Stricken language would be deleted from and underlined language would be added to present law. Act 266 of the Regular Session *JMB246* 03-03-2025 13:50:42 JMB246 State of Arkansas As Engrossed: H2/13/25 H2/19/25 S3/3/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1213 3 4 By: Representatives Achor, Gramlich, L. Johnson 5 By: Senators C. Penzo, K. Hammer 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE ARKANSAS ATHLETIC TRAINERS ACT; 9 TO CLARIFY THE DEFINITION OF "ATHLETE" WITHIN THE 10 ARKANSAS ATHLETIC TRAINERS ACT; TO DEFINE "HEALTHCARE 11 PROVIDER" REGARDING STUDENT ATHLETE CONCUSSION 12 EDUCATION; AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO AMEND THE ARKANSAS ATHLETIC TRAINERS 17 ACT; TO CLARIFY THE DEFINITION OF 18 "ATHLETE"; AND TO DEFINE "HEALTHCARE 19 PROVIDER" REGARDING STUDENT ATHLETE 20 CONCUSSION EDUCATION. 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code § 6 -18-710(a), concerning definitions related 25 to student athlete concussion education, is amended to read as follows: 26 6-18-710. Student athlete concussion education — Definition. 27 (a)(1) As used in this section :, 28 (1) "Healthcare provider" means an allopathic or osteopathic 29 physician, neuropsychologist, advanced practice registered nurse, certified 30 athletic trainer, physician assistant, or physical therapist; and 31 (2)(A) "Youth "youth athletic activity" means an organized 32 athletic activity in which the participants, a majority of whom are under 33 nineteen (19) years of age are: 34 (A)(i) Engaged in an athletic game or competition against 35 another team, club, or entity; or 36 As Engrossed: H2/13/25 H2/19/25 S3/3/25 HB1213 2 03-03-2025 13:50:42 JMB246 (B)(ii) In practice or preparation for an organized 1 athletic game or competition against another team, club, or entity. 2 (2)(B) “Youth athletic activity” does not include a college or 3 university activity or an activity that is incidental to a nonathletic 4 program. 5 6 SECTION 2. Arkansas Code § 6 -18-710(c), concerning student athlete 7 concussion education, is amended to read as follows: 8 (c)(1) The Department of Health shall develop concussion protocols 9 substantially similar to those developed and implemented by the Arkansas 10 Activities Association to protect all youth athletes engaged in youth 11 athletic activities in Arkansas. 12 (2) The Department of Health shall provide an updated type of 13 healthcare provider list to the Arkansas Activities Association based on the 14 definition under subsection (a) of this section. 15 16 SECTION 3. Arkansas Code § 17 -93-402 is amended to read as follows: 17 17-93-402. Definitions. 18 As used in this subchapter: 19 (1) “Athlete” means an individual who is participating in 20 organized athletic or team activities at the interscholastic, intramural, 21 intercollegiate, or professional level, or sanctioned recreational sports 22 activities activities of recreation, sport, exercise, or tactical duty ; 23 (2) “Athletic injury or illness” means an injury or illness 24 sustained by the athlete as a result of participation in those organized 25 athletic or team activities activities of recreation, sport, exercise, or 26 tactical duty which require physical strength, agility, flexibility, range of 27 motion, speed, or stamina, or any comparable injury or illness to an athlete 28 which prevents the person from participating in activities described in 29 subdivision (1) of this section; 30 (3) “Athletic trainer” means a person licensed by the state to 31 engage in athletic training; 32 (4) “Athletic training” means the prevention, recognition, 33 evaluation, treatment, and rehabilitation of an athletic injury or illness 34 and the organization and administration of exercise, conditioning, and 35 athletic training programs; 36 As Engrossed: H2/13/25 H2/19/25 S3/3/25 HB1213 3 03-03-2025 13:50:42 JMB246 (5) “Clinical setting” means a hospital or outpatient clinic; 1 (6)(A) “Consultation” means the rendering by a physician of a 2 professional opinion, an expert opinion, or advice to an athletic trainer. 3 (B) "Consultation" may be provided through 4 telecommunication technology; 5 (7)(A) “Freestanding rehabilitation clinic” means a 6 rehabilitation clinic that is not located on the campus of a hospital or 7 healthcare system. 8 (B) "Freestanding rehabilitation clinic" does not include 9 a physician’s office; 10 (8) “Direct supervision” means supervision of the athletic 11 trainer in a clinical setting freestanding rehabilitation clinic by the 12 supervising physical therapist or physician who is readily available for 13 consultation for the care of the athlete and is on the premises; 14 (7)(9) “Direction” means direction of the athletic trainer in a 15 nonclinical setting or physician’s office by a physician who is readily 16 available for consultation for the care of the athlete but not necessarily on 17 the premises; 18 (8)(10) “License” means the document issued by the Arkansas 19 State Board of Athletic Training to a qualified person to practice athletic 20 training; and 21 (9) “Sanctioned recreational sports activities” means any 22 athletic or team activity which requires physical strength, agility, 23 flexibility, range of motion, speed, or stamina and meets one (1) or more of 24 the following: 25 (A) Has officially designated coaches who have the 26 responsibility for athletic activities of the organization; 27 (B) Has a regular schedule of practices or workouts which 28 are supervised by the officially designated coaches; 29 (C) Is an activity generally recognized as having an 30 established schedule of competitive events or exhibitions; and 31 (D) Has a policy requiring documentation of having passed 32 a preparticipation medical examination conducted by a licensed physician as a 33 condition for participation for the athletic activities of the organization 34 (11) "Tactical duty" means activities of law enforcement, 35 military, or rescue services . 36 As Engrossed: H2/13/25 H2/19/25 S3/3/25 HB1213 4 03-03-2025 13:50:42 JMB246 1 SECTION 4. Arkansas Code § 17 -93-411 is amended to read as follows: 2 17-93-411. Direction and supervision. 3 (a) In a nonclinical setting, an athletic trainer may practice the art 4 and science of athletic training under the direction of a physician licensed 5 by the Arkansas State Medical Board. 6 (b)(1) The athletic trainer may practice athletic training in a 7 hospital or outpatient clinic under the direct supervision of a physical 8 therapist and upon the referral of a physician licensed in the State of 9 Arkansas or of a physician licensed by the board physician’s office under the 10 direction or consultation of a physician licensed in this state. 11 (2) However, the physician shall retain moral, ethical, and 12 legal responsibility for patient care according to their specific medical 13 license. 14 (c) The athletic trainer may practice athletic training in a 15 freestanding rehabilitation clinic under the direct supervision of a physical 16 therapist and upon the referral of a physician licensed in this state. 17 18 /s/Achor 19 20 21 APPROVED: 3/12/25 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36