COMMITTEE SUBSTITUTE
FOR
H. B. 3152
(By Delegates Caputo, Ashley, White,
Kominar and Campbell)
(Originating in the Committee on the Judiciary)
[February 26, 2010]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-20A-1 and
§30-20A-2, all relating to athletic trainers; restricting the
use of certain titles; providing for registration of athletic
trainers; and establishing registration criteria.
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 §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) Not be 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.
(e) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to implement the provisions of this article.
(f) Nothing in this article may be construed to prohibit or
otherwise limit the use of the term "athletic trainer" in secondary
school settings by persons who were practicing athletic training
under a West Virginia Board of Education Athletic Certification,
provided the practice is in accordance with Board of Education
policy then in effect.