Louisiana 2014 2014 Regular Session

Louisiana House Bill HB691 Chaptered / Bill

                    ENROLLED
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ACT No. 418
Regular Session, 2014
HOUSE BILL NO. 691
BY REPRESENTATIVE BROADWATER
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
§3302.  Definitions 21
As used in this Chapter, the following words and phrases have the meanings22
hereinafter ascribed to them:23 ENROLLEDHB NO. 691
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(1) "Athlete" means an individual designated as such by the board, an1
educational institution, a professional athletic organization, or other board-approved2
organization who participates in an athletic activity sponsored by such institution or3
organization.4
(1)(2) "Athletic trainer" means a person an individual licensed by the board5
as an athletic trainer with the specific qualifications set forth in R.S. 37:3306 R.S.6
37:3306.1 who, under the direction and general supervision of a medical physician,7
carries out the practice of prevention, emergency management, and physical8
rehabilitation of injuries and sports-related conditions incurred by athletes. at, and9
any athletes participating in athletic competition or events sponsored by these10
organizations or other board sanctioned organization. In carrying out these11
functions, the athletic trainer shall use whatever physical modalities are prescribed12
by a team physician or consulting physician, or both.13
(2)(3) "Board" means the Louisiana State Board of Medical Examiners.14
(3)(4) "Board sanctioned approved organization" means one of the15
following:16
such associations (a)  Approved  organization, including but not limited to17
the Amateur Athletic Union, the International Olympic Committee and its affiliates,18
the Pan American Committee Sports Organization, the National Collegiate Athletic19
Association, the National Association of Intercollegiate Athletics, college and20
university intramural sports, and National High School Athletic Association sports21
events. of the National Federation of State High School Associations. 22
(b)  An organization, whose athletic activity meets one or more of the23
following:24
(i) Has an officially-designated coach or individual who has the25
responsibility for athletic activities of the organization.26
(ii) Has a regular schedule of practices or workouts that are supervised by27
an officially-designated coach or individual.28
(iii) Is an activity generally recognized as having an established schedule of29
competitive events or exhibitions.30 ENROLLEDHB NO. 691
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(iv) Has a policy that requires documentation of having a signed medical1
clearance by a licensed physician or other board authorized health care provider as2
a condition for participation for the athletic activities of the organization.3
(4) "Department" means the Louisiana Department of Health and Human4
Resources.5
(5)  "BOC" means the Board of Certification, Inc. or its successor.6
(6) "CAATE" means the Commission on Accreditation of Athletic Training7
Education or its successor. 8
(5)(7) "Educational institution" means a university, college, junior college,9
high school, junior high school, or grammar school, whether public or private.  10
(6)(8) "Emergency management" means the immediate care given to an11
injured athlete until the services of a physician can be obtained under the general12
supervision of the team or consulting physician. To accomplish this care, an athletic13
trainer may use such methods as accepted first aid procedures established approved14
by the American Red Cross, and the American Heart Association, and or protocol15
previously established by the athletic trainer and the team or consulting physicians.16
(9) "General supervision" means the service is furnished under a physician's17
overall direction and control, but the physician's presence shall not be required18
during the provision of service.19
(7)(10) "Medical physician Physician" means a person licensed to practice20
medicine by the board in the state who is qualified by training and experience to21
supervise an athletic trainer.22
(8)(11) "Physical rehabilitation" means the care given to athletes following23
injury and recovery.  These treatments and rehabilitation programs may consist of24
preestablished methods of physical modality use and exercise as prescribed by a25
team physician, consulting physician, or both. Physical rehabilitation also includes26
working cooperatively with and under the direction general supervision of a medical27
physician in with respect to the following:28
(a)  Reconditioning procedures.29
(b)  Operation of therapeutic devices and equipment.30 ENROLLEDHB NO. 691
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(c)  Fitting of braces, guards, and other protective devices.1
(d) Referrals to other physicians, auxiliary health services, and institutions.2
Referrals will be made with the agreement of the athlete or, in the case of a minor,3
with the agreement of a parent or guardian except when circumstances require4
emergency transfer and the parent or guardian is unavailable.5
(9)(12) "Practice of prevention" shall include but is not limited to the6
following:7
(a) Working cooperatively with supervisors and coaches in establishing and8
implementing a program of physical conditioning for athletes.9
(b) Applying protective or injury-preventive devices such as taping, padding,10
bandaging, strapping, wrapping, or bracing.11
(c) Working cooperatively with supervisors, coaches, and a team physician12
or consulting physician in the selection and fitting of protective athletic equipment13
for each athlete and constantly monitoring that equipment for safety.14
(d)  Counseling and advising supervisors, coaches, and athletes on physical15
conditioning and training such as diet, flexibility, rest, and reconditioning.16
§3303.  Louisiana State Board of Medical Examiners; powers and duties17
A.  The In addition to the powers and authority established by R.S. 37:1270,18
the board shall:19
(1) Keep a record of its proceedings regarding the regulation and20
certification licensure of athletic trainers in a book maintained for that purpose.21
(2) Keep a complete roster of all certified licensed athletic trainers and make22
a copy of the roster available to any person requesting it on payment of a fee23
established by the board as sufficient to cover the costs of the roster.24
(3)  Certify License athletic trainers in a manner consistent with the25
provisions of this Chapter.26
(4) Adopt rules and regulations necessary for the performance of its duties.27
(5)  Prescribe application forms for certification licensure.  28
(6)  Establish guidelines for athletic trainers in the state.29 ENROLLEDHB NO. 691
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(7) Approve, deny, revoke, suspend, probate, and renew licensure of a duly1
qualified applicant.2
(8) Conduct administrative hearings on the denial, suspension, revocation,3
or refusal to issue or renew a license.4
B.  The board shall conduct a certification examination at least once every5
year at a time and place fixed by the board.  6
C. The board shall require continuing education units to maintain7
certification licensure.8
D. C. The board shall, collect the following fees:  pursuant to the authority9
granted in R.S. 37:1281(A)(2), establish and collect fees in accordance with its rules10
for the purposes of carrying out the provisions of this Chapter.11
(1)Examination fee	$ 75.0012
(2)Athletic trainers certificate$ 35.0013
(3)Renewal fee	$ 25.0014
(4)Issuance of duplicate certificate$ 5.0015
E. D. The fees collected under pursuant to the provisions of this Chapter16
shall be credited to deposited in the treasury of the Louisiana State Board of Medical17
Examiners.18
§3304.  Exemptions from civil liability 19
A. There shall be no liability on the part of and no action for damages20
against any No member of the board or its agents or employees shall be liable in any21
civil action for any act performed in good faith in the execution of his duties under22
this Chapter.23
B. No person, committee, association, organization, firm, or corporation24
shall be held liable for damages pursuant to any law of the state of Louisiana or any25
political subdivision thereof for providing information to the board without malice26
and under the reasonable belief that such information is accurate, whether providing27
such information as a witness or otherwise.28 ENROLLEDHB NO. 691
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§3305.1.  Prohibited activities; false representation1
A. A person who is not licensed pursuant to this Chapter as an athletic trainer2
or whose license has been suspended or revoked shall not perform any of the3
following:4
(1)  Activities of an athletic trainer as defined in this Chapter.5
(2) Use in connection with his name or place of business the words "trainer",6
"licensed athletic trainer", "athletic trainer", "certified athletic trainer",7
"teacher/trainer", "first aid trainer", "sports trainer", "sports medic", the abbreviations8
"LAT", "ATC", "AT", or any other words, letters, abbreviations, or insignia9
indicating or implying that he is an athletic trainer, or in any way, orally, in writing,10
in print or by sign, directly or by implication, represent himself as an athletic trainer.11
B. However, nothing in this Chapter shall prevent an assigned athletic coach12
from administering and supervising his normal sports activities.13
§3306.1.  Qualifications14
A. A person who applies for an athletic trainer license shall possess all of the15
following qualifications:16
(1) A certificate issued by the BOC evidencing the successful passage of the17
BOC Certification Examination or its successor.18
(2) A degree in athletic training from a CAATE accredited program, or such19
comparable degree accepted by the BOC and approved by the board.20
(3)  Good moral character as determined by rules established by the board.21
B.(1)  Any person certified by the board as a certified athletic trainer on the22
effective date of this Subsection shall be issued a license by the board, without23
meeting the requirements of Subsection A of this Section, upon the submission of a24
renewal license application and payment of the applicable renewal fee to the board.25
(2) After a period of one year from the effective date of this Subsection, no26
athletic trainer shall be licensed pursuant to the provisions of R.S. 37:3306.1(B)(1).27 ENROLLEDHB NO. 691
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§3307.  Requirements for certification licensure1
A. A person who wishes to apply for an athletic trainer 	certificate license2
shall apply to the board on forms in a manner prescribed by the board and shall pay3
the examination fee required by R.S. 37:3303(D).4
B. The applicant shall be entitled to an athletic trainer's certificate license if5
he possesses the qualifications enumerated in R.S. 37:3306 R.S. 37:3306.1, and the6
rules and regulations established by the board, successfully completes the7
examination administered by the board to the satisfaction of the board pays the8
certificate license fee required established by the board, by R.S. 37:3303(D), and has9
not committed an act which constitutes grounds for denial of a certificate license10
under R.S. 37:3308 R.S. 37:3308.1.11
C.  A certificate Every license issued under this Chapter shall expire and12
become null and void unless on June 30th of each year.  Each certificate shall be13
renewed annually on or before June 30th of each year in accordance with the14
procedure established by the board and upon payment of the renewal fee.  15
§3308.1. Causes for denial, revocation, or suspension; imposition of restrictions;16
costs; fines17
A.  The board may refuse to issue a license to an applicant or may suspend,18
or revoke or impose probationary terms, conditions, or restrictions on any license19
issued pursuant to this Chapter if any of the following is applicable to the licensee20
or applicant:21
(1) Has been convicted of or entered a plea of guilty or nolo contendere to22
a criminal charge constituting a felony under the laws of Louisiana, of the United23
States, or of the state in which such conviction or plea was entered.24
(2) Has been convicted of or entered a plea of guilty or nolo contendere to25
any criminal charge arising out of or in connection with the practice of an athletic26
trainer.27
(3) Commits perjury, fraud, deceit, misrepresentation, or concealment of28
material facts in obtaining a license to practice as an athletic trainer.29 ENROLLEDHB NO. 691
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(4) Provides false testimony before the board or provides false sworn1
information to the board.2
(5) Engages in habitual or recurring abuse of drugs, including alcohol, which3
affect the central nervous system and which are capable of inducing physiological4
or psychological dependence.5
(6)  Solicits patients or self-promotion through advertising or communication,6
public or private, which is fraudulent, false, deceptive, or misleading.7
(7) Makes or submits false, deceptive, or unfounded claims, reports, or8
opinions to any patient, insurance company, indemnity association, company,9
individual, or governmental authority for the purpose of obtaining anything of10
economic value.11
(8)  Demonstrates cognitive or clinical incompetency.12
(9)  Engages in unprofessional conduct.13
(10) Engages in continuing or recurring practice which fails to satisfy the14
prevailing and usually accepted standards of practice as an athletic trainer in this15
state.16
(11) Knowingly performs any act which in any way assists an unlicensed17
person to practice as an athletic trainer, or having professional connection with or18
lending one's name to an illegal practitioner.19
(12) Pays or gives anything of economic value to another person, firm, or20
corporation to induce the referral of injured athletes to an athletic trainer.21
(13)  Has been interdicted by due process of law.22
(14) Is unable to practice as an athletic trainer with reasonable competence,23
skill, or safety to patients because of mental or physical illness, condition, or24
deficiency, including but not limited to deterioration through the aging process or25
excessive use or abuse of drugs, including alcohol.26
(15) Refuses to submit to an examination and inquiry by an examining27
committee of physicians appointed by the board to inquire into the applicant's or28
licensee's physical or mental fitness and ability to practice as an athletic trainer with29
reasonable skill or safety.30 ENROLLEDHB NO. 691
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(16) Practices or otherwise engages in any conduct or functions beyond the1
scope of practice of an athletic trainer as defined by this Chapter or the board's rules.2
(17) Has been subjected to the refusal of the licensing authority or another3
state to issue or renew a license, permit, or certificate to practice as an athletic trainer4
in that state, or the revocation, suspension, or other restriction imposed on a license,5
permit, or certificate issued by such licensing authority which prevents, restricts, or6
conditions practice, or the surrender of a license, permit, or certificate issued by7
another state when criminal or administrative charges are pending or threatened8
against the holder of such license, permit, or certificate.9
(18) Has been subjected to denial, revocation, suspension, probation, or other10
disciplinary sanction from the BOC or its successor for violation of the standards of11
professional practice.12
(19) Violated any rules and regulations of the board, or any provisions of this13
Chapter.14
B. The board may, as part of a decision, consent order, or other agreed order,15
require the applicant or license holder to pay all costs of the board's proceedings and16
a fine not to exceed one thousand dollars.17
§3309.1.  Hearing; consent order18
A. Denial, refusal to renew, suspension or revocation of a license, or the19
imposition of probationary terms, conditions, or restrictions upon a licensee, may be20
ordered by the board in a decision made after a hearing in accordance with21
procedures established by the Administrative Procedure Act, R.S. 49:950 et seq. or22
by consent of the parties.23
B. Any license suspended, revoked, or otherwise restricted may be reinstated24
by the board.25
§3311.  Limitation Exemptions26
*          *          *27
C. The provisions of this Chapter shall not apply to any athletic training28
student pursuing a course of study leading to a degree in athletic training at an29
institution whose program is accredited, recognized, or approved by the CAATE, if30 ENROLLEDHB NO. 691
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such activities and services constitute a part of a supervised course of study and the1
individual's status is designated by a title which clearly indicates his status as an2
"athletic training student".3
*          *          *4
§3313.  Display of license5
A license and renewal issued pursuant to the provisions of this Chapter shall6
be conspicuously displayed in the principal office of the licensee.  Licensees shall,7
upon request, present proof of state licensure when engaged in professional activities8
as a licensed athletic trainer (LAT).9
Section 2.  R.S. 37:3305, 3306, 3308, 3309, and 3310 are hereby repealed.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: