Indiana 2023 Regular Session

Indiana House Bill HB1647 Latest Draft

Bill / Enrolled Version Filed 04/27/2023

                            First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1647
AN ACT to amend the Indiana Code concerning professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 25-5.1-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. "Athletic trainer"
means an individual who is or may be employed by an educational
institution, a professional or an amateur athletic organization, an
occupational or athletic facility, or a health care facility to practice
athletic training.
SECTION 2. IC 25-5.1-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) "Athletic
training" means the practice of prevention, recognition, assessment,
athletic training diagnosis, management, treatment, disposition,
rehabilitation, and reconditioning of athletic injuries under the
direction and supervision of a licensed physician, osteopath,
podiatrist, or chiropractor. However, in a clinic accessible to the
general public, the term means practicing athletic training only upon
the referral, and order, and supervision of a licensed physician,
osteopath, podiatrist, or chiropractor, or specific licensed designees
such as nurse practitioners or physician assistants. The term
includes the following:
(1) Practice that may be conducted by an athletic trainer through
the use of heat, light, sound, cold, electricity, manual therapies,
exercise, rehabilitation, or mechanical devices related to the care
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and the conditioning reconditioning of athletes.
(2) The organization and administration of educational programs
and athletic facilities.
(3) The education and the counseling of the public on matters
related to athletic training.
(b) The term does not include joint manipulation of the spinal
column.
SECTION 3. IC 25-5.1-1-7 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 7. "NATA" refers to the National Athletic Trainers
Association, Inc.
SECTION 4. IC 25-5.1-1-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 8. "BOC" refers to the Board of Certification, Inc.
SECTION 5. IC 25-5.1-1-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 9. "CAATE" refers to the Commission on
Accreditation of Athletic Training Education.
SECTION 6. IC 25-5.1-1-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 10. "Manual therapies" means soft tissue techniques,
massage, and low-velocity, non-thrust joint mobilization.
SECTION 7. IC 25-5.1-1-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 11. "Supervision" means:
(1) advising;
(2) consenting to; or
(3) directing the activities of;
an athletic trainer through written or oral orders. The term
includes ensuring that the referral of athletic injuries is
appropriate to the athletic trainer's level of training and
experience.
SECTION 8. IC 25-5.1-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. The board shall do
the following:
(1) Organize by electing a president, vice president, and secretary.
(2) Adopt rules under IC 4-22-2 to do the following:
(A) Provide for the licensure of athletic trainers.
(B) Fix application fees, examination fees, and licensure fees.
(C) Establish standards for the practice of athletic training
under this article.
(D) Establish standards for continuing education that conform
with the standards of NATA. the BOC.
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(E) Otherwise implement this article.
(3) Prescribe the application forms to be furnished to all persons
seeking to be licensed under this article.
(4) Prescribe the form and design of the license to be issued under
this article.
(5) Conduct hearings, keep records of proceedings, and do all
things necessary to properly administer and enforce this article.
(6) Publish and make available the following upon request and for
a fee not to exceed the actual cost of printing and mailing:
(A) Requirements for issuance of an athletic trainer's license
under this article.
(B) Rules adopted under this article.
(7) Maintain and make available as required by IC 4-1-6 and
IC 5-14-3 a register of each licensed athletic trainer in Indiana,
including each licensed athletic trainer's last known address and
the expiration date and identification number of the licensed
athletic trainer's license.
(8) Contract with the NATA board of certification to prepare,
conduct, and score NATA's current professional examination as
the qualifying examination for athletic trainers under this article.
SECTION 9. IC 25-5.1-3-1, AS AMENDED BY P.L.2-2007,
SECTION 318, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1. (a) To qualify for a license under
this article, an individual must satisfy the following requirements:
(1) Satisfactorily complete an application for licensure in
accordance with the rules adopted by the board.
(2) Pay the application fees, examination fees, and licensure fees
established by the board.
(3) Not have been convicted of a crime that has a direct bearing
on the applicant's ability to practice competently as determined by
the board.
(4) Not have had disciplinary action taken against the applicant or
the applicant's license by the board or by the licensing agency of
another state or jurisdiction by reason of the applicant's inability
to safely practice athletic training with those reasons for
discipline still being valid as determined by the board.
(5) Show to the satisfaction of the board that the applicant has
received at least a baccalaureate a professional athletic training
degree from a postsecondary educational institution that meets the
academic standards for athletic trainers established by NATA the
CAATE and described in subsection (b).
(6) Except to the extent that section 6 of this chapter applies,
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successfully pass the qualifying examination adopted by the
board. as described in IC 25-5.1-2-6(8).
(b) The minimum academic standards for athletic trainers licensed
under this article as required under subsection (a)(5) include the
satisfactory completion of an academic a CAATE accredited
professional athletic training program that includes at least the
following accredited courses: and successful completion of the BOC
examination.
(1) Human anatomy.
(2) Human physiology.
(3) Physiology of exercise.
(4) Kinesiology.
(5) Personal health.
(6) Basic athletic training.
(7) Advanced athletic training.
(8) Clinical experience as prescribed by the board.
(9) Therapeutic modalities.
(10) Rehabilitation.
SECTION 10. IC 25-5.1-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. If an individual who
applies for a license under this article meets any of the following
conditions, the individual may be exempted from the examination
requirement under section 1(a)(6) of this chapter by action of the
board:
(1) The individual is licensed to practice athletic training in
another state if the other state's standards for licensure are at least
equal to the standards for licensure in Indiana.
(2) The individual is certified by NATA the BOC and is
otherwise qualified for licensure under this article.
(3) The individual is certified by an organization recognized by
the National Commission on Competency Assurance and is
otherwise qualified for licensure under this article.
SECTION 11. IC 25-5.1-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) The board may
issue a temporary permit to a person to practice as an athletic trainer if
the person pays a fee and the person:
(1) has a valid license or certificate to practice from another state
and the person has applied for a license from the board;
(2) is practicing in a state that does not license or certify athletic
trainers but is certified by a national athletic training association
the BOC, approved by the board, and the person has applied for
a license from the board; or
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(3) has met the requirements of section 1 of this chapter, except
for the requirement of section 1(a)(6) of this chapter.
(b) A person with a temporary permit issued under subsection (a)(3)
may practice as an athletic trainer only under the supervision of an
athletic trainer licensed under this article.
(c) A temporary permit expires on the earliest of:
(1) the date the person holding the permit is issued a license under
this article;
(2) the date the board disapproves the person's license
application; or
(3) ninety (90) days after the date of issuance.
HEA 1647 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: 	Time: 
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