Louisiana 2014 2014 Regular Session

Louisiana House Bill HB691 Comm Sub / Analysis

                    Broadwater (HB 691)	Act No. 418
New law provides that the purpose of the La. Athletic Trainers Law is to protect the public
health, safety, and welfare by providing for the licensing and regulation of the practice of
athletic trainers in La.
Prior law provided for an athletic trainers certificate.
New law removes the reference to an athletic trainers certificate and changes it to an athletic
trainers license.
New law defines "athlete" as an individual designated as such by the board, an educational
institution, a professional athletic organization, or other board-approved organization who
participates in an athletic activity sponsored by such institution or organization.
Prior law defined "athletic trainer" as a person with the specific qualifications set forth in law
who, under the direction and supervision of a medical physician, carries out the practice of
prevention, emergency management, and physical rehabilitation of injuries incurred by
athletes at, and any athletes participating in athletic competition or events sponsored by these
organizations or other board sanctioned organization.
New law defines "athletic trainer" as an individual  licensed by the board as an athletic
trainer with the specific qualifications set forth in law who, under the general supervision
of a physician, carries out the practice of prevention, emergency management, and physical
rehabilitation of injuries and sports-related conditions incurred by athletes.
Prior law defined "board sanctioned" as such associations including but not limited to the
Amateur Athletic Union, the International Olympic Committee and its affiliates, the Pan
American Committee, the National Collegiate Athletic Association, the National Association
of Intercollegiate Athletics, college and university intramural sports, and National High
School Athletic Association sports events.
New law defines "board approved organization" as one of the following:
(1)An approved organization, including but not limited to the Amateur Athletic Union,
the International Olympic Committee and its affiliates, the Pan American Sports
Organization, the National Collegiate Athletic Association, the National Association
of Intercollegiate Athletics, college and university intramural sports, and sports
events of the National Federation of State High School Associations.
(2)An organization, whose athletic activity meets one or more of the following:
(a)Has an officially-designa ted coach or individual who has the responsibility
for athletic activities of the organization.
(b)Has a regular schedule of practices or workouts that are supervised by an
officially-designated coach or individual.
(c)Is an activity generally recognized as having an established schedule of
competitive events or exhibitions.
(d)Has a policy that requires documentation of having a signed medical
clearance by a licensed physician or other board authorized health care
provider as a condition for participation for the athletic activities of the
organization.
Prior law required the La. State Board of Medical Examiners (board) to 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).
New 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. New law authorizes the board to approve, deny, revoke, suspend, probate, and renew
licensure of a duly qualified candidate.
New law requires the board to conduct administrative hearings on the denial, suspension,
revocation, or refusal to issue or to renew a license.
Prior law provided immunity from liability for any member of the board in any civil action
performed in good faith in the execution of his duties.
New 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.
New 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, whether providing such information as
a witness or otherwise.
Prior law prohibited a person from holding himself out as an athletic trainer or performing,
for compensation or any other means of remuneration, any of the activities of an athletic
trainer without first obtaining a certificate, but did not prohibit a person from serving as a
student-trainer, assistant trainer, teacher-trainer, or any similar position.
Prior law did not require the certification of athletic trainers at nonpublic schools and did not
prevent an assigned athletic coach from administering and supervising his normal sports
activities.
New law 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 new 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.
New law shall not prevent an assigned athletic coach from administering and supervising his
normal sports activities.
Prior law required a person who applied for an athletic trainer certificate to 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 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 must have spent two years in association with an athletic team, shown
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 must have been consecutive years under such supervision, military duty
excepted. An applicant for certification must 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. Prior law authorized the board to certify as an athletic trainer in this state, after a written
examination given by the board, any person who had been so certified or licensed in another
state of the United States and who met all requirements of prior law.
New law requires a person who applies for an athletic trainer license to 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.
(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.
New law provides that a person currently certified by the board as a certified athletic trainer
on August 1, 2014, shall be issued a license by the board, without meeting the qualification
requirements of new 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 new law. An athletic trainer granted a license pursuant to this provision of new law is
required to meet all requirements of new law prior to renewal upon expiration of the license
issued pursuant to this provision of new law.
Prior law required a person to apply for an athletic trainer certificate by applying to the board
on forms prescribed by the board and paying the examination fee required.
Prior law provided that the applicant was entitled to an athletic trainer's certificate if the
applicant possessed the qualifications enumerated in prior law, successfully completed the
examination administered by the board to the satisfaction of the board, paid the certificate
fee required, and had not committed an act which constituted grounds for denial of a
certificate under prior law. 
Prior law provided that a certificate expired on June 30th of each year. Each certificate was
to 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.
New law repeals prior law.
New law authorizes the board to refuse to issue a license to an applicant or to suspend,
revoke, or impose probationary terms, conditions or restrictions on any license if the
applicant has committed any one of a list of acts.
New law further authorizes the board, as part of a decision, consent order, or other agreed
order, to require the applicant or license holder to pay all costs of the board's proceedings and
a fine not to exceed $1,000.
Prior law provided that any person whose application for a certificate or for renewal of a
certificate had been denied was entitled to a hearing in accordance with procedures
established by the Administrative Procedure Act (APA).
Prior law authorized the board to suspend or revoke a certificate for any cause stated in prior
law, but only after notice and opportunity for a hearing were provided to the certificate
holder. Proceedings for the revocation or suspension of a certificate were to be commenced
by filing charges against the certificate holder in writing and under oath with the board.
New 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.
New law provides that any license suspended, revoked, or otherwise restricted may be
reinstated by the board. New 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 the
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".
New law requires a license to be conspicuously displayed in the principal office of the
licensee. Licensees are required, upon request, to present proof of state licensure when
engaged in professional activities as a licensed athletic trainer (LAT).
Effective Aug. 1, 2014.
(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)