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Regular Session, 2014
HOUSE BILL NO. 691
BY REPRESENTATIVE BROADWATER
ATHLETICS/TRAINERS: Provides relative to athletic trainers
AN ACT1
To amend and reenact R.S. 37:3301, 3302, 3303, 3304, and 3307, to enact R.S. 37:3305.1,2
3306.1, 3308.1, 3309.1, 3311(C), and 3313, and to repeal R.S. 33:3305, 3306, 3308,3
3309, and 3310, relative to the Louisiana Athletic Trainers Law; to provide for4
purpose of Chapter; to make changes to definitions; to provide relative to the powers5
and duties of the Louisiana State Board of Medical Examiners in regards to athletic6
trainers; to provide relative to fees; to provide relative to exemptions from civil7
liability; to provide for prohibited activities of athletic trainers; to establish8
qualifications and requirements for athletic trainers; to provide relative to9
exemptions; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 37:3301, 3302, 3303, 3304, and 3307 are hereby amended and12
reenacted and R.S. 37:3305.1, 3306.1, 3308.1, 3309.1, 3311(C), and 3313 are hereby13
enacted to read as follows: 14
§3301. Short title; purpose15
A. This Chapter shall be known and may be cited as the Louisiana Athletic16
Trainers Law. 17
B. The purpose of this Chapter is to provide for the protection of public18
health, safety and welfare by providing for the licensing and regulation of the19
practice of athletic trainers in this state.20 HLS 14RS-1045 ORIGINAL
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§3302. Definitions 1
As used in this Chapter, the following words and phrases have the meanings2
hereinafter ascribed to them: 3
(1) "Athletic trainer" means a person an individual licensed by the board as4
an athletic trainer with the specific qualifications set forth in R.S. 37:3306 who,5
under the direction and general supervision of a medical physician, carries out the6
practice of prevention, emergency management, and physical rehabilitation of7
injuries and sports related conditions incurred by athletes at participating in activities8
sponsored by an educational institution, professional athletic organization, and any9
athletes participating in athletic competition or events sponsored by these10
organizations or other board sanctioned approved organization. In carrying out these11
functions, the athletic trainer shall use whatever physical modalities are prescribed12
by a team physician or consulting physician for the team or athletic organization, or13
both. 14
(2) "Board" means the Louisiana State Board of Medical Examiners.15
(3) "Board sanctioned approved" means such associations, including but not16
limited to the Amateur Athletic Union, the International Olympic Committee and its17
affiliates, the Pan American Committee, the National Collegiate Athletic18
Association, the National Association of Intercollegiate Athletics, college and19
university intramural sports, and National High School Athletic Association sports20
events. 21
(4) "Department" means the Louisiana Department of Health and Human22
Resources.23
"BOC" means the Board of Certification of the National Athletic Trainers24
Association, or its successor. 25
(5) "CAATE" means the Commission on Accreditation or Athletic Training26
Education or successor. 27
(5) (6) "Educational institution" means a university, college, junior college,28
high school, junior high school, or grammar school, whether public or private. 29 HLS 14RS-1045 ORIGINAL
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(6) (7) "Emergency management" means the assessment and immediate care1
given to an injured athlete until the services of a physician can be obtained under the2
supervision of the team or consulting physician. To accomplish this care, an athletic3
trainer may use such methods as accepted first aid procedures established approved4
by the American Red Cross and the American Heart Association and protocol5
previously established by the athletic trainer and the team or consulting physicians.6
(8) "General supervision" means the service is furnished under a physician's7
overall direction and control, but the physician's presence shall not be required8
during the provision of service.9
(7) (9) "Medical physician Physician" means a person licensed to practice10
medicine by the board in the state who is qualified by training and experience to11
supervise an athletic trainer. 12
(8) (10) "Physical rehabilitation" means the care given to athletes following13
injury and recovery. These treatments and rehabilitation programs may consist of14
preestablished methods of physical modality use and exercise as prescribed by a15
team physician, consulting physician, or both. Physical rehabilitation also includes16
working cooperatively with and under the direction general supervision of a medical17
physician in with respect to the following: 18
(a) Reconditioning procedures. 19
(b) Operation of therapeutic devices and equipment. 20
(c) Fitting of braces, guards, and other protective devices. 21
(d) Referrals to other physicians, auxiliary health services, and institutions.22
Referrals will be made with the agreement of the athlete or, in the case of a minor,23
with the agreement of a parent or guardian except when circumstances require24
emergency transfer and the parent or guardian is unavailable. 25
(9) (11) "Practice of prevention" shall include but is not limited to the26
following: 27
(a) Working cooperatively with supervisors and coaches in establishing and28
implementing a program of physical conditioning for athletes. 29 HLS 14RS-1045 ORIGINAL
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(b) Applying protective or injury-preventive devices such as taping, padding,1
bandaging, strapping, wrapping, or bracing. 2
(c) Working cooperatively with supervisors, coaches, and a team physician3
or consulting physician in the selection and fitting of protective athletic equipment4
for each athlete and constantly monitoring that equipment for safety. 5
(d) Counseling and advising supervisors, coaches, and athletes on physical6
conditioning and training such as diet, flexibility, rest, and reconditioning. 7
§3303. Louisiana State Board of Medical Examiners; powers and duties 8
A. The In addition to the powers and authority established by R.S. 37:1270,9
the board shall: 10
(1) Keep a record of its proceedings regarding the regulation and11
certification licensure of athletic trainers in a book maintained for that purpose. 12
(2) Keep a complete roster of all certified licensed athletic trainers and make13
a copy of the roster available to any person requesting it on payment of a fee14
established by the board as sufficient to cover the costs of the roster. 15
(3) Certify License athletic trainers in a manner consistent with the16
provisions of this Chapter. 17
(4) Adopt rules and regulations necessary for the performance of its duties.18
(5) Prescribe application forms for certification licensure. 19
(6) Establish guidelines for athletic trainers in the state. 20
(7) Approve, deny, revoke, suspend, probate, and renew licensure of a duly21
qualified applicant.22
(8) Conduct administrative hearings on the denial, suspension, revocation, or23
refusal to issue or renew a license.24
B. The board shall conduct a certification examination at least once every25
year at a time and place fixed by the board. 26
C. The board shall require continuing education units to maintain27
certification licensure.28 HLS 14RS-1045 ORIGINAL
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D. C. The board shall, collect the following fees: pursuant to the authority1
granted in R.S. 37:1281(A)(2), establish and collect fees in accordance with its rules2
for the purposes of carrying out the provisions of this Chapter.3
(1)Examination fee $ 75.004
(2)Athletic trainers certificate$ 35.005
(3)Renewal fee $ 25.006
(4)Issuance of duplicate certificate$ 5.007
E. D. The fees collected under pursuant to the provisions of this Chapter8
shall be credited to deposited in the treasury of the Louisiana State Board of Medical9
Examiners. 10
§3304. Exemptions from civil liability 11
A. There shall be no liability on the part of and no action for damages12
against any No member of the board or its agents or employees shall be liable in any13
civil action for any act performed in good faith in the execution of his duties under14
this Chapter.15
B. No person, committee, association, organization, firm, or corporation16
shall be held liable for damages pursuant to any law of the state of Louisiana or any17
political subdivision thereof for providing information to the board without malice18
and under the reasonable belief that such information is accurate and, whether19
providing such information as a witness or otherwise.20
§3305.1. Prohibited activities; false representation21
A. A person who is not licensed pursuant to this Chapter as an athletic trainer22
or whose license has been suspended or revoked shall not perform any of the23
following:24
(1) Activities of an athletic trainer as defined in this Chapter.25
(2) Use in connection with his name or place of business the words "trainer",26
"licensed athletic trainer", "athletic trainer", "certified athletic trainer",27
"teacher/trainer", "first aid trainer", "sports trainer", "sports medic", the abbreviations28
"LAT", "ATC", "AT," or any other words, letters, abbreviations, or insignia29 HLS 14RS-1045 ORIGINAL
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indicating or implying that he is an athletic trainer, or in any way, orally, in writing,1
in print or by sign, directly or by implication, represent himself as an athletic trainer.2
B. However, nothing in this Chapter shall prevent an assigned athletic coach3
from administering and supervising his normal sports activities.4
§3306.1. Qualifications5
A. A person who applies for an athletic trainer license shall possess all of6
the following qualifications:7
(1) A certificate issued by the BOC evidencing the successful passage of the8
National Athletic Trainers Association Certification Examination or its successor.9
(2) A degree in athletic training from a CAATE accredited program, or such10
comparable degree accepted by the BOC and approved by the board.11
(3) Good moral character as determined by rules established by the board.12
B.(1) Any person certified by the board as a certified athletic trainer on the13
effective date of this Subsection shall be issued a license by the board, without14
meeting the requirements of Subsection A of this Section, upon the submission of a15
renewal license application and payment of the applicable renewal fee to the board.16
(2) A license granted pursuant to this Subsection shall be valid for one year17
from the effective date of this Act. An athletic trainer granted a license pursuant to18
this Subsection shall be required to apply for a license pursuant to Subsection A of19
this Section upon expiration of the date of the license issued pursuant to this20
Subsection.21
§3307. Requirements for certification licensure 22
A. A person who wishes to apply for an athletic trainer certificate license23
shall apply to the board on forms in a manner prescribed by the board and shall pay24
the examination fee required by R.S. 37:3303(D).25
B. The applicant shall be entitled to an athletic trainer's certificate license if26
he possesses the qualifications enumerated in R.S. 37:3306 R.S. 37:3306.1, and the27
rules and regulations established by the board, successfully completes the28
examination administered by the board to the satisfaction of the board pays the29 HLS 14RS-1045 ORIGINAL
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certificate license fee required established by the board, by R.S. 37:3303(D), and has1
not committed an act which constitutes grounds for denial of a certificate license2
under R.S. 37:3308 R.S. 37:3308.1. 3
C. A certificate Every license issued under this Chapter, except a license4
issued pursuant to R.S. 37: 3306.1(B), shall expire and become null and void unless5
on June 30th of each year. Each certificate shall be renewed annually on or before6
June 30th of each year in accordance with the procedure established by the board and7
upon payment of the renewal fee. 8
§3308.1. Causes for denial, revocation, or suspension, or imposition of restrictions,9
costs, fines10
A. The board may refuse to issue a license to an applicant or may suspend,11
or revoke or impose probationary terms, conditions or restrictions on any license12
issued pursuant to this Part if the licensee or applicant has committed any of the13
following acts:14
(1) Has been convicted of or entered a plea of guilty or nolo contendere to15
a criminal charge constituting a felony under the laws of Louisiana, of the United16
States, or of the state in which such conviction or plea was entered.17
(2) Has been convicted of or entered a plea of guilty or nolo contendere to18
any criminal charge arising out of or in connection with the practice of an athletic19
trainer.20
(3) Commits perjury, fraud, deceit, misrepresentation, or concealment of21
material facts in obtaining a license to practice as an athletic trainer.22
(4) Provides false testimony before the board or provides false sworn23
information to the board.24
(5) Engages in habitual or recurring abuse of drugs, including alcohol, which25
affect the central nervous system and which are capable of inducing physiological26
or psychological dependence.27
(6) Solicits patients or self-promotion through advertising or communication,28
public or private, which is fraudulent, false, deceptive, or misleading.29 HLS 14RS-1045 ORIGINAL
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(7) Makes or submits false, deceptive, or unfounded claims, reports, or1
opinions to any patient, insurance company, indemnity association, company,2
individual, or governmental authority for the purpose of obtaining anything of3
economic value.4
(8) Engages in cognitive or clinical conduct.5
(9) Engages in unprofessional conduct.6
(10) Engages in continuing or recurring practice which fails to satisfy the7
prevailing and usually accepted standards of practice as an athletic trainer in this8
state.9
(11) Knowingly performs any act which in any way assists an unlicensed10
person to practice as an athletic trainer, or having professional connection with or11
lending one's name to an illegal practitioner.12
(12) Pays or gives anything of economic value to another person, firm, or13
corporation to induce the referral of injured athletes to an athletic trainer.14
(13) Has been interdicted by due process of law.15
(14) Has the inability to practice as an athletic trainer with reasonable16
competence, skill or safety to patients because of mental or physical illness,17
condition, or deficiency, including but not limited to deterioration through the aging18
process or excessive use or abuse of drugs, including alcohol.19
(15) Refuses to submit to an examination and inquiry by an examining20
committee of physicians appointed by the board to inquire into the applicant's21
licensee's physical or mental fitness and ability to practice as an athletic trainer with22
reasonable skill or safety.23
(16) Practices or otherwise engages in any conduct or functions beyond the24
scope of practice of an athletic trainer as defined by this Chapter or the board's rules.25
(17) Refusal of the licensing authority or another state to issue or renew a26
license, permit, or certificate to practice as an athletic trainer in that state, or the27
revocation, suspension, or other restriction imposed on a license, permit, or28
certificate issued by such licensing authority which prevents, restricts, or conditions29 HLS 14RS-1045 ORIGINAL
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practice, or the surrender of a license, permit, or certificate issued by another state1
when criminal or administrative charges are pending or threatened against the holder2
of such license, permit, or certificate.3
(18) Denial, revocation, suspension, probation, or other disciplinary sanction4
from the BOC or its successor for violation of the standards of professional practice.5
(19) Violation of any rules and regulations of the board, or any provisions6
of this Chapter.7
B. The board may, as part of a decision, consent order, or other agreed order,8
require the applicant or license holder to pay all costs of the board's proceedings and9
a fine not to exceed one thousand dollars.10
§3309.1. Hearing; consent order11
A. Denial, refusal to renew, suspension or revocation of a license, or the12
imposition of probationary terms, conditions, or restrictions upon a licensee, may be13
ordered by the board in a decision made after a hearing in accordance with14
procedures established by the Administrative Procedure Act, R.S. 49:950 et seq. or15
by consent of the parties.16
B. Any license suspended, revoked, or otherwise restricted may be reinstated17
by the board.18
§3311. Limitation Exemptions 19
* * *20
C. The provisions of this Chapter shall not apply to any athletic training21
student pursuing a course of study leading to a degree in athletic training at an22
institution whose program is accredited, recognized, or approved by the CAATE, if23
such activities and services constitute a part of a supervised course of study and the24
individual's status is designated by a title which clearly indicates his status as an25
"athletic training student".26
* * *27 HLS 14RS-1045 ORIGINAL
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§3313. Display of license1
A license and renewal issued pursuant to the provisions of this Chapter shall2
be conspicuously displayed in the principal office of the licensee. Licensees shall,3
upon request, present proof of state licensure when engaged in professional activities4
as a licensed athletic trainer (LAT).5
Section 2. R.S. 37:3305, 3306, 3308, 3309, and 3310 are hereby repealed.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 691
Abstract: Revises the Louisiana Athletic Trainers Law.
Proposed law provides that Louisiana Athletic Trainers Law has the purpose of protecting
the public health, safety, and welfare by providing for the licensing and regulation of the
practice of athletic trainers in the state.
Present law provides for an athletic trainers certificate.
Proposed law removes reference to an athletic trainers certificate and changes it to athletic
trainers license.
Present law provides for definitions.
Proposed law revises definitions in present law.
Present law provides that the Louisiana State Board of Medical Examiners (LSBME) certify
and keep a record of all persons certified as athletic trainers and collect examination fees
($75), athletic trainer certification fees ($35), renewal fees ($25), and issuance of duplicate
license fee ($5).
Proposed law provides that the LSBME license and keep a record of all persons licensed as
athletic trainers and establish and collect fees in accordance with its rules.
Proposed law provides that the LSBME shall approve, deny, revoke, suspend, probate, and
renew licensure of a duly qualified candidate.
Proposed law provides that the LSBME conducts administrative hearings on the denial,
suspension, revocation, or refusal to issue or to renew a license.
Present law provides that no member of the board shall be liable in any civil action
performed in good faith in the execution of his duties.
Proposed law provides that there shall be no liability on the part of and no action for
damages against any member of the board, its agents or employees, in any civil action for
any act performed in good faith. HLS 14RS-1045 ORIGINAL
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Proposed law provides that no person, committee, association, organization, firm or
corporation shall be held liable for damages pursuant to any law of the state of La., or any
political subdivision thereof for providing information to the board without malice and under
the reasonable belief that such information is accurate and, whether providing such
information as a witness or otherwise.
Present law provides that no person shall hold himself out as an athletic trainer or perform,
for compensation or any other means of remuneration, any of the activities of an athletic
trainer without first obtaining a certificate, but can be a student-trainer, assistant trainer,
teacher-trainer, or any similar position.
Present law does not require the certification of athletic trainers at nonpublic schools.
Present law does not prevent an assigned athletic coach from administering and supervising
his normal sports activities.
Proposed law repeals present law and provides that a person who is not licensed as an
athletic trainer or whose license has been suspended or revoked shall not perform any of the
following:
(1)Activities of an athletic trainer as defined in this Chapter.
(2)Use in connection with his name or place of business the words "trainer", "licensed
athletic trainer", "athletic trainer", "certified athletic trainer", "teacher/trainer", "first
aid trainer", "sports trainer", "sports medic", the abbreviations "LAT", "ATC", "AT",
or any other words, letters, abbreviations, or insignia indicating or implying that he
is an athletic trainer, or in any way, orally, in writing, in print or by sign, directly or
by implication, represent himself as an athletic trainer.
Proposed law shall not prevent an assigned athletic coach from administering and
supervising his normal sports activities.
Present law provides that a person who applies for an athletic trainer certificate must
possess at least one of the following qualifications:
(1)Meet the athletic training curriculum requirements of a college or university
approved by the board and provide proof of graduation.
(2)Hold a degree in physical therapy from a school approved by the board and shall
have completed a basic athletic training course, a first aid course as approved by the
American Red Cross, a cardiopulmonary resuscitation course as approved by the
American Heart Association or American Red Cross, and a nutrition course, and the
applicant shall have spent two years in association with an athletic team, show
proficiency in acute athletic care, and have letters of recommendation from a
physician and a licensed athletic trainer.
(3)Complete, beyond the secondary school level, either as an undergraduate or graduate
student, at least four years as an apprentice athletic trainer at a college or university
under the direct supervision of an athletic trainer approved by the board. Three of
the four years shall be consecutive years under such supervision, military duty
excepted. An applicant for certification shall provide proof of graduation from an
accredited college or university and of successful completion of courses in athletic
training, first aid, cardiopulmonary resuscitation, and nutrition.
Present law provides that the board may certify as an athletic trainer in this state after a
written examination given by the board a person who has been so certified or licensed in
another state of the United States and who meets all requirements of present law. HLS 14RS-1045 ORIGINAL
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Proposed law repeals present law and provides that a person who applies for an athletic
trainer license shall possess all of the following qualifications:
(1)A certificate issued by the Board of Certification of the National Athletic Trainers
Association (BOC) evidencing the successful passage of the National Athletic
Trainers Association Certification Examination, or its successor.
(2)A degree in athletic training from a Commission on Accreditation on Athletic
Training Education (CAATE) accredited program, or such comparable degree
accepted by the BOC and approved by the board.
(3)Good moral character, as determined by rules established by the board.
Proposed law provides that a person certified by the board as a certified athletic trainer on
the effective date of proposed law shall be issued a license by the board, without meeting
the requirements of proposed law, upon the submission of a renewal application and
payment of the applicable renewal fee to the board. A license granted pursuant to this
provision of proposed law shall be valid for one year from the effective date proposed law.
An athletic trainer granted a license pursuant to this provision of proposed law shall be
required to apply for a license pursuant to proposed law upon expiration of the date of the
license issued pursuant to this provision of proposed law.
Present law requires a person who wishes to apply for an athletic trainer certificate to apply
to the board on forms prescribed by the board and shall pay the examination fee required.
Present law provides that the applicant shall be entitled to an athletic trainer's certificate if
he possesses the qualifications enumerated in present law, successfully completes the
examination administered by the board to the satisfaction of the board, pays the certificate
fee required, and has not committed an act which constitutes grounds for denial of a
certificate under present law.
Present law provides that a certificate issued pursuant to present law shall expire on June
30th of each year. Each certificate shall be renewed on or before June 30th of each year in
accordance with the procedure established by the board and upon payment of the renewal
fee.
Proposed law repeals present law.
Proposed law provides that the board may refuse to issue a license to an applicant or may
suspend, or revoke or impose probationary terms, conditions or restrictions on any license
issued under proposed law if the license issued or applicant has committed any one of a list
of acts.
Proposed law provides that the board may, as part of a decision, consent order, or other
agreed order, require the applicant or license holder to pay all costs of the board's
proceedings and a fine not to exceed one thousand dollars.
Present law provides that any person whose application for a certificate or for renewal of a
certificate is denied shall be entitled to a hearing in accordance with procedures established
by the Administrative Procedure Act.
Proposed law repeals present law.
Proposed law provides that denial, refusal to renew, suspension or revocation of a license,
or the imposition of probationary terms, conditions, or restrictions upon a licensee, may be
ordered by the board in a decision made after a hearing in accordance with procedures
established by the Administrative Procedure Act, R.S. 49:950 et seq. or by consent of the
parties. HLS 14RS-1045 ORIGINAL
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Present law provides that the board may suspend or revoke a certificate for any cause stated
in present law, but only after notice and opportunity for a hearing are provided to the
certificate holder. Proceedings for such revocation or suspension of a certificate shall be
commenced by filing charges against the certificate holder in writing and under oath with
the board.
Proposed law repeals present law.
Proposed law provides that any license suspended, revoked, or otherwise restricted may be
reinstated by the board.
Proposed law provides that provisions of the Louisiana Athletic Trainers Law shall not
apply to any athletic training student pursuing a course of study leading to a degree in
athletic training at an institution whose program is accredited, recognized, or approved by
the CAATE, if such activities and services constitute a part of a supervised course of study
and the individual's status is designated by a title which clearly indicates his status as an
"athletic training student".
Proposed law provides that a license and renewal issued pursuant to present and proposed
law shall be conspicuously displayed in the principal office of the licensee. Licensees shall,
upon request, present proof of state licensure when engaged in professional activities as a
licensed athletic trainer (LAT).
(Amends R.S. 37:3301, 3302, 3303, 3304, and 3307; Adds R.S. 37:3305.1, 3306.1, 3308.1,
3309.1, 3311(C), and 3313; Repeals R.S. 37:3305, 3306, 3308, 3309, and 3310)