Bill Text: CA AB796 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Athletic trainers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 934, Statutes of 2024. [AB796 Detail]
Download: California-2023-AB796-Amended.html
board committee shall issue an athletic training license to an applicant who meets all of the following requirements: board committee pursuant to Section 2697.6 is valid for two years and thereafter is subject to the renewal requirements described in Section 2697.8. board committee shall renew a license if an applicant meets both of the following requirements: board committee may deny a license or discipline a licensee who is described by any of the following: board committee for reinstatement or modification of a penalty, including reduction or termination of probation, after a period not less than the applicable following minimum period has elapsed from either the effective date of the decision ordering that disciplinary action, or, if the order of the board committee
or any portion of it was stayed, from the date the disciplinary action was actually implemented in its entirety. The minimum periods that shall elapse prior to a petition are as follows: board, committee, upon appropriation by the Legislature, for expenditure by the board committee to defray its expenses for administering this chapter.
Bill Title: Athletic trainers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 934, Statutes of 2024. [AB796 Detail]
Download: California-2023-AB796-Amended.html
|
Amended
IN
Assembly
April 17, 2023 |
|
Amended
IN
Assembly
March 30, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 796
| Introduced by Assembly Member Weber |
February 13, 2023 |
An act to add and repeal Chapter 5.8 (commencing with Section 2697) of Division 2 of the Business and Professions Code, relating to athletic trainers.
LEGISLATIVE COUNSEL'S DIGEST
AB 796, as amended, Weber.
Athletic trainers.
Existing law provides for the licensure and regulation of various professions and vocations by regulatory boards and entities within the Department of Consumer Affairs, including athlete agents. Existing law establishes the California Board of Occupational Therapy within the Department of Consumer Affairs and provides for the licensure and regulation of the practice of occupational therapy.
This bill would enact the Athletic Training Practice Act, which would establish, until January 1, 2028, the Athletic Trainer Licensing Committee within the California Board of Occupational Therapy to exercise licensing, regulatory, and disciplinary functions under the act. The bill would prohibit a person from practicing as an athletic trainer or using certain titles or terms without being licensed by the board.
committee.
The bill would define the practice of athletic training, specify requirements for licensure as an athletic trainer, and would require a licensed athletic trainer to practice only under the supervision of a physician or surgeon.
The bill would provide that an athletic trainer license would be valid for 2 years and subject to renewal, and would authorize the board committee to deny, suspend, or revoke a license and to discipline a licensee for specified reasons. The bill would specify acts that constitute unprofessional conduct and would make it a misdemeanor for any person to violate the act. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The bill would establish the Athletic Trainers Fund for the deposit of application and renewal fees and would make those fees available to the board committee upon appropriation by the Legislature for the purpose of implementing the act’s provisions. The bill would authorize the Director of Consumer Affairs to seek and receive donations from the California Athletic
Trainers Association or any other private individual or entity for the initial costs of implementing the act, and would specify that, if private funds are unavailable, a general fund or special fund loan may be used and repaid with fee revenue. The bill would require the director to determine that sufficient funds for that purpose have been obtained and to provide notice to the Legislature, the Governor, and on the department’s internet website of the determination.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5.8 (commencing with Section 2697) is added to Division 2 of the Business and Professions Code, to read:CHAPTER 5.8. Athletic Trainers
Article 1. Administration
2697.
This chapter shall be known, and may be cited, as the Athletic Training Practice Act.2697.1.
For the purposes of this chapter, the following definitions apply:(a) “Athletic trainer” means a person who meets the requirements of this chapter, is licensed by the
committee, and practices under the direction of a licensed physician or surgeon.
(1) The term “athletic trainer” shall not include any teacher, coach, or other individual for an institution or organization, either public or private, within this state, who does not hold themselves out to the public as athletic trainers.
(2) Nothing in this chapter shall be construed to prevent any person from serving as an athletic training student, assistant athletic trainer, teacher athletic trainer, or any similar volunteer position if such service is not primarily for compensation and is carried out under the supervision of a physician or a licensed athletic trainer.
(3) The term “athletic trainer” shall not include
any person who serves as a first responder or other layman position providing basic first aid within this state but who does not perform the duties of an athletic trainer or hold themselves out as an athletic trainer. For purposes of this chapter basic first aid includes the initial steps taken to stabilize an injury or illness situation until more advanced or professionally trained personnel can assume treatment measures. This care generally consists of simple, life-saving or injury-stabilizing techniques that a nonphysician or layperson can be easily trained to perform with minimal equipment, and is generally recognized as such by national organizations such as the American Red Cross, National Safety Council, American Heart Association, or other similar organization.
(b) “Athletic training” means the performance of those services that
require the education, training, and experience required by this chapter for licensure as an athletic trainer pursuant to this chapter. “Athletic training” includes services appropriate for the prevention, recognition, assessment, management, treatment, rehabilitation, and reconditioning of injuries and illnesses sustained by an athlete:
(1) Who is engaged in sports, games, recreation, or exercise requiring physical strength, flexibility, range of motion, speed, stamina, or agility; or
(2) That affect an athlete’s participation or performance in sports, games, recreation, or exercise as described in paragraph (1).
(c) “Athletic training” includes:
(1) Planning, administering, evaluating, and modifying methods for prevention and risk management of injuries and illnesses;
(2) Identifying an athlete’s medical conditions and disabilities and appropriately caring for or referring an athlete as appropriate;
(3) Recognizing, assessing, treating, managing, preventing, rehabilitating, reconditioning, and appropriately referring to another health care provider to treat injuries and illnesses;
(4) Using therapeutic modalities for which the athletic trainer has received appropriate training and education;
(5) Using conditioning and rehabilitative exercise;
(6) Using topical pharmacological agents, in conjunction with the administration of therapeutic modalities and pursuant to prescriptions issued in accordance with the laws of this state, for which the athletic trainer has received appropriate training and education;
(7) Educating and counseling athletes concerning the prevention and care of injuries and illnesses;
(8) Educating and counseling the general public with respect to athletic training services;
(9) Referring an athlete receiving athletic training services to appropriate health care personnel as needed; and
(10) Planning, organizing, administering, and evaluating the practice of athletic
training.
(d) “Board” means the California Board of
Occupational Therapy.
(e) “Committee” means the Athletic Trainer Licensing Committee.
(f) “Director” means the Director of Consumer Affairs.
(g) “Supervising physician” or “supervising physician and surgeon” means a physician or surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more athletic trainers, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation prohibiting the employment or supervision of a physician assistant.
(h) (1) “Supervision” means that a licensed physician and surgeon
oversees the activities of, and accepts responsibility for, the medical services rendered by an athletic trainer. Supervision, as defined in this subdivision, shall not be construed to require the physical presence of the physician or surgeon, but does require the following:
(A) Adherence to adequate supervision as agreed to in the practice agreement.
(B) The physician or surgeon being available by telephone or other electronic communication method.
(2) Nothing in this subdivision shall be construed as prohibiting the board committee from
requiring the physical presence of a physician or surgeon as a term or condition of an Athletic Trainer’s reinstatement, probation, or imposing discipline.
(i) “Regulations” means the rules and regulations as set forth in Division 13.8 (commencing with Section 1399.500) of Title 16 of the California Code of Regulations.
2697.2.
Only a person licensed as an athletic trainer may use the title “athletic trainer” or “licensed athletic trainer,” the letters “A.T.” or “A.T.C.” as a title, or any other generally accepted terms, letters, or figures that indicate that the person is an athletic trainer.2697.3.
(a) Nothing in this chapter authorizes an athletic trainer to practice:(1) Medicine, as defined under Chapter 5 (commencing with Section 2000);
(2) Physical therapy, as defined under Chapter 5.7 (commencing with Section 2600);
(3) Chiropractic, as defined under Chapter 2 (commencing with Section 1000);
(4) Occupational therapy, as defined under Chapter 5.6 (commencing with Section 2570); or
(5) Any other
regulated form of healing except as authorized by this chapter.
(b) Nothing in this chapter authorizes an athletic trainer to treat a disease or condition that is not related to a person’s participation in sports, games, recreation, or exercise, but the athletic trainer shall take a person’s disease or condition into account in providing athletic training services and shall consult with a physician as appropriate regarding the disease or condition.
(c) Nothing in this chapter prohibits a person from recommending weight management or exercise to improve strength, conditioning, flexibility, and cardiovascular performance to a person in normal health as long as the person recommending the weight management or exercise does not represent themselves as an athletic trainer and the
person does not engage in athletic training as defined in this chapter.
2697.4.
(a) There is established the Athletic Trainer Licensing Committee within the California Board of Occupational Therapy.(b) The committee shall consist of seven members, as follows:
(1) Three licensed athletic trainers, except that initially, the committee shall include three athletic trainers certified by the Board of Certification, Inc. or another nationally accredited athletic trainer certification agency, or its predecessors or successors, who shall satisfy the remainder of the licensure requirements described in Section 2697.6 as soon as it is practically possible.
(2) Three public members.
(3) One physician or surgeon licensed by the Medical Board of California or one osteopathic physician or surgeon licensed by the Osteopathic Medical Board of California.
(c) Subject to confirmation by the Senate, the Governor shall appoint the licensed athletic trainers, one of the public members, and the physician or surgeon or osteopathic physician or surgeon. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(1) The athletic trainers shall be appointed from the following:
(A) Two members shall be actively practicing athletic
training and engaged primarily in direct patient care as an athletic trainer with at least five continuous years of experience.
(B) One member shall be active primarily as an educator or administrator in a program to educate athletic trainers.
(2) The physician or surgeon or osteopathic physician or surgeon shall be appointed from persons who have supervised or are currently supervising athletic trainers.
2697.5.
(a) (1) The committee shall adopt, repeal, and amend regulations as may be necessary to administer and enforce this chapter.(2) Before adopting regulations, the committee may consult the professional standards issued by the National Athletic Trainers’ Association, the Board of Certification, Inc., the Commission on Accreditation of Athletic Training Education, or any other nationally recognized professional athletic training organization.
(b) The committee shall confirm, to the extent practicable, the information provided in an application before issuing a license to
an applicant pursuant to this chapter.
(c) The committee shall give protection of the public the highest priority in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
Article 2. Licensure
2697.6.
Except as otherwise provided in this chapter, the(a) At the time of application, the applicant is over 18 years of age, is not addicted to alcohol or any controlled substance, and has not committed acts or crimes constituting grounds for denial of a license under Section 480.
(b) The applicant has submitted an application developed by the board.
committee.
(c) The applicant passed an athletic training certification examination offered by the Board of Certification, Inc., or its predecessors or successors.
(d) The applicant has passed a criminal background check.
(e) The applicant has paid the application fee established by the board. committee.
2697.7.
A license issued by the2697.8.
The(a) Pays the renewal fee as established by the board committee as described in this chapter.
(b) Submits proof of both of the following:
(1) Satisfactory completion of necessary continuing education, consistent with the requirements of the Board of Certification, Inc., or its predecessors or successors.
(2) Has a current athletic training certification from a certification body approved by the board, committee, including, but not limited to, the Board of Certification, Inc., or its predecessors or
successors.
2697.9.
(a) The(1) Does not meet the requirements of this chapter.
(2) Has had an athletic training license, certification, or registration revoked or suspended by an accredited organization or another state or country.
(3) Has been convicted of a crime that is substantially related to the
functions or duties of an athletic trainer.
(4) Has committed unprofessional conduct, as described in Section 2697.11.
(b) The board committee may order any of the following actions regarding an athletic training license after notice and a hearing to determine unprofessional conduct:
(1) Placing the license on probation with terms and conditions.
(2) Suspending the license and the ability to practice athletic training for a period not to exceed one year.
(3) Revoking the license.
(4) Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(5) Issuing an initial license on probation, with specific terms and conditions, to an applicant who has violated this chapter or the regulations adopted pursuant to it, but who has met all other requirements for licensure.
(6) Taking any other action as the board, committee, in its discretion, deems proper to protect the public health and safety pursuant to subdivision (c) of Section 2697.5.
(c) If a license is suspended, the holder may not practice as an athletic trainer during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated and the holder entitled to resume practice under any remaining terms of the discipline, unless it is established to the satisfaction of the board committee that the holder of the license practiced in this state during the term of suspension. In this event, the board, committee, after notice and a hearing on this
issue alone, may revoke the license.
(d) The board
committee shall retain jurisdiction to proceed with any investigation, action, or disciplinary proceeding against a license, or to render a decision suspending or revoking a license, regardless of the expiration, lapse, or suspension of the license by operation of law, by order or decision of the board committee or a court of law, or by the voluntary surrender of a license by the licensee.
2697.10.
(a) A holder of a license that has been revoked, suspended, or placed on probation, may petition the(1) For a license that was revoked for any reason other than mental or physical illness substantially related to the functions or duties of an athletic trainer, at least three years.
(2) For early termination of probation scheduled for three or more years, at least two years.
(3) For modification of a penalty, reinstatement of a license revoked for mental or physical illness substantially related to the functions or duties of an athletic trainer, or termination of probation scheduled for less than three years, at
least one year.
(b) The board committee may, in its discretion, specify in its disciplinary order a lesser period of time, provided that the period shall not be less than one year.
(c) The petition submitted shall contain any information required by the board, committee, which may include a current set of fingerprints accompanied by the fingerprinting fee.
(d) The board
committee shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. committee. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that they are entitled to the relief sought in the petition.
(e) The board,
committee,
or the administrative law judge if one is designated by the board, committee, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision.
(f) The board committee may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty.
(g) The board
committee shall refuse to consider a petition while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or subject to an order of registration pursuant to Section 290 of the Penal Code.
(h) No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.
2697.11.
For purposes of this chapter, unprofessional conduct includes, but is not limited to, the following:(a) Incompetence, negligence, or gross negligence in carrying out usual athletic trainer functions.
(b) Repeated similar negligent acts in carrying out usual athletic trainer functions.
(c) A conviction for practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
(d) The use of advertising relating to athletic training that violates Section 17500.
(e) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a licensee by another healing arts board under the department, another state or territory of the United States, or by any other government agency. A certified copy of the decision, order, or judgment shall be conclusive evidence thereof.
(f) Procuring a license by fraud, misrepresentation, or mistake.
(g) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any regulation adopted pursuant to this
chapter.
(h) Making or giving any false statement or information in connection with the application for issuance or renewal of a license.
(i) Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a licensee, in which event the record of the conviction shall be conclusive evidence thereof.
(j) Impersonating an applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(k) Impersonating a licensee, or permitting or allowing another unlicensed person to use a license.
(l) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a licensee.
(m) Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a licensee, in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
(n) Using excessive force upon or mistreating or abusing any athlete or athlete patient. For purposes of this subdivision, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances.
(o) Falsifying or making grossly incorrect, grossly inconsistent, or
unintelligible entries in an athlete or athlete patient or hospital record or any other record.
(p) Changing the prescription of a physician and surgeon or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual harm to the athlete or athlete patient.
(q) Failing to maintain the confidentiality of medical information of an athlete or athlete patient, except as disclosure is otherwise
permitted or required by law.
(r) Delegating to an unlicensed employee or person a service that requires the knowledge, skills, abilities, or judgment of a licensee.
(s) Committing any act that would be grounds for denial of a license under Section 480.
(t) Except for good cause, the knowing failure to protect athletes or athlete patients by failing to follow infection control guidelines of the committee, thereby risking transmission of infectious diseases from licensee to athlete or athlete patient, from athlete or athlete patient to athlete or athlete patient, or from athlete or athlete patient to licensee.
(u) As a licensee,
obtaining, possessing, or prescribing a controlled substance in violation of Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device in violation of Chapter 9 (commencing with Section 4000).
(v) As a licensee, using to an extent or in a manner dangerous or injurious to themselves, to any other person, or to the public, or that impairs their ability to conduct with safety to the public the practice authorized by their license, of any of the following:
(1) A controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code.
(2) A dangerous drug or dangerous device as defined in Section 4022.
(3) Alcoholic beverages.
(w) As a licensee, being convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in paragraphs (1) and (2) of subdivision (v), or the possession of, or falsification of a record pertaining to, the substances described in paragraph (1) of subdivision (v), in which event the record of the conviction is conclusive evidence thereof.
(x) As a licensee, being committed or confined by a court of competent jurisdiction for intemperate use of any of the substances described in paragraphs (1) and (2) of subdivision (v), in which event the court order of commitment or confinement is prima facie evidence of the commitment or
confinement.
(y) As a licensee, falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any athlete or athlete patient’s record, or any other record.
