H. B. 3152
(By Delegates Caputo, Ashley, White,
Kominar and Campbell)
[Introduced March 16, 2009; referred to the
Committee on Government Organization then the Judiciary.]
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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.