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Introduced Version Senate Bill 551 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 551

(By Senators Green and Bowman)

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[Introduced March 11, 2009; referred to the Committee on Government Organization.]

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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 and §5-30-5, all relating to establishment of the Athletic Trainers Registration Act; providing for registration of athletic trainers with the Secretary of State; defining "athletic training" and "athletic trainer"; establishing the Secretary of State as agent for service of process purposes; authorizing the Secretary of State to issue subpoenas and subpoenas ducem tecum; prohibiting the advertisement or representation as an athletic trainer unless registered; providing registration and renewal requirements; providing for denial, revocation, suspension or refusal to renew registration or renewal; and allowing the Secretary of State to establish registration and renewal fees

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 and §5-30-5, all to read as follows:
ARTICLE 30. ATHLETIC TRAINERS.
§5-30-1. Short title.

This article may be cited as the Athletic Trainers Registration Act.
§5-30-2. Definitions.
In this article:
(a) "Athletic training" means the practice of prevention, assessment, management rehabilitation, and reconditioning of emergency, acute, and chronic medical conditions involving impairment, functional limitations and disabilities.
(b) "Athletic trainer" means a person who is certified by the National Athletic Trainers' Association Board of Certification to practice athletic training and who has registered his or her certification with the office of the Secretary of State.
§5-30-3. Service of process; subpoenas.
(a) By acting as an athletic trainer in this state, a nonresident individual appoints the Secretary of State 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 Secretary of State may issue subpoenas or subpoenas duces tecum for any material that is relevant to the administration of this article.
§5-30-4. Athletic trainers; registration required.
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 "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 certified by the National Athletic Trainers' Association Board of Certification to practice athletic training and has registered his or her certification with the office of the Secretary of State.
§5-30-5. Registration and renewal requirements; denial, revocation and suspension; fees.

(a) An applicant for registration shall submit a current certification from the National Athletic Trainers' Association Board of Certification to practice athletic training in a form prescribed by the Secretary of State. 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 in the individual's application for registration;
(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 Secretary of State may deny an application for registration 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 registration, the Secretary of State 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 Secretary of State. 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 registration.
(d) A registration or a renewal of a registration is valid for two years.
(e) The Secretary of State may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of the original registration under this section, only after proper notice and an opportunity for a hearing in accordance with the provisions of article five, chapter twenty-nine-a of this code.
(f) The Secretary of State may establish registration and renewal fees in an amount sufficient to defray the administrative costs of registration.


NOTE: The purpose of this bill is to establish a registration process for certified athletic trainers.

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