New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S135 Compare Versions

Only one version of the bill is available at this time.

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1	1	SENATE, No. 135 STATE OF NEW JERSEY 220th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
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3	3	SENATE, No. 135
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7	7	STATE OF NEW JERSEY
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9	9	220th LEGISLATURE
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13	13	PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
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17	17	Sponsored by: Senator PATRICK J. DIEGNAN, JR. District 18 (Middlesex) SYNOPSIS Revises "Athletic Training Licensure Act." CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel.
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21	21	Sponsored by:
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23	23	Senator PATRICK J. DIEGNAN, JR.
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25	25	District 18 (Middlesex)
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35	35	SYNOPSIS
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37	37	Revises "Athletic Training Licensure Act."
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41	41	CURRENT VERSION OF TEXT
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43	43	Introduced Pending Technical Review by Legislative Counsel.
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47	47	An Act concerning athletic training, revising various parts of the statutory law and repealing section 7 of P.L.1984, c.203. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 2 of P.L.1984, c.203 (C.45:9-37.36) is amended to read as follows: 2. As used in this act: a. "Advisory committee" means the Athletic Training Advisory Committee established in section 5 of P.L.1984, c.203 (C.45:9-37.39); b. ["Athlete" means an individual who participates in strenuous physical exercise, physical conditioning, or a sport;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill) c. "Athletic trainer" means a person who practices athletic training; d. "Athletic training" means and includes [the practice of physical conditioning and reconditioning of athletes and the prevention of injuries incurred by athletes] but is not limited to: the treatment of an individual for injury prevention and health management; the clinical evaluation and assessment of an individual for an injury or illness, or both; and the rehabilitation and reconditioning of an individual's injury or illness, or both, as recommended by the advisory committee and defined in regulations by the board. Athletic training shall also include the application of physical treatment modalities to athletes under a plan of care designed and overseen by a physician licensed in this State, as recommended by the advisory committee and defined in regulations by the board; e. "Board" means the State Board of Medical Examiners; f. "Supervision" means that a physician licensed in this State is accessible to an athletic trainer, either on-site [or through] , by voice, or electronic communication, during athletic training. (cf: P.L.2007, c.323, s.1) 2. Section 3 of P.L.1984, c.203 (C.45:9-37.37) is amended to read as follows: 3. a. No person shall practice or hold himself out as being able to practice athletic training in this State unless licensed in accordance with the provisions of P.L.1984, c.203 (C.45:9-37.35 et seq.). b. [A licensed athletic trainer may provide athletic training only: (1) (a) to athletes engaged in interscholastic, intercollegiate, or intramural athletic activities which are being conducted by an educational institution licensed in this State; or (b) to professional athletes; or (2) to athletes in any setting when the athletic trainer is under the supervision of a physician licensed in this State] Nothing in P.L.1984, c.203 (C.45:9-37.35 et seq.) shall be construed to authorize the interpretation of data for the purpose of diagnosing disease, organic condition or the practice of medicine and surgery, chiropractic, podiatry, occupational therapy, physical therapy, or prosthetics by a person who is not licensed to practice as such pursuant to Title 45 of the Revised Statutes. c. An athletic trainer shall immediately refer an [athlete] individual to an appropriate health care professional licensed in this State if the athletic trainer has reasonable cause to believe that athletic training is contraindicated or symptoms or conditions are present that require services outside the scope of an athletic trainer's practice. (cf: P.L.2007, c.323, s.2) 3. Section 6 of P.L.1984, c.203 (C.45:9-37.40) is amended to read as follows: 6. a. Beginning on the effective date of P.L.2001, c.156, it shall be unlawful for any person, other than an athletic trainer licensed pursuant to P.L.1984, c.203 (C.45:9-37.35 et seq.) to practice athletic training in this State unless licensed in accordance with the provisions of this act. Nothing in this act, however, shall prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed. b. This act shall not prohibit: a candidate for licensure as an athletic trainer from accumulating the mandated number of hours of supervised clinical experience under the direction of a licensed athletic trainer; a student enrolled in a school or educational program of athletic training approved by the board from performing acts of athletic training incidental to the course of study, if the performance is under the direction of a licensed athletic trainer; a student in any educational program in the healing arts approved or accredited under the laws of this State from carrying out prescribed courses of study; a person employed by any agency, bureau or division of the federal government from discharging his official duties; or a person in connection with employment as an athletic trainer by a nonresident [athlete] individual, educational institution or recognized athletic organization temporarily visiting in this State, from practicing athletic training for a period not to exceed 90 days in one calendar year provided he is lawfully permitted to work as an athletic trainer in the state of residence of his employer. c. The provisions of this act are not intended to limit the activities of persons legitimately engaged in the administration of nontherapeutic baths, massage and normal exercise. (cf: P.L.2007, c.323, s.4) 4. Section 10 of P.L.1984, c.203 (C.45:9-37.44) is amended to read as follows: 10. a. On payment to the board of the application fee as provided in section 14 of [this act] P.L.1984, c.203 (C.45:9-37.48), and upon approval of the application, the board shall issue a license to any person who successfully passes the examination provided in section 9 of [this act] P.L.1984, c.203 (C.45:9-37.43). b. The licensee shall display, or carry on the licensee's person if displaying is not possible, a practicing license at any place the licensee renders services. c. Any license displayed pursuant to subsection b. of this section may be displayed in a manner which prevents the public display of the licensee's home address, provided that the license is not permanently defaced or altered, and the license and all the information contained thereon, including the address of record, can be presented upon the request of a person conducting an investigation. (cf: P.L.2001, c.156, s.7) 5. Section 7 of P.L.1984, c.203 (C.45:9-37.41) is repealed. 6. This act shall take effect immediately. STATEMENT This bill revises the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.). The bill amends the definition of "athletic training" in the act to include the treatment of an individual for injury prevention and health management; the clinical evaluation and assessment of an individual for an injury or illness, or both; and the rehabilitation and reconditioning of an individual's injury or illness, or both. The bill also clarifies that nothing in the act is to be construed as authorizing the interpretation of data for the purpose of diagnosing disease, organic condition or the practice of various licensed health care professions, including the practice of medicine and surgery, chiropractic, podiatry, occupational therapy, physical therapy, or prosthetics, by a person who is not licensed to practice such profession. The bill's revisions to the act include various amendments to delete references to "athlete," thereby acknowledging the fact that athletic trainers provide services to persons generally, rather than athletes specifically. The bill requires athletic trainers to display, or carry on the athletic trainer's person if displaying is not possible, a practicing license at any place the athletic trainer renders services. The bill also repeals a section of the act that prohibits an athletic trainer from practicing, or from being employed by any individual or entity to do, physical therapy procedures for reimbursement unless the athletic trainer is licensed pursuant to the "Physical Therapist Licensing Act of 1983."
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49	49	An Act concerning athletic training, revising various parts of the statutory law and repealing section 7 of P.L.1984, c.203.
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53	53	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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57	57	1. Section 2 of P.L.1984, c.203 (C.45:9-37.36) is amended to read as follows:
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59	59	2. As used in this act:
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61	61	a. "Advisory committee" means the Athletic Training Advisory Committee established in section 5 of P.L.1984, c.203 (C.45:9-37.39);
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63	63	b. ["Athlete" means an individual who participates in strenuous physical exercise, physical conditioning, or a sport;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
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65	65	c. "Athletic trainer" means a person who practices athletic training;
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67	67	d. "Athletic training" means and includes [the practice of physical conditioning and reconditioning of athletes and the prevention of injuries incurred by athletes] but is not limited to: the treatment of an individual for injury prevention and health management; the clinical evaluation and assessment of an individual for an injury or illness, or both; and the rehabilitation and reconditioning of an individual's injury or illness, or both, as recommended by the advisory committee and defined in regulations by the board. Athletic training shall also include the application of physical treatment modalities to athletes under a plan of care designed and overseen by a physician licensed in this State, as recommended by the advisory committee and defined in regulations by the board;
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69	69	e. "Board" means the State Board of Medical Examiners;
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71	71	f. "Supervision" means that a physician licensed in this State is accessible to an athletic trainer, either on-site [or through] , by voice, or electronic communication, during athletic training.
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73	73	(cf: P.L.2007, c.323, s.1)
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77	77	2. Section 3 of P.L.1984, c.203 (C.45:9-37.37) is amended to read as follows:
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79	79	3. a. No person shall practice or hold himself out as being able to practice athletic training in this State unless licensed in accordance with the provisions of P.L.1984, c.203 (C.45:9-37.35 et seq.).
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81	81	b. [A licensed athletic trainer may provide athletic training only:
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83	83	(1) (a) to athletes engaged in interscholastic, intercollegiate, or intramural athletic activities which are being conducted by an educational institution licensed in this State; or (b) to professional athletes; or
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85	85	(2) to athletes in any setting when the athletic trainer is under the supervision of a physician licensed in this State] Nothing in P.L.1984, c.203 (C.45:9-37.35 et seq.) shall be construed to authorize the interpretation of data for the purpose of diagnosing disease, organic condition or the practice of medicine and surgery, chiropractic, podiatry, occupational therapy, physical therapy, or prosthetics by a person who is not licensed to practice as such pursuant to Title 45 of the Revised Statutes.
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87	87	c. An athletic trainer shall immediately refer an [athlete] individual to an appropriate health care professional licensed in this State if the athletic trainer has reasonable cause to believe that athletic training is contraindicated or symptoms or conditions are present that require services outside the scope of an athletic trainer's practice.
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89	89	(cf: P.L.2007, c.323, s.2)
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93	93	3. Section 6 of P.L.1984, c.203 (C.45:9-37.40) is amended to read as follows:
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95	95	6. a. Beginning on the effective date of P.L.2001, c.156, it shall be unlawful for any person, other than an athletic trainer licensed pursuant to P.L.1984, c.203 (C.45:9-37.35 et seq.) to practice athletic training in this State unless licensed in accordance with the provisions of this act. Nothing in this act, however, shall prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed.
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97	97	b. This act shall not prohibit: a candidate for licensure as an athletic trainer from accumulating the mandated number of hours of supervised clinical experience under the direction of a licensed athletic trainer; a student enrolled in a school or educational program of athletic training approved by the board from performing acts of athletic training incidental to the course of study, if the performance is under the direction of a licensed athletic trainer; a student in any educational program in the healing arts approved or accredited under the laws of this State from carrying out prescribed courses of study; a person employed by any agency, bureau or division of the federal government from discharging his official duties; or a person in connection with employment as an athletic trainer by a nonresident [athlete] individual, educational institution or recognized athletic organization temporarily visiting in this State, from practicing athletic training for a period not to exceed 90 days in one calendar year provided he is lawfully permitted to work as an athletic trainer in the state of residence of his employer.
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99	99	c. The provisions of this act are not intended to limit the activities of persons legitimately engaged in the administration of nontherapeutic baths, massage and normal exercise.
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101	101	(cf: P.L.2007, c.323, s.4)
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105	105	4. Section 10 of P.L.1984, c.203 (C.45:9-37.44) is amended to read as follows:
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107	107	10. a. On payment to the board of the application fee as provided in section 14 of [this act] P.L.1984, c.203 (C.45:9-37.48), and upon approval of the application, the board shall issue a license to any person who successfully passes the examination provided in section 9 of [this act] P.L.1984, c.203 (C.45:9-37.43).
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109	109	b. The licensee shall display, or carry on the licensee's person if displaying is not possible, a practicing license at any place the licensee renders services.
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111	111	c. Any license displayed pursuant to subsection b. of this section may be displayed in a manner which prevents the public display of the licensee's home address, provided that the license is not permanently defaced or altered, and the license and all the information contained thereon, including the address of record, can be presented upon the request of a person conducting an investigation.
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113	113	(cf: P.L.2001, c.156, s.7)
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117	117	5. Section 7 of P.L.1984, c.203 (C.45:9-37.41) is repealed.
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121	121	6. This act shall take effect immediately.
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127	127	STATEMENT
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131	131	This bill revises the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).
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133	133	The bill amends the definition of "athletic training" in the act to include the treatment of an individual for injury prevention and health management; the clinical evaluation and assessment of an individual for an injury or illness, or both; and the rehabilitation and reconditioning of an individual's injury or illness, or both.
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135	135	The bill also clarifies that nothing in the act is to be construed as authorizing the interpretation of data for the purpose of diagnosing disease, organic condition or the practice of various licensed health care professions, including the practice of medicine and surgery, chiropractic, podiatry, occupational therapy, physical therapy, or prosthetics, by a person who is not licensed to practice such profession. The bill's revisions to the act include various amendments to delete references to "athlete," thereby acknowledging the fact that athletic trainers provide services to persons generally, rather than athletes specifically.
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137	137	The bill requires athletic trainers to display, or carry on the athletic trainer's person if displaying is not possible, a practicing license at any place the athletic trainer renders services.
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139	139	The bill also repeals a section of the act that prohibits an athletic trainer from practicing, or from being employed by any individual or entity to do, physical therapy procedures for reimbursement unless the athletic trainer is licensed pursuant to the "Physical Therapist Licensing Act of 1983."