SB 533 Text

Senate Bill No. 533
(By Senators Bailey and McKenzie)
____________
[Introduced February 9, 2007; referred to the Committee on Government Organization; and then to the Committee on Finance.]
____________

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-41-7, §30-41-8 and §30-41-9, all relating to licensing athletic trainers; scope of license; definitions; creating the West Virginia Athletic Training Board; license requirements; license renewals; continuing education; fees; and granting rule-making authority.

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 §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-41-7, §30-41-8 and §30-41-9, all to read as follows:
ARTICLE 41. ATHLETIC TRAINERS.
§30-41-1. Terms and phrases.
(1) Except as provided in subsection (2), the following words, titles, or letters or a combination thereof, with or without qualifying words or phrases, are restricted in use only to those persons authorized under this article to use the terms and in a way prescribed in this article:
(a) "Chiropractic", "doctor of chiropractic", "chiropractor", "d.c.", and "chiropractic physician".
(b) "Dentist", "doctor of dental surgery", "oral and maxillofacial surgeon", "orthodontist", "prosthodontist", "periodontist", "endodontist", "oral pathologist", "pediatric dentist", "dental hygienist", "registered dental hygienist", "dental assistant", "registered dental assistant", "r.d.a.", "d.d.s.", "d.m.d" and "r.d.h.".
(c) "Doctor of medicine" and "m.d." ...
(d) "Athletic trainer", "licensed athletic trainer", "certified athletic trainer", "athletic trainer certified", "a.t.", "a.t.l.", "c.a.t." and "a.t.c.".
(2) Notwithstanding section sixteen, article three of this chapter, a person who was specially trained at an institution of higher education in this state to assist a physician in the field of orthopedics and upon completion of training, received a two-year associate of science degree as an orthopedic physician's assistant before January one, one thousand seventy-seven, may use the title "orthopedic physician's assistant" whether or not the person is licensed under this article.
§30-41-2. Fees.
Fees for a person licensed or seeking licensure as an athletic trainer under this article are as follows:
(a) Application processing for seventy-five dollars.
(b) License fee, per year, two hundred dollars.
§30-41-3. Definitions.
As used in this part:
(1) "Athletic trainer" means an individual engaged in the practice of athletic training.
(2) "Practice of athletic training" means the treatment of an individual for risk management and injury prevention, the clinical evaluation and assessment of an individual for an injury or illness, or both, the immediate care and treatment of an individual for an injury or illness, or both, and the rehabilitation and reconditioning of an individual's injury or illness, or both, as long as those activities are within the rules promulgated under section five of this article and performed under the direction and supervision of an individual physician licensed pursuant to section ten, article three of this chapter, or an individual chiropractor licensed pursuant to section six, article sixteen of this article. 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.
§30-41-4. Scope of license.
(a) Beginning on the effective date of the rules promulgated under this article, an individual shall not engage in the practice of athletic training unless licensed pursuant to this article or otherwise authorized to engage in the practice of athletic training under subsection (b)of this section. An individual licensed under this part shall not provide, offer to provide, or represent that he or she is qualified to provide any services that he or she is not qualified to perform by his or her education, training, or experience or that he or she is otherwise prohibited by law from performing.
(b) Subsection (a) of this section does not prohibit an individual licensed under any other part or any other act from performing activities that are considered the practice of athletic training so long as those activities are within the individual's scope of practice and the individual does not use the titles protected under subsection (c).
(c) Beginning on the effective date of the rules promulgated pursuant to this article, an individual shall not use the titles "athletic trainer", "licensed athletic trainer", "certified athletic trainer", "athletic trainer certified", "a.t.", "a.t.l.", "c.a.t.", "a.t.c.", or similar words that indicate that the person is an athletic trainer unless the individual is licensed under this article as an athletic trainer.
§30-41-5. Board established.
The West Virginia Athletic Trainer Board is created and consists of the following seven members:
(a) The director of health or his or her designee;
(b) Three athletic trainers licensed pursuant to this article.
(c) One physician licensed pursuant to section ten, article three of this chapter;
(d) One chiropractor licensed pursuant to section six, article sixteen of this chapter; and
(e) One member of the public.
§30-41-6. Rule making authority.
(a) The department shall promulgate rules pursuant to chapter twenty-nine-a establishing the minimum standards for licensure as an athletic trainer under this part and the minimum standards of care for the practice of athletic training.
(b) In promulgating the rules required under this section, the department may consult the professional standards issued by the national athletic trainer's association, by the National Athletic Trainer's Association board of certification, or by another nationally recognized professional association. The department may incorporate by reference, in whole or in part, existing standards in the rules.
(c) As needed, the department may amend or supplement any standards by promulgation of a rule.
§30-41-7. Application for license.
(a) The board shall issue a license under this article as an athletic trainer to an individual who meets all the following requirements:
(1) Applies to the department on a form provided by the department.
(2) Meets the requirements for licensure promulgated pursuant to section five of this article.
(3) Pays the fees prescribed in section two of this article.
(b) The department shall promulgate rules to provide for at least eighty clock hours of continuing education within each three-year license cycle in subjects related to athletic training and approved by the department.
§30-41-8. Issuance and renewal of license.
(a) A license issued by the board pursuant to this article shall be for a three-year license cycle. The license is renewable upon payment of the prescribed license renewal fee and, beginning with the third year after the effective date of the rules promulgated herein, submission to the department of proof of satisfactory completion of at least eighty hours of continuing education within the three-year license cycle in subjects related to athletic training and approved by the department.
(b) In addition to the continuing education requirements of subsection (a) of this section, an athletic trainer shall submit along with his or her application for license renewal proof satisfactory to the department of both of the following:
(1) That he or she has successfully completed a course of training in first aid, cardiopulmonary resuscitation, and foreign body obstruction of the airway approved by the department and offered or approved by the American Red Cross, the American Heart Association, or a comparable organization, as determined by the department.
(2) That he or she holds, at the time of application for renewal and at all times during the previous license period, a valid certification in first aid and cardiopulmonary resuscitation issued by the organization offering the training.
§30-41-9. Third party reimbursement.
This article does not require new or additional third party reimbursement for services rendered by an individual licensed pursuant to this article.

NOTE: The purpose of this bill is to license athletic trainers; scope of license; definitions; creating the West Virginia Athletic Training Board; license requirements; license renewals, continuing education; fees and granting rule making authority.

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

Print On Demand