H. B. 4413
(By Delegates Ashley, Westfall, Morgan, Skaff,
Iaquinta, Stephens, Campbell, Eldridge,
McCuskey and Young)
[Introduced February 5, 2014; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring that athletic trainers be licensed, instead of registered, by West Virginia Board of Physical Therapy.
Be it enacted by the Legislature of West Virginia:
That §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 20A. ATHLETIC TRAINERS.
As used in this article:
(1) “Applicant” means any person making application for an original or renewal registration license to act as an athletic trainer under the provisions of this article.
(2) “Board” means the West Virginia Board of Physical Therapy established under article twenty of this chapter.
(4) “Registration” “License” means a registration license issued by the board to practice athletic training.
(3) “Registrant” “Licensee” means a person registered licensed as an athletic trainer under the provisions of this article.
"Practice of athletic training" means services performed for physically active patients under the direction of a physician and as prescribed by the board, for which the athletic trainer has received appropriate education and training. The practice of athletic training does not include the practice of physical therapy, the practice of medicine, the practice of osteopathic medicine and surgery, the practice of chiropractic or medical diagnosis or treatment.
§30-20A-2. Title protection.
(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”, the words “registered athletic trainer” or “athletic trainer”, or any other words, abbreviations, titles or insignia that indicates, implies or represents that he or she is an athletic trainer, unless he or she is registered licensed by the board.
(b) Nothing contained in This article shall be construed as preventing does not prevent any person, firm, partnership or corporation from practicing athletic training, in any manner desired.
(c) 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 in effect prior to July 1, 2011.
§30-20A-3. Powers and duties of the board.
The board has the following powers and duties:
(1) Establish procedures for submitting, approving and denying applications for registration licensure;
(2) Investigate alleged violations of the provisions of this article;
(3) Establish a fee schedule;
(4) Issue, renew, deny, suspend, revoke or reinstate a registration license;
(5) Determine disciplinary action and issue orders;
(6) Institute appropriate legal action for the enforcement of the provisions of this article; and
(7) Maintain an accurate registry of the names and addresses of registrants licensees.
§30-20A-4. Rule-making authority.
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, including:
(1) Procedures for the issuance and renewal of a registration license;
(2) A fee schedule;
(3) Procedures for denying, suspending, revoking, reinstating or limiting the registration of a registrant licensing of a license; and
(4) Any other rules necessary to effectuate the provisions of this article.
§30-20A-5. Requirements for registration license.
(a) To be eligible for registration licensure by the board as an athletic trainer, an applicant shall:
(1) Submit an application in the form prescribed by the board;
(2) Submit a current certification from the National Athletic Trainers’ Association Board of Certification or successor organization; and
(3) Pay the required fee.
(b) The board shall issue a registration license to an applicant satisfying all the requirements in subsection (a) of this section: Provided, That the board may deny an application for registration license if the applicant:
(1) Has been convicted of a felony or other crime involving moral turpitude;
(2) Is an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That the board may take into consideration 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;
(3) Has been convicted of fraudulent, false, misleading or deceptive advertising;
(4) Has been convicted for wrongfully prescribing medicines or drugs, or practicing any licensed profession without legal authority;
(5) Has had a registration license or other authorization revoked, suspended, restricted or other disciplinary action taken by the proper authorities of another jurisdiction;
(6) Is 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
(7) Has been convicted of sexual abuse or sexual misconduct.
(c) In determining whether an application should be denied for any of the reasons set forth in subsection (b), 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.
(d) A registration license issued by the board is valid for two years from the date it was is issued.
§30-20A-6. Renewal requirements.
(a) A registrant licensee may apply to renew his or her registration license by submitting an application for renewal in the form prescribed by the board and paying the renewal fee. The renewal application must be signed by the applicant.
(b) A renewal of registration license issued by the board is valid for two years from the date it was is issued.
(c) The board may deny an application for renewal for any reason which would justify the denial of an original application for a registration license.
§30-20A-7. Due process procedures; grounds for disciplinary action.
(a) The board may, after notice and opportunity for hearing, suspend, restrict or revoke a registration license of, impose probationary conditions upon or take disciplinary action against, any registrant licensee if the board determines the registrant licensee:
(1) Is grossly negligent in the practice of athletic training;
(2) Obtained a registration license by fraud, misrepresentation or concealment of material facts; engaged in the practice of athletic training under a false or assumed name; or impersonated another registrant licensee of a like or different name; or
(3) Has violated any of the provisions of subsection (b), section five of this article.
(b) For purposes of subsection (a) of this section, disciplinary action may include:
(3) Administrative fines;
(4) Practicing under supervision or other restriction;
(5) Requiring the registrant licensee to report to the board for periodic interviews for a specified period of time; or
(6) Other corrective action as determined by the board.
NOTE: The purpose of this bill is to require that athletic trainers be licensed by the West Virginia Board of Physical Therapy instead of registered.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.