1 SB73
2 208883-2
3 By Senator Waggoner
4 RFD: Governmental Affairs
5 First Read: 02-FEB-21
6 PFD: 01/26/2021
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1 SB73
2
3
4 ENROLLED, An Act,
5 Relating to the Alabama Board of Athletic Trainers;
6 to amend Sections 34-40-2, 34-40-3, 34-40-5, 34-40-6, 34-40-9,
7 34-40-10, 34-40-15, and 34-40-16, Code of Alabama 1975, to
8 further provide for the licensing and regulation of athletic
9 trainers; and to add Section 34-40-3.2 to the Code of Alabama
10 1975, to establish and provide for the membership and duties
11 of the Advisory Council of the State Board of Medical
12 Examiners and the Alabama Board of Athletic Trainers.
13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
14 Section 1. Sections 34-40-2, 34-40-3, 34-40-5,
15 34-40-6, 34-40-9, 34-40-10, 34-40-15, and 34-40-16 of the Code
16 of Alabama 1975, are amended to read as follows:
17 "34-40-2.
18 "As used in this chapter, the following words and
19 phrases terms shall have the following meanings, respectively,
20 unless the context clearly indicates otherwise:
21 "(1) APPRENTICE ATHLETIC TRAINER. A person who
22 assists in the duties usually performed by an athletic trainer
23 and who works under the direct supervision of a licensed
24 athletic trainer.
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1 "(2) ATHLETE. A person who participates in an
2 athletic activity being conducted by an educational
3 institution, professional athletic organization, or a board
4 sanctioned amateur athletic organization.
5 "(1) ADVISORY COUNCIL. The Advisory Council of the
6 State Board of Medical Examiners and the Alabama Board of
7 Athletic Trainers created pursuant to Section 34-40-3.2.
8 "(3)(2) ATHLETIC INJURY. An injury or condition
9 sustained received by an athlete as a result of, or limiting
10 the preparation for or participation of the athlete in, an
11 athletic activity exercise, sport, game, recreational
12 activity, or any other activity that requires a level of
13 strength, endurance, flexibility, or agility that is
14 comparable to the level of strength, endurance, flexibility,
15 or agility required for an exercise, sport, game, or
16 recreational activity; or any injury that a physician deems
17 would benefit from athletic training services.
18 "(4)(3) ATHLETIC TRAINER. A person An individual
19 licensed by the Alabama Board of Athletic Trainers as an
20 athletic trainer and who practices athletic training on an
21 athlete and under the direction or referral, or both, of a
22 licensed physician after meeting the requirements of this
23 chapter and rules and regulations promulgated adopted pursuant
24 to this chapter.
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1 "(5)(4) ATHLETIC TRAINING PRACTICE. Practice by an
2 athletic trainer of any of the following:
3 "a. Under physician direction or referral, or both,
4 the prevention of athletic injuries The application of care
5 for an athletic injury, including the application or provision
6 of (i) principles, methods, and procedures of recognition,
7 examination, assessment, clinical evaluation, prevention,
8 management, emergency care, disposition, or rehabilitation and
9 reconditioning of athletic injuries, (ii) appropriate
10 preventive and supportive devices, (iii) treatment using
11 physical modalities such as heat, cold, light, mechanical
12 devices, electric stimulation, manual therapy techniques,
13 aquatic therapy, sound, or therapeutic exercise, and (iv) any
14 other physical agent that is included within the written
15 protocols allowed by the State Board of Medical Examiners and
16 prescribed by a physician.
17 "b. The organization and administration of athletic
18 training programs, including health care administration and
19 professional responsibility.
20 "c. Athletic counseling The provision of athletic
21 training, education, and guidance and the education of
22 athletes regarding athletics and athletic training to
23 physically active individuals, coaches, medical personnel, and
24 the community in the prevention and care of athletic injuries.
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1 "d. Under physician direction and referral, the
2 rehabilitation and reconditioning of an athlete The
3 recognition of potential illnesses and referrals to a
4 physician for diagnosis and treatment.
5 "e. Under physician supervision, the evaluation, the
6 recognition, and management of athletic injuries The provision
7 of injury prevention services developed for physically active
8 individuals.
9 "(6)(5) BOARD. The Alabama Board of Athletic
10 Trainers.
11 "(6) INJURY PREVENTION. Care and guidance related to
12 risk management, including biomechanics, conditioning,
13 flexibility, energy requirements, strength training, and
14 fitness.
15 "(7) PHYSICAL THERAPIST. A physical therapist
16 licensed by the Alabama State Board of Physical Therapy.
17 "(8) PHYSICIAN. A physician licensed by the Medical
18 Licensure Commission of Alabama.
19 "(9) PHYSICIAN SUPERVISION. a. An A licensed
20 athletic trainer acting under the supervision of a physician
21 if:
22 "a.1. The activities are undertaken pursuant to a
23 verbal or written order of the physician who has evaluated the
24 injured athlete physically active individual; and or
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1 "b.2. The activity is undertaken in accordance with
2 a written protocol signed by the physician which that
3 describes the athletic injury encountered and directs
4 appropriate medical interventions consistent with the
5 qualification, training, and experience of the licensed
6 athletic trainer. The State Board of Medical Examiners shall
7 establish minimum medical criteria for any protocol used by
8 athletic trainers and shall specify those conditions and
9 circumstances which that require referral to the physician for
10 further evaluation.
11 "b. Physician supervision establishes a formal
12 relationship between an athletic trainer and a physician under
13 which the athletic trainer is authorized to practice as
14 evidenced by a written protocol approved by the State Board of
15 Medical Examiners and requires professional oversight and
16 direction pursuant to the rules of the State Board of Medical
17 Examiners and the Alabama Board of Athletic Trainers as
18 recommended by the advisory council. No rule adopted pursuant
19 to this paragraph shall be effective without the approval of
20 both the State Board of Medical Examiners and the board.
21 "34-40-3.
22 "(a) The Alabama Board of Athletic Trainers shall be
23 composed of nine members who shall serve four-year terms.
24 Members may not serve more than three consecutive four-year
25 terms. Three members shall be Black a member of a minority
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1 class, one of whom shall be a physician member. The
2 composition of the board shall be as follows:
3 "(1) Six members who are athletic trainers,
4 appointed by the Alabama Athletic Trainers Trainers'
5 Association in accordance with subsection (b), one of whom
6 shall also be an athletic trainer who is a licensed a physical
7 therapist.
8 "(2) Three physicians licensed to practice medicine
9 actively engaged in the treatment of athletes and athletic
10 injuries or illnesses, appointed by the Medical Association of
11 the State of Alabama.
12 "(3) The President of the Alabama Athletic Trainers
13 Trainers' Association who shall serve as an ex officio member
14 of the board and whose term of office shall be yearly to
15 coincide with his or her term as President of the Alabama
16 Athletic Trainers Trainers' Association.
17 "(b) The six athletic trainers shall be appointed by
18 the The Alabama Athletic Trainers Trainers' Association. The
19 association shall conduct an annual meeting at which all
20 athletic trainers holding a current license as identified
21 under this chapter shall have the right to attend, nominate,
22 and vote for the athletic trainer members of the board. The
23 association shall regulate and prescribe the date, hour, and
24 place of the meeting, the method of nomination, and the manner
25 of voting. At least 30 days prior to the meeting, the board
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1 shall mail send notices to each current licensee at the
2 address shown on the current registration notifying of the
3 exact date, hour, and place of the meeting, the purpose of the
4 meeting, and of the right to attend and vote. To qualify as a
5 board member pursuant to this subsection, a person shall be a
6 citizen of the United States and a resident of this state and
7 have acted as an athletic trainer for three years within this
8 state immediately preceding appointment.
9 "(c) In making the initial appointments, the Alabama
10 Athletic Trainers Trainers' Association shall appoint one
11 athletic trainer whose term will expire in 1994, two athletic
12 trainers whose terms will expire in 1995, and one athletic
13 trainer whose term will expire in 1996, and two athletic
14 trainers whose terms will expire in 1997. The Medical
15 Association of the State of Alabama shall appoint one
16 physician whose term will expire in 1994, one physician whose
17 term will expire in 1995, and one physician whose term will
18 expire in 1996. All appointments expire on December 31 of the
19 year specified.
20 "(d) Each appointee to the board shall qualify by
21 taking an oath of office within 15 days from the date of the
22 appointment. In the event of death, resignation, or removal of
23 any member, except for physician members, the vacancy of the
24 unexpired term shall be filled by the board.
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1 "(e) The board shall elect a chair, a vice-chair,
2 and secretary from its members for a term of one year and may
3 appoint any committees and formulate any rules it considers
4 necessary to carry out its duties pursuant to this chapter.
5 The board shall meet at least twice each year. Additional
6 meetings may be held on the call of the chair or at the
7 written request of any two members of the board. The secretary
8 shall keep a record of the proceedings of the board. The board
9 may promulgate and adopt rules and regulations consistent with
10 this chapter which are necessary for the performance of its
11 duties. The board may employ an executive secretary and any
12 officers and employees as may be necessary to carry out the
13 duties of the board. The State Board of Medical Examiners and
14 the Alabama Board of Athletic Trainers shall jointly approve
15 any rule, regulation, or policy that interprets, explains, or
16 enumerates the permissible acts, functions, or services
17 rendered by an athletic trainer or apprentice athletic trainer
18 as those acts, functions, and services are defined in Section
19 34-40-2. Any rule, regulation, or policy adopted in violation
20 of this requirement is invalid. The board shall prescribe
21 methods and forms for license applications, license
22 certificate, license renewal, verification of license,
23 continuing education verification, and any forms for
24 information required from licensees to carry out the duties of
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1 the board. The board shall adopt an official seal and a
2 license certificate of suitable design.
3 "(f) Members of the board shall receive fifty
4 dollars ($50) one hundred dollars ($100) for every day
5 actually spent in the performance of their duties and in
6 addition thereto shall be reimbursed according to the state
7 travel policy for other expenses in the same amounts and under
8 the same conditions as state employees are reimbursed.
9 "(g) It shall be the duty of the The board to shall
10 pass upon the qualifications of applicants for licensure as an
11 athletic trainer, and to issue licenses and annual renewals to
12 athletic trainers. The board shall be responsible for fixing
13 fix fees for such applications, licenses, renewals,
14 verification of licensure, replacement of licenses, name
15 changes on of licensees, publication fees, or other
16 administration fees deemed necessary to carry out the
17 provisions of this chapter.
18 "34-40-5.
19 "(a) Any person seeking licensure as an athletic
20 trainer shall be a citizen of the United States or, if not a
21 citizen of the United States, a person who is legally present
22 in the United States with appropriate documentation from the
23 federal government, and meet at least one of the following
24 requirements:
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1 "(1) Satisfactory completion of all of the National
2 Athletic Trainers' Association (NATA) Board of Certification,
3 Inc., or its successor organization, qualifications and;
4 certification as an athletic trainer in good standing by the
5 National Athletic Trainers' Association Board of
6 Certification, Inc.; and eligibility for a National Provider
7 Identifier.
8 "(2) Licensure by reciprocity. The board shall
9 grant, without examination, licensure to any qualified
10 athletic trainer holding a license certificate or registration
11 in another state if that state maintains licensure
12 qualifications which that are substantially equivalent to
13 those required in this state, and gives similar reciprocity to
14 licensees of this state.
15 "(b) Any person desiring to be licensed, desiring a
16 renewal of an existing license, desiring verification of
17 licensure, reinstatement of a license, replacement of a
18 license, or name changes for a licensee as an athletic trainer
19 in this state shall make and file with the board, not less
20 than 30 days prior to any regular meeting thereof, a written
21 application on a form or request as prescribed by the board.
22 The application shall be accompanied by the payment of a fee,
23 as set by the board, to include publication fees or other
24 administrative fees deemed necessary to carry out the
25 provisions of this chapter, in accordance with subsection (g)
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1 of Section 34-40-3. Any licensee who fails to renew his or her
2 license within 90 days following expiration of the previous
3 license shall be required to file a new application and pay an
4 application fee with the board.
5 "34-40-6.
6 "An athletic trainer, as a qualified health care
7 professional, functioning under the supervision of a
8 physician, may use therapeutic exercise and modalities for the
9 treatment of athletic injuries for which he or she has
10 received appropriate training or education.
11 "34-40-9.
12 "(a) Nothing in this chapter shall be construed as
13 preventing or restricting any of the following persons from
14 engaging in the profession or occupation for which they are
15 licensed, certified, or registered in Alabama as follows:
16 "(1) Physicians and surgeons licensed by the Medical
17 Licensure Commission of Alabama.
18 "(2) Dentists licensed by the State Board of Dental
19 Examiners.
20 "(3) Optometrists licensed by the State Board of
21 Optometry.
22 "(4) Nurses licensed by the Alabama Board of
23 Nursing.
24 "(5) Chiropractors licensed by the State Board of
25 Chiropractic Examiners.
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1 "(6) Podiatrists licensed by the State Board of
2 Podiatry.
3 "(7) Physical therapists licensed by the State Board
4 of Physical Therapy.
5 "(8) Occupational therapists licensed by the State
6 Board of Occupational Therapy.
7 "(9) Emergency medical technicians licensed by the
8 State Department of Public Health.
9 "(10) Physician assistants licensed by the State
10 Board of Medical Examiners.
11 "(11) Massage therapists licensed by the Alabama
12 Board of Massage Therapy.
13 "(b) This chapter shall not apply to the following
14 persons:
15 "(1) Coaches and physical education instructors in
16 the performance of their duties.
17 "(2) Apprentice athletic trainers who confine
18 themselves to the duties prescribed in this chapter.
19 "(3)(2) Athletic trainers from other nations,
20 states, or territories performing their duties for their
21 respective teams or organizations and only during the course
22 of their team's or organization's stay in this state.
23 "(4)(3) A person who performs any of the services
24 set forth in this chapter as long as the person does n