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;
(6) Not be guilty of fraudulent, false, misleading or deceptive advertising or for prescribing medicines or drugs, or practicing any licensed profession without legal authority;
(7) Not be grossly negligent in the practice of athletic training;
(8) Not be 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;
(9) Not be 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
(10) Convicted of sexual abuse or sexual misconduct.
(b) The board may deny an application for registration if any of the statements set forth in subdivisions (1) through (10) of subsection (a) of this section are answered in the positive. In making the determination to deny an application for registration, 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 registration by submitting an application for renewal in a form prescribed by the board. The application for renewal must be signed by the applicant and must contain current information on all matters required in an original registration.
(d) A registration or a renewal of a registration is valid for two years."