Minnesota Legislature
SF 2609
as introduced - 89th Legislature (2015 - 2016) Posted on 03/31/2016 09:20am
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A bill for an act
relating to health occupations; licensing; modifying the Minnesota Athletic
Trainers Act; amending Minnesota Statutes 2014, sections 148.7802, subdivision
6, by adding a subdivision; 148.7803, subdivision 1; 148.7804; 148.7805;
148.7806; 148.7808; 148.7809; 148.7810; 148.7812, subdivision 1; 148.7813,
subdivision 5; 148.7815; repealing Minnesota Statutes 2014, section 148.7802,
subdivisions 4, 5, 10, 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 148.7802, subdivision 6, is amended to read:
Subd. 6.
Athletic trainer.
"Athletic trainer" means a person who engages in
athletic training under new text begin this new text end sectionnew text begin and sectionnew text end 148.7806 and is deleted text begin registereddeleted text end new text begin licensednew text end under
section 148.7808.
Sec. 2.
Minnesota Statutes 2014, section 148.7802, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin Athletic training. new text end
new text begin
"Athletic training" means prevention, evaluation, or
intervention techniques, or any combination of those acts, in the provision of patient
care as defined by the current competencies in athletic training issued by a nationally
recognized accreditation agency for athletic training education, or for which formal
advanced postprofessional preparation has been obtained. Athletic training does not
include the practice of medicine as defined in section 147.081, or the practice of
chiropractic as defined in section 148.01.
new text end
Sec. 3.
Minnesota Statutes 2014, section 148.7803, subdivision 1, is amended to read:
Subdivision 1.
Designation.
A person shall not use in connection with the person's
name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
deleted text begin registereddeleted text end new text begin licensednew text end athletic trainer; athletic trainer; AT; ATR;new text begin ATC; LAT;new text end or any words,
letters, abbreviations, or insignia indicating or implying that the person is an athletic
trainer, without a deleted text begin certificate of registrationdeleted text end new text begin licensenew text end as an athletic trainer issued under
sections 148.7808 to 148.7810. A student attending a college or university athletic training
program must be identified as an "athletic training student."
Sec. 4.
Minnesota Statutes 2014, section 148.7804, is amended to read:
148.7804 POWERS OF THE BOARD.
The board, acting under the advice of the Athletic Trainers Advisory Council, shall
issue all deleted text begin registrationsdeleted text end new text begin licensesnew text end and shall exercise the following powers and duties:
(1) adopt rules necessary to implement sections 148.7801 to 148.7815;
(2) prescribe deleted text begin registrationdeleted text end new text begin licensenew text end application forms, certificate of deleted text begin registrationdeleted text end new text begin license
new text end forms, deleted text begin protocol forms,deleted text end and other necessary forms;
(3) approve a deleted text begin registrationdeleted text end new text begin licensurenew text end examination;
(4) keep a complete record of deleted text begin registereddeleted text end new text begin licensednew text end athletic trainers, prepare a current
official listing of the names and addresses of deleted text begin registereddeleted text end new text begin licensednew text end athletic trainers, and make
a copy of the list available to any person requesting it upon payment of a copying fee
established by the board;
(5) keep a permanent record of all its proceedings; and
(6) establish the duties of, and employ, clerical personnel.
Sec. 5.
Minnesota Statutes 2014, section 148.7805, is amended to read:
148.7805 ATHLETIC TRAINERS ADVISORY COUNCIL.
Subdivision 1.
Membership.
The Athletic Trainers Advisory Council is created and
is composed of eight members appointed by the board. The advisory council consists of:
(1) two public members as defined in section 214.02;
(2) three members who are deleted text begin registereddeleted text end new text begin licensednew text end athletic trainers, one being both
a licensed physical therapist and deleted text begin registereddeleted text end new text begin licensednew text end athletic trainer as submitted by
the Minnesota American Physical Therapy Associationnew text begin , and two as submitted by the
Minnesota Athletic Trainers' Associationnew text end ;
(3) two members who are medical physicians licensed by the state and have
experience with athletic training and sports medicine; and
(4) one member who is a doctor of chiropractic licensed by the state and has
experience with athletic training and sports injuries.
Subd. 3.
Duties.
The advisory council shall:
(1) advise the board regarding standards for athletic trainers;
(2) distribute information regarding athletic trainer standards;
(3) advise the board on enforcement of sections 148.7801 to 148.7815;
(4) review deleted text begin registrationdeleted text end new text begin licensingnew text end and deleted text begin registrationdeleted text end new text begin licensenew text end renewal applications and
make recommendations to the board;
(5) review complaints in accordance with sections 214.10 and 214.13, subdivision 6;
(6) review investigation reports of complaints and recommend to the board whether
disciplinary action should be taken;
(7) advise the board regarding evaluation and treatment protocols;
(8) advise the board regarding approval of continuing education programs; and
(9) perform other duties authorized for advisory councils under chapter 214, as
directed by the board.
Sec. 6.
Minnesota Statutes 2014, section 148.7806, is amended to read:
148.7806 ATHLETIC TRAINING.
new text begin (a) new text end Athletic training by a deleted text begin registereddeleted text end new text begin licensednew text end athletic trainer under section 148.7808
includes the activities described in paragraphs deleted text begin (a) to (e)deleted text end new text begin (b) to (d)new text end .
deleted text begin (a)deleted text end new text begin (b)new text end An athletic trainer shallnew text begin provide patient care under the direction of, on the
prescription of, or in collaboration with a personnew text end :
deleted text begin
(1) prevent, recognize, and evaluate athletic injuries;
deleted text end
deleted text begin
(2) give emergency care and first aid;
deleted text end
deleted text begin
(3) manage and treat athletic injuries; and
deleted text end
deleted text begin
(4) rehabilitate and physically recondition athletic injuries.
deleted text end
deleted text begin
The athletic trainer may use modalities such as cold, heat, light, sound, electricity,
exercise, and mechanical devices for treatment and rehabilitation of athletic injuries to
athletes in the primary employment site.
deleted text end
deleted text begin
(b) The primary physician shall establish evaluation and treatment protocols to be
used by the athletic trainer. The primary physician shall record the protocols on a form
prescribed by the board. The protocol form must be updated yearly at the athletic trainer's
registration renewal time and kept on file by the athletic trainer.
deleted text end
new text begin
(1) licensed in the state to practice:
new text end
new text begin
(i) medicine as defined in section 147.081;
new text end
new text begin
(ii) as an advanced practice nurse as defined in section 148.171;
new text end
new text begin
(iii) chiropractic as defined in section 148.01;
new text end
new text begin
(iv) podiatric medicine as defined in section 153.01;
new text end
new text begin
(v) as a physician assistant as defined in section 147A.01;
new text end
new text begin
(vi) dentistry as defined in section 150A.05;
new text end
new text begin
(vii) physical therapy as defined in section 148.65; or
new text end
new text begin
(viii) any other licensed health care profession as defined in Minnesota Statutes; and
new text end
new text begin
(2) whose license is in good standing.
new text end
(c) deleted text begin At the primary employment site,deleted text end Except in a corporate setting, an athletic
trainer may evaluate and treat an deleted text begin athlete for an athletic injurydeleted text end new text begin individualnew text end not previously
diagnosed for not more than 30 daysdeleted text begin , or a period of time as designated by the primary
physician on the protocol form,deleted text end from the date of the initial evaluation and treatment.
deleted text begin Preventative care after resolution of the injurydeleted text end new text begin Prevention, wellness, education, or exercise
new text end is not considered treatment. This paragraph does not apply to a person who is referred
for treatment by a personnew text begin :
new text end
new text begin (1)new text end licensed in this state to practice medicine as defined in section 147.081, to
practice chiropractic as defined in section 148.01, to practice deleted text begin podiatrydeleted text end new text begin podiatric medicine
new text end as defined in section 153.01, or to practice dentistry as defined in section 150A.05new text begin ;new text end and
new text begin (2)new text end whose license is in good standing.
deleted text begin
(d) An athletic trainer may:
deleted text end
deleted text begin
(1) organize and administer an athletic training program including, but not limited
to, educating and counseling athletes;
deleted text end
deleted text begin
(2) monitor the signs, symptoms, general behavior, and general physical response of
an athlete to treatment and rehabilitation including, but not limited to, whether the signs,
symptoms, reactions, behavior, or general response show abnormal characteristics; and
deleted text end
deleted text begin
(3) make suggestions to the primary physician or other treating provider for a
modification in the treatment and rehabilitation of an injured athlete based on the
indicators in clause (2).
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end In a clinical, corporate, and physical therapy setting, when the service
provided is, or is represented as being, physical therapy, an athletic trainer may work only
under the direct supervision of a physical therapist as defined in section 148.65.
Sec. 7.
Minnesota Statutes 2014, section 148.7808, is amended to read:
148.7808 deleted text begin REGISTRATIONdeleted text end new text begin LICENSEnew text end ; REQUIREMENTS.
Subdivision 1.
deleted text begin Registrationdeleted text end new text begin Licensurenew text end .
The board may issue a deleted text begin certificate of
registrationdeleted text end new text begin licensenew text end as an athletic trainer to applicants who meet the requirements under
this section. An applicant for deleted text begin registrationdeleted text end new text begin a licensenew text end as an athletic trainer shall pay a fee
under section 148.7815 and file a written application on a form, provided by the board,
that includes:
(1) the applicant's name, Social Security number, home address and telephone
number, business address and telephone number, and business setting;
(2) evidence satisfactory to the board of the successful completion of an education
program approved by the board;
(3) educational background;
(4) proof of a baccalaureate or master's degree from an accredited college or
university;
(5) credentials held in other jurisdictions;
(6) a description of any other jurisdiction's refusal to credential the applicant;
(7) a description of all professional disciplinary actions initiated against the applicant
in any other jurisdiction;
(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(9) evidence satisfactory to the board of a qualifying score on a credentialing
examination;
(10) additional information as requested by the board;
(11) the applicant's signature on a statement that the information in the application is
true and correct to the best of the applicant's knowledge and belief; and
(12) the applicant's signature on a waiver authorizing the board to obtain access to
the applicant's records in this state or any other state in which the applicant has completed
an education program approved by the board or engaged in the practice of athletic training.
Subd. 3.
deleted text begin Registrationdeleted text end new text begin Licensenew text end by reciprocity.
(a) The board may deleted text begin registerdeleted text end new text begin license
new text end by reciprocity an applicant who:
(1) submits the application materials and fees required under subdivision 1, clauses
(1) to (8) and (10) to (12);
(2) provides a verified copy of a current and unrestricted credential for the practice
of athletic training in another jurisdiction that has credentialing requirements equivalent to
or more stringent than the requirements under subdivision 1; and
(3) provides letters of verification from the credentialing body in each jurisdiction
in which the applicant holds a credential. Each letter must include the applicant's name,
date of birth, credential number, date of issuance of the credential, a statement regarding
disciplinary actions taken against the applicant, and the terms under which the credential
was issued.
(b) An applicant for deleted text begin registrationdeleted text end new text begin a licensenew text end by reciprocity who has applied for
deleted text begin registrationdeleted text end new text begin a licensenew text end under subdivision 1 and meets the requirements of paragraph (a),
clause (1), may apply to the board for new text begin a new text end temporary deleted text begin registrationdeleted text end new text begin licensenew text end under subdivision deleted text begin 4deleted text end new text begin 5new text end .
deleted text begin Subd. 4. deleted text end
deleted text begin Temporary registration. deleted text end
deleted text begin
(a) The board may issue a temporary registration
as an athletic trainer to qualified applicants. A temporary registration is issued for 120
days. An athletic trainer with a temporary registration may qualify for full registration
after submission of verified documentation that the athletic trainer has achieved a
qualifying score on a credentialing examination within 120 days after the date of the
temporary registration. A temporary registration may not be renewed.
deleted text end
deleted text begin
(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
a temporary registration must submit the application materials and fees for registration
required under subdivision 1, clauses (1) to (8) and (10) to (12).
deleted text end
deleted text begin
(c) An athletic trainer with a temporary registration shall work only under the
direct supervision of an athletic trainer registered under this section. No more than two
athletic trainers with temporary registrations shall work under the direction of a registered
athletic trainer.
deleted text end
Subd. 5.
Temporary deleted text begin permitdeleted text end new text begin licensenew text end .
The board may issue a temporary deleted text begin permit
deleted text end new text begin licensenew text end to practice as an athletic trainer to an applicant eligible for deleted text begin registrationdeleted text end new text begin a license
new text end under this section if the application for deleted text begin registrationdeleted text end new text begin a licensenew text end is complete, all applicable
requirements in this section have been met, and a nonrefundable fee set by the board has
been paid. The deleted text begin permitdeleted text end new text begin licensenew text end remains valid only until the meeting of the board at which a
decision is made on the athletic trainer's application for deleted text begin registrationdeleted text end new text begin a licensenew text end .
Sec. 8.
Minnesota Statutes 2014, section 148.7809, is amended to read:
148.7809 deleted text begin REGISTRATIONdeleted text end new text begin LICENSEnew text end RENEWAL.
Subdivision 1.
Requirements for deleted text begin registrationdeleted text end new text begin licensenew text end renewal.
A deleted text begin registered
deleted text end new text begin licensednew text end athletic trainer shall apply to the board for a one-year extension of deleted text begin registration
deleted text end new text begin a licensenew text end by paying a fee under section 148.7815 and filing an application on a form
provided by the board that includes:
(1) the athletic trainer's name, Minnesota athletic trainer deleted text begin registrationdeleted text end new text begin license
new text end number, home address and telephone number, business address and telephone number,
and business setting;
(2) work history for the past year, including the average number of hours worked
per week;
(3) a report of any change in status since initial registration or previous deleted text begin registration
deleted text end new text begin licensenew text end renewal;
(4) evidence satisfactory to the board ofnew text begin :
new text end
new text begin
(i) certification from the Board of Certification, Inc., or recognized successor; and
new text end
new text begin (ii) new text end having met the continuing education requirements of section 148.7812;new text begin and
new text end
deleted text begin
(5) the athletic trainer's signature on a statement that a current copy of the protocol
form is on file at the athletic trainer's primary employment site; and
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end additional information as requested by the board.
Subd. 2.
deleted text begin Registrationdeleted text end new text begin Licensenew text end renewal notice.
Before June 1 of each year, the
board shall send out a renewal notice to an athletic trainer's last known address on file
with the board. The notice shall include an application for deleted text begin registrationdeleted text end new text begin licensenew text end renewal and
notice of the fees required for renewal. An athletic trainer who does not receive a renewal
notice must still meet the requirements for deleted text begin registrationdeleted text end new text begin licensenew text end renewal under this section.
Subd. 3.
Renewal deadline.
(a) An application for new text begin license new text end renewal deleted text begin of registration
deleted text end must be postmarked on or before July 1 of each year. If the postmark is illegible, the
application is considered timely if received in the board office by the third working day
after July 1.
(b) An application for new text begin license new text end renewal deleted text begin of registrationdeleted text end submitted after the deadline
date must include a late fee under section 148.7815.
Subd. 4.
Lapse of deleted text begin registration statusdeleted text end new text begin licensenew text end .
(a) Except as provided in paragraph
(b), an athletic trainer whose deleted text begin registrationdeleted text end new text begin licensenew text end has lapsed must:
(1) apply for deleted text begin registrationdeleted text end new text begin licensenew text end renewal under this section; and
(2) submit evidence satisfactory to the board from a licensed medical physician
verifying employment in athletic training for eight weeks every three years during the
time of the lapse in deleted text begin registrationdeleted text end new text begin licensenew text end .
(b) The board shall not renew, reissue, reinstate, or restore a deleted text begin registrationdeleted text end new text begin licensenew text end that
has lapsed after June 30, 1999, and has not been renewed within two annual renewal
cycles starting July 1, 2001. An athletic trainer whose deleted text begin registrationdeleted text end new text begin licensenew text end is canceled for
nonrenewal must obtain a new deleted text begin registrationdeleted text end new text begin licensenew text end by applying for deleted text begin registrationdeleted text end new text begin a license
new text end and fulfilling all requirements then in existence for an initial deleted text begin registrationdeleted text end new text begin licensenew text end .
Sec. 9.
Minnesota Statutes 2014, section 148.7810, is amended to read:
148.7810 BOARD ACTION ON APPLICATIONS.
Subdivision 1.
Verification of application information.
The board or advisory
council, with the approval of the board, may verify information provided by an applicant
for deleted text begin registrationdeleted text end new text begin a licensenew text end under section 148.7808 and deleted text begin registrationdeleted text end new text begin licensenew text end renewal under
section 148.7809 to determine whether the information is accurate and complete.
Subd. 2.
Notification of board action.
Within 120 days of receipt of the application,
the board shall notify each applicant in writing of the action taken on the application.
Subd. 3.
Request for hearing by applicant denied deleted text begin registrationdeleted text end new text begin licensenew text end .
An
applicant denied deleted text begin registrationdeleted text end new text begin a licensenew text end shall be notified of the determination, and the
grounds for it, and may request a hearing on the determination under Minnesota Rules,
part 5615.0300, by filing a written statement of issues with the board within 20 days after
receipt of the notice from the board. After the hearing, the board shall notify the applicant
in writing of its decision.
Sec. 10.
Minnesota Statutes 2014, section 148.7812, subdivision 1, is amended to read:
Subdivision 1.
Number of contact hours required.
An athletic trainer shall
complete during every three-year period at least the equivalent of 60 contact hours
of continuing professional postdegree education in programs approved by the board.
new text begin The board may accept recertification by the Board of Certification, Inc., or recognized
successor in lieu of compliance with the continuing education requirements during the
cycle in which recertification is granted.
new text end
Sec. 11.
Minnesota Statutes 2014, section 148.7813, subdivision 5, is amended to read:
Sec. 12.
Minnesota Statutes 2014, section 148.7815, is amended to read:
148.7815 FEES.
Subdivision 1.
Fees.
The board shall establish fees as follows:
(1) application fee, $50;
(2) annual deleted text begin registrationdeleted text end new text begin licensenew text end fee, $100;new text begin and
new text end
(3) temporary deleted text begin registrationdeleted text end new text begin license feenew text end , deleted text begin $100; and
deleted text end
deleted text begin (4) temporary permit,deleted text end $50.
Subd. 2.
Proration of fees.
The board may prorate the initial annual new text begin license new text end fee deleted text begin for
registrationdeleted text end under section 148.7808. Athletic trainers deleted text begin registereddeleted text end new text begin licensednew text end under section
148.7808 are required to pay the full fee upon deleted text begin registrationdeleted text end new text begin licensenew text end renewal.
Subd. 3.
Penalty for a late application for deleted text begin registrationdeleted text end new text begin licensenew text end renewal.
The
penalty for late submission of a deleted text begin registrationdeleted text end new text begin licensenew text end renewal application under section
148.7809 is $15.
Subd. 4.
Nonrefundable fees.
The fees in this section are nonrefundable.
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, section 148.7802, subdivisions 4, 5, 10, and 11,
new text end
new text begin
are
repealed.
new text end