STATE OF NEW YORK ________________________________________________________________________ 942--A 2023-2024 Regular Sessions IN SENATE January 9, 2023 ___________ Introduced by Sens. BAILEY, GALLIVAN, MURRAY, SKOUFIS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to requiring licensure of athletic trainers; and to amend the social services law, in relation to making athletic trainers mandatory reporters of suspected child abuse or maltreatment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8351 of the education law, as amended by chapter 2 658 of the laws of 1993, is amended to read as follows: 3 § 8351. Definition. 1. As used in this article "athletic trainer" 4 means any person who is duly [certified] licensed in accordance with 5 this article to perform athletic training under the supervision of a 6 physician and limits his or her practice to secondary schools, insti- 7 tutions of postsecondary education, professional athletic organizations, 8 amateur athletic organizations, non-profit athletic organizations, [or a 9 person who, under the supervision of a physician, carries out comparable 10 functions on orthopedic athletic injuries, excluding spinal cord inju- 11 ries, in a health care organization] dance organizations, military acad- 12 emies and facilities of the United States, fire training programs or 13 academies, and police training schools and academies. An athletic 14 trainer may also, under the supervision of a physician in a health care 15 organization or a physician's private practice, carry out comparable 16 functions on orthopedic athletic injuries. 17 2. Supervision of an athletic trainer by a physician shall be contin- 18 uous but shall not be construed as requiring the physical presence of 19 the supervising physician at the time and place where such services are 20 performed, provided however, that such supervision shall include a 21 signed written agreement or protocol created collaboratively between the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02032-09-3
S. 942--A 2 1 supervising physician and licensed athletic trainer. The written agree- 2 ment or protocol shall address and describe the nature and scope of 3 athletic training services to be performed by such licensed athletic 4 trainer, in accordance with this title. Such written agreement or 5 protocol shall be reviewed at least once a year by the supervising 6 physician and athletic trainer and revised if necessary. No physician 7 shall supervise more than four athletic trainers, except that such limi- 8 tation shall not apply for athletic trainers practicing in secondary 9 schools, and institutions of postsecondary education, who are practicing 10 under the supervision of a physician who serves as the medical director 11 for such school or institution. 12 3. An athletic trainer shall make a written or oral referral to a 13 physician of any individual being treated for an orthopedic athletic 14 injury whose symptoms have not improved for a period of four days from 15 the day of onset. An individual treated for an orthopedic athletic inju- 16 ry by an athletic trainer in a healthcare organization or a physician's 17 private practice shall receive a medical evaluation or reevaluation if 18 treatment by the athletic trainer exceeds two weeks. 19 4. The scope of work described herein shall not be construed as 20 authorizing [the reconditioning of neurologic injuries, conditions or 21 disease] the management and treatment of neurological injuries, condi- 22 tions, or diseases, except for initial evaluation and triage of emergent 23 neurological conditions. 24 § 2. Section 8352 of the education law, as amended by chapter 658 of 25 the laws of 1993, is amended to read as follows: 26 § 8352. Definition of [practice of] athletic training. The practice of 27 the profession of athletic training is defined as [the application of 28 principles, methods and procedures for managing athletic injuries, which 29 shall include the preconditioning, conditioning and reconditioning of an 30 individual who has suffered an athletic injury through the use of appro- 31 priate preventative and supportive devices, under the supervision of a 32 physician and recognizing illness and referring to the appropriate 33 medical professional with implementation of treatment pursuant to physi- 34 cian's orders. Athletic training includes instruction to coaches, 35 athletes, parents, medical personnel and communities in the area of care 36 and prevention of athletic injuries. 37 The scope of work described herein shall not be construed as authoriz- 38 ing the reconditioning of neurologic injuries, conditions or disease.]: 39 1. The prevention, recognition, examination, evaluation, assessment, 40 management, treatment and rehabilitation of athletic injuries; 41 2. The recognition of illness and referral to the appropriate medical 42 professional with implementation of treatment pursuant to physician's 43 orders; 44 3. Instruction to coaches, athletes, parents, medical personnel, and 45 communities in the area of care and prevention of athletic injuries; and 46 4. The use of clinically appropriate therapeutic modalities and tech- 47 niques, including the use of: 48 (a) Physical, chemical, and mechanical means including the use of 49 heat, cold, light, air, water, sound, electricity, massage, mobilization 50 as it relates to athletic training, including non-thrust mobilization, 51 and exercise; and 52 (b) Appropriate preventative and supportive devices and temporary 53 splinting or bracing. 54 § 3. Section 8353 of the education law, as added by chapter 798 of the 55 laws of 1992, is amended to read as follows:
S. 942--A 3 1 § 8353. Use of the title "[certified] licensed athletic trainer". 2 Only a person [certified] licensed or otherwise authorized under this 3 article shall use the title "[certified] licensed athletic trainer", 4 "athletic trainer", or the abbreviation "AT" or "LAT" in connection with 5 his or her name or with any trade name in the conduct of his or her 6 profession. Only a person licensed or otherwise authorized under this 7 article shall practice athletic training. 8 § 4. Section 8354 of the education law, as added by chapter 798 of the 9 laws of 1992, is amended to read as follows: 10 § 8354. State committee for athletic trainers. A state committee for 11 athletic trainers shall be appointed by the board of regents, upon the 12 recommendation of the commissioner and shall assist on matters of 13 [certification] professional licensing and professional conduct in 14 accordance with section six thousand five hundred eight of this title. 15 The committee shall consist of [five] seven members [who], five of whom 16 are athletic trainers [certified] licensed in this state, one physician 17 who is licensed in the state and certified by a physician specialty 18 certification organization acceptable to the department in the special- 19 ties of orthopedic surgery, primary care, family practice, sports medi- 20 cine, or neurology, and one public member that is a consumer of the 21 profession. The committee shall assist the state board for medicine in 22 athletic training matters. Nominations and terms of office of the 23 members of the state committee for athletic trainers shall conform to 24 the corresponding provisions relating thereto for state boards under 25 article one hundred thirty of title eight of this chapter. [Notwith- 26 standing the foregoing, the members of the first committee need not be 27 certified prior to their appointment to the committee.] 28 § 5. Section 8355 of the education law, as added by chapter 798 of the 29 laws of 1992, is amended to read as follows: 30 § 8355. Requirements and procedure for professional [certification] 31 licensure. [For certification as a certified] To qualify for a license 32 as an athletic trainer under this article, an applicant shall fulfill 33 the following requirements: 34 1. Application: file an application with the department; 35 2. Education: have received an education including a bachelor's, its 36 equivalent or higher degree in accordance with the commissioner's regu- 37 lations; 38 3. Experience: have experience in accordance with the commissioner's 39 regulations; 40 4. Examination: pass an examination in accordance with the commission- 41 er's regulations; 42 5. Age: be at least twenty-one years of age; [and] 43 6. Fees: pay a fee for an initial [certificate] license of one hundred 44 fifty-eight dollars to the department; and a fee of [fifty] fifty-eight 45 dollars for each triennial registration period[.]; and 46 7. Character: be of good moral character as determined by the depart- 47 ment. 48 § 6. Section 8356 of the education law, as amended by chapter 658 of 49 the laws of 1993, is amended to read as follows: 50 § 8356. [Special provisions. A person shall be certified without exam- 51 ination provided that, within three years from the effective date of 52 regulations implementing the provisions of this article, the individual: 53 1. files an application and pays the appropriate fees to the depart- 54 ment; and
S. 942--A 4 1 2. meets the requirements of subdivisions two and five of section 2 eight thousand three hundred fifty-five of this article and who in addi- 3 tion: 4 (a) has been actively engaged in the profession of athletic training 5 for a minimum of four years during the seven years immediately preceding 6 the effective date of this article; or 7 (b) is certified by a United States certifying body acceptable to the 8 department.] Exempt persons. This article shall not be construed to 9 affect or prevent: 10 1. Qualified members of other licensed or legally recognized 11 professions from performing work incidental to the practice of their 12 profession, except that such persons may not hold themselves out under 13 the title athletic trainer or as performing athletic training. 14 2. An athletic training student from engaging in clinical practice 15 under the supervision of a licensed athletic trainer as part of a 16 program of study approved by the department. 17 3. An athletic trainer licensed in another state or country from 18 conducting a teaching clinical demonstration in connection with a 19 program of basic clinical education, graduate education, or post-gradu- 20 ate education in an approved school of athletic training, or in a clin- 21 ical facility, or a health care agency. 22 § 7. The education law is amended by adding a new section 8356-a to 23 read as follows: 24 § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet- 25 ic trainer, licensed pursuant to this article, shall be required to 26 register triennially with the department to practice in the state and 27 shall comply with the provisions of the mandatory continuing education 28 requirements prescribed in subdivision two of this section except as set 29 forth in paragraphs (b) and (c) of this subdivision. Licensed athletic 30 trainers who do not satisfy such mandatory continuing education require- 31 ments shall not practice until they have met such requirements, and have 32 been issued a registration certificate, except that a licensed athletic 33 trainer may practice without having met such requirements if he or she 34 is issued a conditional registration certificate pursuant to subdivision 35 three of this section. 36 (b) Each licensed athletic trainer shall be exempt from the mandatory 37 continuing education requirement for the triennial registration period 38 during which he or she is first licensed. In accordance with the intent 39 of this section, adjustment to the mandatory continuing education 40 requirement may be granted by the department for reasons of health 41 certified by an appropriate health care professional, for extended 42 active duty with the armed forces of the United States, or for other 43 good cause acceptable to the department which may prevent compliance. 44 (c) A licensed athletic trainer not engaged in practice, as determined 45 by the department, shall be exempt from the mandatory continuing educa- 46 tion requirement upon the filing of a statement with the department 47 declaring such status. Any licensee who returns to the practice of 48 athletic training during the triennial registration period shall notify 49 the department prior to reentering the profession and shall meet such 50 mandatory education requirements as shall be prescribed by regulations 51 of the commissioner. 52 2. During each triennial registration period, an applicant for regis- 53 tration as a licensed athletic trainer shall complete a minimum of 54 forty-five hours of acceptable formal continuing education, as specified 55 in subdivision four of this section, provided that no more than fifteen 56 hours of such continuing education shall consist of self-study cours-
S. 942--A 5 1 es. Any licensed athletic trainer whose first registration date follow- 2 ing the effective date of this section occurs less than three years from 3 such effective date shall complete continuing education hours on a 4 prorated basis, as determined by the department, beginning on such 5 effective date until his or her first registration date thereafter. A 6 licensee who has not satisfied the mandatory continuing education 7 requirements shall not be issued a triennial registration certificate by 8 the department and shall not practice unless and until a conditional 9 registration certificate is issued as provided for in subdivision three 10 of this section. Continuing education hours taken during one triennium 11 shall not be transferred to a subsequent triennium. 12 3. The department, in its discretion, may issue a conditional regis- 13 tration to a licensee who fails to meet the continuing education 14 requirements established in subdivision two of this section but who 15 agrees to make up any deficiencies and complete any additional education 16 which the department may require. The fee for such a conditional regis- 17 tration shall be the same as, and in addition to, the fee for the trien- 18 nial registration. The duration of such conditional registration shall 19 be determined by the department but shall not exceed one year. Any 20 licensee who is notified of the denial of registration for failure to 21 submit evidence, satisfactory to the department, of required continuing 22 education and who practices without such registration may be subject to 23 disciplinary proceedings pursuant to section sixty-five hundred ten of 24 this title. 25 4. For purposes of this section: (a) "Acceptable learning activities" 26 shall include, but not be limited to, formal courses of learning which 27 contribute to professional practice in athletic training and/or self- 28 study activities; independent study; formal mentoring activities; publi- 29 cation in professional journals; or lectures, which meet the standards 30 prescribed by regulations of the commissioner; and 31 (b) "Formal courses of learning" shall include, but not be limited to, 32 collegiate level credit and non-credit courses, professional development 33 programs and technical sessions offered by national, state and local 34 professional associations and any other organizations acceptable to the 35 department, and any other organized educational and technical programs 36 acceptable to the department. Formal courses shall be taken from a spon- 37 sor approved by the department, based upon an application and fee, 38 pursuant to the regulations of the commissioner. 39 5. The department may, in its discretion and as needed to contribute 40 to the health and welfare of the public, require the completion of 41 continuing education credits in specific subjects to fulfill the manda- 42 tory continuing education requirement under this section. 43 6. A licensed athletic trainer shall maintain adequate documentation 44 of completion of acceptable formal continuing education and shall 45 provide such documentation at the request of the department. Failure to 46 provide such documentation upon the request of the department shall be 47 an act of misconduct subject to disciplinary proceedings pursuant to 48 section sixty-five hundred ten of this title. 49 7. The mandatory continuing education fee shall be payable on or 50 before the first day of each triennial registration period, and shall be 51 paid in addition to the triennial registration fee required by section 52 eighty-three hundred fifty-five of this article. 53 § 8. Section 8357 of the education law, as added by chapter 798 of the 54 laws of 1992, is amended to read as follows: 55 § 8357. Non-liability of [certified] licensed athletic trainers for 56 first aid or emergency treatment. Notwithstanding any inconsistent
S. 942--A 6 1 provision of any general, special or local law, any [certified] licensed 2 athletic trainer who voluntarily and without the expectation of monetary 3 compensation renders first aid or emergency treatment at the scene of an 4 accident or other emergency, outside a hospital, doctor's office or any 5 other place having proper and necessary athletic training equipment, to 6 a person who is unconscious, ill or injured, shall not be liable for 7 damages for injuries alleged to have been sustained by such person or 8 for damages for the death of such person alleged to have occurred by 9 reason of an act or omission in the rendering of such first aid or emer- 10 gency treatment unless it is established that such injuries were or such 11 death was caused by gross negligence on the part of such athletic train- 12 er. Nothing in this section shall be deemed or construed to relieve a 13 [certified] licensed athletic trainer from liability for damages for 14 injuries or death caused by an act or omission on the part of an athlet- 15 ic trainer while rendering professional services in the normal and ordi- 16 nary course of his or her practice. 17 § 9. Section 8358 of the education law is renumbered section 8360 and 18 two new sections 8358 and 8359 are added to read as follows: 19 § 8358. Limited permits. 1. The department may issue a limited permit 20 to an applicant who meets all qualifications for licensure, except the 21 examination, in accordance with regulations promulgated therefor. 22 2. Limited permits shall be valid for one year, and such limited 23 permits may be renewed, at the discretion of the department, for one 24 additional year. 25 3. The fee for each limited permit and for each renewal shall be 26 seventy dollars. 27 4. A limited permit holder shall practice only under the supervision 28 of a physician as determined in accordance with the commissioner's regu- 29 lations. 30 § 8359. Special provisions. Any person who is certified as an athletic 31 trainer on the effective date of this article shall be licensed as an 32 athletic trainer without meeting any additional requirements. 33 § 10. Paragraph a of subdivision 3 of section 6507 of the education 34 law, as amended by chapter 479 of the laws of 2022, is amended to read 35 as follows: 36 a. Establish standards for preprofessional and professional education, 37 experience and licensing examinations as required to implement the arti- 38 cle for each profession. Notwithstanding any other provision of law, the 39 commissioner shall establish standards requiring that all persons apply- 40 ing, on or after January first, nineteen hundred ninety-one, initially, 41 or for the renewal of, a license, registration or limited permit to be a 42 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 43 trist, psychiatrist, psychologist, licensed master social worker, 44 licensed clinical social worker, licensed creative arts therapist, 45 licensed marriage and family therapist, licensed mental health counse- 46 lor, licensed psychoanalyst, dental hygienist, licensed behavior 47 analyst, [or] certified behavior analyst assistant, or athletic trainer 48 shall, in addition to all the other licensure, certification or permit 49 requirements, have completed two hours of coursework or training regard- 50 ing the identification and reporting of child abuse and maltreatment. 51 The coursework or training shall be obtained from an institution or 52 provider which has been approved by the department to provide such 53 coursework or training. The coursework or training shall include infor- 54 mation regarding the physical and behavioral indicators of child abuse 55 and maltreatment and the statutory reporting requirements set out in 56 sections four hundred thirteen through four hundred twenty of the social
S. 942--A 7 1 services law, including but not limited to, when and how a report must 2 be made, what other actions the reporter is mandated or authorized to 3 take, the legal protections afforded reporters, and the consequences for 4 failing to report. Such coursework or training may also include informa- 5 tion regarding the physical and behavioral indicators of the abuse of 6 individuals with developmental disabilities and voluntary reporting of 7 abused or neglected adults to the office for people with developmental 8 disabilities or the local adult protective services unit. Each appli- 9 cant shall provide the department with documentation showing that he or 10 she has completed the required training. The department shall provide an 11 exemption from the child abuse and maltreatment training requirements to 12 any applicant who requests such an exemption and who shows, to the 13 department's satisfaction, that there would be no need because of the 14 nature of his or her practice for him or her to complete such training; 15 § 11. Section 6505-b of the education law, as amended by chapter 10 of 16 the laws of 2018, is amended to read as follows: 17 § 6505-b. Course work or training in infection control practices. 18 Every dentist, registered nurse, licensed practical nurse, podiatrist, 19 optometrist, athletic trainer, and dental hygienist practicing in the 20 state shall, on or before July first, nineteen hundred ninety-four and 21 every four years thereafter, complete course work or training appropri- 22 ate to the professional's practice approved by the department regarding 23 infection control, which shall include sepsis, and barrier precautions, 24 including engineering and work practice controls, in accordance with 25 regulatory standards promulgated by the department, in consultation with 26 the department of health, which shall be consistent, as far as appropri- 27 ate, with such standards adopted by the department of health pursuant to 28 section two hundred thirty-nine of the public health law to prevent the 29 transmission of HIV, HBV, HCV and infections that could lead to sepsis 30 in the course of professional practice. Each such professional shall 31 document to the department at the time of registration commencing with 32 the first registration after July first, nineteen hundred ninety-four 33 that the professional has completed course work or training in accord- 34 ance with this section, provided, however that a professional subject to 35 the provisions of paragraph (f) of subdivision one of section twenty- 36 eight hundred five-k of the public health law shall not be required to 37 so document. The department shall provide an exemption from this 38 requirement to anyone who requests such an exemption and who (i) clearly 39 demonstrates to the department's satisfaction that there would be no 40 need for him or her to complete such course work or training because of 41 the nature of his or her practice or (ii) that he or she has completed 42 course work or training deemed by the department to be equivalent to the 43 course work or training approved by the department pursuant to this 44 section. The department shall consult with organizations representative 45 of professions, institutions and those with expertise in infection 46 control and HIV, HBV, HCV and infections that could lead to sepsis with 47 respect to the regulatory standards promulgated pursuant to this 48 section. 49 § 12. Paragraph (a) of subdivision 1 of section 413 of the social 50 services law, as amended by section 7 of part C of chapter 57 of the 51 laws of 2018, is amended to read as follows: 52 (a) The following persons and officials are required to report or 53 cause a report to be made in accordance with this title when they have 54 reasonable cause to suspect that a child coming before them in their 55 professional or official capacity is an abused or maltreated child, or 56 when they have reasonable cause to suspect that a child is an abused or
S. 942--A 8 1 maltreated child where the parent, guardian, custodian or other person 2 legally responsible for such child comes before them in their profes- 3 sional or official capacity and states from personal knowledge facts, 4 conditions or circumstances which, if correct, would render the child an 5 abused or maltreated child: any physician; registered physician assist- 6 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 7 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 8 athletic trainer; psychologist; registered nurse; social worker; emer- 9 gency medical technician; licensed creative arts therapist; licensed 10 marriage and family therapist; licensed mental health counselor; 11 licensed psychoanalyst; licensed behavior analyst; certified behavior 12 analyst assistant; hospital personnel engaged in the admission, examina- 13 tion, care or treatment of persons; a Christian Science practitioner; 14 school official, which includes but is not limited to school teacher, 15 school guidance counselor, school psychologist, school social worker, 16 school nurse, school administrator or other school personnel required to 17 hold a teaching or administrative license or certificate; full or part- 18 time compensated school employee required to hold a temporary coaching 19 license or professional coaching certificate; social services worker; 20 employee of a publicly-funded emergency shelter for families with chil- 21 dren; director of a children's overnight camp, summer day camp or trav- 22 eling summer day camp, as such camps are defined in section thirteen 23 hundred ninety-two of the public health law; day care center worker; 24 school-age child care worker; provider of family or group family day 25 care; employee or volunteer in a residential care facility for children 26 that is licensed, certified or operated by the office of children and 27 family services; or any other child care or foster care worker; mental 28 health professional; substance abuse counselor; alcoholism counselor; 29 all persons credentialed by the office of alcoholism and substance abuse 30 services; employees, who are expected to have regular and substantial 31 contact with children, of a health home or health home care management 32 agency contracting with a health home as designated by the department of 33 health and authorized under section three hundred sixty-five-l of this 34 chapter or such employees who provide home and community based services 35 under a demonstration program pursuant to section eleven hundred fifteen 36 of the federal social security act who are expected to have regular and 37 substantial contact with children; peace officer; police officer; 38 district attorney or assistant district attorney; investigator employed 39 in the office of a district attorney; or other law enforcement official. 40 § 13. This act shall take effect two years after it shall have become 41 a law; provided, however, that section seven of this act shall take 42 effect five years after this act shall have become a law. Effective 43 immediately, the addition, amendment and/or repeal of any rule or regu- 44 lation necessary for the implementation of this act on its effective 45 date are authorized to be made and completed on or before such date.