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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. 37:3305, 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 REENGROSSED
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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) "Athlete" means an individual designated as such by the board, an4
educational institution, a professional athletic organization, or other board-approved5
organization who participates in an athletic activity sponsored by such institution or6
organization.7
(1)(2) "Athletic trainer" means a person an individual licensed by the board8
as an athletic trainer with the specific qualifications set forth in R.S. 37:3306 R.S.9
37:3306.1 who, under the direction and general supervision of a medical physician,10
carries out the practice of prevention, emergency management, and physical11
rehabilitation of injuries and sports-related conditions incurred by athletes. at, and12
any athletes participating in athletic competition or events sponsored by these13
organizations or other board sanctioned organization. In carrying out these14
functions, the athletic trainer shall use whatever physical modalities are prescribed15
by a team physician or consulting physician, or both.16
(2)(3) "Board" means the Louisiana State Board of Medical Examiners.17
(3)(4) "Board sanctioned approved" means such approved associations,18
including but not limited to the Amateur Athletic Union, the International Olympic19
Committee and its affiliates, the Pan American Committee Sports Organization, the20
National Collegiate Athletic Association, and the National Association of21
Intercollegiate Athletics, and college and university intramural sports, and National22
High School Athletic Association sports events. of the National Federation of State23
High School Associations. 24
(4) "Department" means the Louisiana Department of Health and Human25
Resources.26
(5) "BOC" means the Board of Certification, Inc. or its successor.27
(6) "CAATE" means the Commission on Accreditation of Athletic Training28
Education or its successor. 29 HLS 14RS-1045 REENGROSSED
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(5)(7) "Educational institution" means a university, college, junior college,1
high school, junior high school, or grammar school, whether public or private. 2
(6)(8) "Emergency management" means the immediate care given to an3
injured athlete until the services of a physician can be obtained under the general4
supervision of the team or consulting physician. To accomplish this care, an athletic5
trainer may use such methods as accepted first aid procedures established approved6
by the American Red Cross, and the American Heart Association, and or protocol7
previously established by the athletic trainer and the team or consulting physicians.8
(9) "General supervision" means the service is furnished under a physician's9
overall direction and control, but the physician's presence shall not be required10
during the provision of service.11
(7)(10) "Medical physician Physician" means a person licensed to practice12
medicine by the board in the state who is qualified by training and experience to13
supervise an athletic trainer.14
(8)(11) "Physical rehabilitation" means the care given to athletes following15
injury and recovery. These treatments and rehabilitation programs may consist of16
preestablished methods of physical modality use and exercise as prescribed by a17
team physician, consulting physician, or both. Physical rehabilitation also includes18
working cooperatively with and under the direction general supervision of a medical19
physician in with respect to the following:20
(a) Reconditioning procedures.21
(b) Operation of therapeutic devices and equipment.22
(c) Fitting of braces, guards, and other protective devices.23
(d) Referrals to other physicians, auxiliary health services, and institutions.24
Referrals will be made with the agreement of the athlete or, in the case of a minor,25
with the agreement of a parent or guardian except when circumstances require26
emergency transfer and the parent or guardian is unavailable.27
(9)(12) "Practice of prevention" shall include but is not limited to the28
following:29 HLS 14RS-1045 REENGROSSED
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(a) Working cooperatively with supervisors and coaches in establishing and1
implementing a program of physical conditioning for athletes.2
(b) Applying protective or injury-preventive devices such as taping, padding,3
bandaging, strapping, wrapping, or bracing.4
(c) Working cooperatively with supervisors, coaches, and a team physician5
or consulting physician in the selection and fitting of protective athletic equipment6
for each athlete and constantly monitoring that equipment for safety.7
(d) Counseling and advising supervisors, coaches, and athletes on physical8
conditioning and training such as diet, flexibility, rest, and reconditioning.9
§3303. Louisiana State Board of Medical Examiners; powers and duties10
A. The In addition to the powers and authority established by R.S. 37:1270,11
the board shall:12
(1) Keep a record of its proceedings regarding the regulation and13
certification licensure of athletic trainers in a book maintained for that purpose.14
(2) Keep a complete roster of all certified licensed athletic trainers and make15
a copy of the roster available to any person requesting it on payment of a fee16
established by the board as sufficient to cover the costs of the roster.17
(3) Certify License athletic trainers in a manner consistent with the18
provisions of this Chapter.19
(4) Adopt rules and regulations necessary for the performance of its duties.20
(5) Prescribe application forms for certification licensure. 21
(6) Establish guidelines for athletic trainers in the state.22
(7) Approve, deny, revoke, suspend, probate, and renew licensure of a duly23
qualified applicant.24
(8) Conduct administrative hearings on the denial, suspension, revocation,25
or refusal to issue or renew a license.26
B. The board shall conduct a certification examination at least once every27
year at a time and place fixed by the board. 28 HLS 14RS-1045 REENGROSSED
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C. The board shall require continuing education units to maintain1
certification licensure.2
D. C. The board shall, collect the following fees: pursuant to the authority3
granted in R.S. 37:1281(A)(2), establish and collect fees in accordance with its rules4
for the purposes of carrying out the provisions of this Chapter.5
(1)Examination fee $ 75.006
(2)Athletic trainers certificate$ 35.007
(3)Renewal fee $ 25.008
(4)Issuance of duplicate certificate$ 5.009
E. D. The fees collected under pursuant to the provisions of this Chapter10
shall be credited to deposited in the treasury of the Louisiana State Board of Medical11
Examiners.12
§3304. Exemptions from civil liability 13
A. There shall be no liability on the part of and no action for damages14
against any No member of the board or its agents or employees shall be liable in any15
civil action for any act performed in good faith in the execution of his duties under16
this Chapter.17
B. No person, committee, association, organization, firm, or corporation18
shall be held liable for damages pursuant to any law of the state of Louisiana or any19
political subdivision thereof for providing information to the board without malice20
and under the reasonable belief that such information is accurate and, whether21
providing such information as a witness or otherwise.22
§3305.1. Prohibited activities; false representation23
A. A person who is not licensed pursuant to this Chapter as an athletic trainer24
or whose license has been suspended or revoked shall not perform any of the25
following:26
(1) Activities of an athletic trainer as defined in this Chapter.27
(2) Use in connection with his name or place of business the words "trainer",28
"licensed athletic trainer", "athletic trainer", "certified athletic trainer",29 HLS 14RS-1045 REENGROSSED
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"teacher/trainer", "first aid trainer", "sports trainer", "sports medic", the abbreviations1
"LAT", "ATC", "AT," or any other words, letters, abbreviations, or insignia2
indicating or implying that he is an athletic trainer, or in any way, orally, in writing,3
in print or by sign, directly or by implication, represent himself as an athletic trainer.4
B. However, nothing in this Chapter shall prevent an assigned athletic coach5
from administering and supervising his normal sports activities.6
§3306.1. Qualifications7
A. A person who applies for an athletic trainer license shall possess all of the8
following qualifications:9
(1) A certificate issued by the BOC evidencing the successful passage of the10
BOC Certification Examination or its successor.11
(2) A degree in athletic training from a CAATE accredited program, or such12
comparable degree accepted by the BOC and approved by the board.13
(3) Good moral character as determined by rules established by the board.14
B.(1) Any person certified by the board as a certified athletic trainer on the15
effective date of this Subsection shall be issued a license by the board, without16
meeting the requirements of Subsection A of this Section, upon the submission of a17
renewal license application and payment of the applicable renewal fee to the board.18
(2) After a period of one year from the effective date of this Subsection, no19
athletic trainer shall be licensed pursuant to the provisions of R.S. 37:3306.1(B)(1).20
§3307. Requirements for certification licensure 21
A. A person who wishes to apply for an athletic trainer certificate license22
shall apply to the board on forms in a manner prescribed by the board and shall pay23
the examination fee required by R.S. 37:3303(D).24
B. The applicant shall be entitled to an athletic trainer's certificate license if25
he possesses the qualifications enumerated in R.S. 37:3306 R.S. 37:3306.1, and the26
rules and regulations established by the board, successfully completes the27
examination administered by the board to the satisfaction of the board pays the28
certificate license fee required established by the board, by R.S. 37:3303(D), and has29 HLS 14RS-1045 REENGROSSED
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not committed an act which constitutes grounds for denial of a certificate license1
under R.S. 37:3308 R.S. 37:3308.1.2
C. A certificate Every license issued under this Chapter shall expire and3
become null and void unless on June 30th of each year. Each certificate shall be4
renewed annually on or before June 30th of each year in accordance with the5
procedure established by the board and upon payment of the renewal fee. 6
§3308.1. Causes for denial, revocation, or suspension; imposition of restrictions;7
costs; fines8
A. The board may refuse to issue a license to an applicant or may suspend,9
or revoke or impose probationary terms, conditions, or restrictions on any license10
issued pursuant to this Chapter if the licensee or applicant has committed any of the11
following acts:12
(1) Has been convicted of or entered a plea of guilty or nolo contendere to13
a criminal charge constituting a felony under the laws of Louisiana, of the United14
States, or of the state in which such conviction or plea was entered.15
(2) Has been convicted of or entered a plea of guilty or nolo contendere to16
any criminal charge arising out of or in connection with the practice of an athletic17
trainer.18
(3) Commits perjury, fraud, deceit, misrepresentation, or concealment of19
material facts in obtaining a license to practice as an athletic trainer.20
(4) Provides false testimony before the board or provides false sworn21
information to the board.22
(5) Engages in habitual or recurring abuse of drugs, including alcohol, which23
affect the central nervous system and which are capable of inducing physiological24
or psychological dependence.25
(6) Solicits patients or self-promotion through advertising or communication,26
public or private, which is fraudulent, false, deceptive, or misleading.27
(7) Makes or submits false, deceptive, or unfounded claims, reports, or28
opinions to any patient, insurance company, indemnity association, company,29 HLS 14RS-1045 REENGROSSED
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individual, or governmental authority for the purpose of obtaining anything of1
economic value.2
(8) Demonstrates cognitive or clinical incompetency.3
(9) Engages in unprofessional conduct.4
(10) Engages in continuing or recurring practice which fails to satisfy the5
prevailing and usually accepted standards of practice as an athletic trainer in this6
state.7
(11) Knowingly performs any act which in any way assists an unlicensed8
person to practice as an athletic trainer, or having professional connection with or9
lending one's name to an illegal practitioner.10
(12) Pays or gives anything of economic value to another person, firm, or11
corporation to induce the referral of injured athletes to an athletic trainer.12
(13) Has been interdicted by due process of law.13
(14) Has the inability to practice as an athletic trainer with reasonable14
competence, skill, or safety to patients because of mental or physical illness,15
condition, or deficiency, including but not limited to deterioration through the aging16
process or excessive use or abuse of drugs, including alcohol.17
(15) Refuses to submit to an examination and inquiry by an examining18
committee of physicians appointed by the board to inquire into the applicant's or19
licensee's physical or mental fitness and ability to practice as an athletic trainer with20
reasonable skill or safety.21
(16) Practices or otherwise engages in any conduct or functions beyond the22
scope of practice of an athletic trainer as defined by this Chapter or the board's rules.23
(17) Refusal of the licensing authority or another state to issue or renew a24
license, permit, or certificate to practice as an athletic trainer in that state, or the25
revocation, suspension, or other restriction imposed on a license, permit, or26
certificate issued by such licensing authority which prevents, restricts, or conditions27
practice, or the surrender of a license, permit, or certificate issued by another state28 HLS 14RS-1045 REENGROSSED
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when criminal or administrative charges are pending or threatened against the holder1
of such license, permit, or certificate.2
(18) Denial, revocation, suspension, probation, or other disciplinary sanction3
from the BOC or its successor for violation of the standards of professional practice.4
(19) Violation of any rules and regulations of the board, or any provisions5
of this Chapter.6
B. The board may, as part of a decision, consent order, or other agreed order,7
require the applicant or license holder to pay all costs of the board's proceedings and8
a fine not to exceed one thousand dollars.9
§3309.1. Hearing; consent order10
A. Denial, refusal to renew, suspension or revocation of a license, or the11
imposition of probationary terms, conditions, or restrictions upon a licensee, may be12
ordered by the board in a decision made after a hearing in accordance with13
procedures established by the Administrative Procedure Act, R.S. 49:950 et seq. or14
by consent of the parties.15
B. Any license suspended, revoked, or otherwise restricted may be reinstated16
by the board.17
§3311. Limitation Exemptions18
* * *19
C. The provisions of this Chapter shall not apply to any athletic training20
student pursuing a course of study leading to a degree in athletic training at an21
institution whose program is accredited, recognized, or approved by the CAATE, if22
such activities and services constitute a part of a supervised course of study and the23
individual's status is designated by a title which clearly indicates his status as an24
"athletic training student".25
* * *26
§3313. Display of license27
A license and renewal issued pursuant to the provisions of this Chapter shall28
be conspicuously displayed in the principal office of the licensee. Licensees shall,29 HLS 14RS-1045 REENGROSSED
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upon request, present proof of state licensure when engaged in professional activities1
as a licensed athletic trainer (LAT).2
Section 2. R.S. 37:3305, 3306, 3308, 3309, and 3310 are hereby repealed.3
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 La. Athletic Trainers Law.
Proposed law provides that La. 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 requires the La. State Board of Medical Examiners (board) 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 requires the board to 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 board shall approve, deny, revoke, suspend, probate, and
renew licensure of a duly qualified candidate.
Proposed law requires the board to conduct 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.
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. HLS 14RS-1045 REENGROSSED
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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 proposed law.
(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.
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 National Athletic Trainers' Association Board of
Certification, Inc (BOC) evidencing the successful passage of the BOC Certification
Examination or its successor. HLS 14RS-1045 REENGROSSED
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(2)A degree in athletic training from a Commission on Accreditation of 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 currently 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 qualification requirements of proposed law, upon the submission of a renewal
application and payment of the applicable renewal fee to the board during the year
immediately following the effective date of proposed law. An athletic trainer granted a
license pursuant to this provision of proposed law shall be required to meet all requirements
of proposed law prior to renewal upon expiration 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 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 (APA).
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 APA or by consent of the parties.
Present law authorizes the board to 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. HLS 14RS-1045 REENGROSSED
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Proposed law provides that any license suspended, revoked, or otherwise restricted may be
reinstated by the board.
Proposed law provides that provisions of the La. 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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Made technical corrections.
2. Added a definition for athlete.
3. Corrected the names of referenced organizations.
4. Removed the assessment component from the definition of emergency
management.
5. Clarified that an athletic trainer may use methods approved by any of the
following: the American Red Cross, the American Heart Association, or protocol
previously established by the athletic trainer and the team or consulting
physicians.
6. Clarified that an athletic trainer previously certified by the board shall be issued
a renewal license without having to meet the qualification requirements of
proposed law only during the year immediately following the effective date of
proposed law.
7. Changed the prohibited act of engaging in cognitive or clinical conduct to the
demonstration of cognitive or clinical incompetency.
House Floor Amendments to the engrossed bill.
1. Made technical changes.
2. Deleted requirement that a physician, other than a team physician, prescribing
treatment be a consulting physician for the team or athletic organization.