HF 2920

as introduced - 91st Legislature (2019 - 2020) Posted on 03/09/2020 05:57pm

A bill for an act
relating to health; modifying the Minnesota Athletic Trainers Act; amending
Minnesota Statutes 2018, sections 148.7802, by adding a subdivision; 148.7806;
148.7807; repealing Minnesota Statutes 2018, section 148.7802, subdivisions 4,
5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, 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 (a) "Athletic training" means, for the purpose of emergent,
acute, and chronic injuries and non-orthopedic conditions:
new text end

new text begin (1) prevention and wellness promotion;
new text end

new text begin (2) risk management;
new text end

new text begin (3) immediate and emergency care;
new text end

new text begin (4) examination, assessment, and diagnosis; and
new text end

new text begin (5) therapeutic intervention, rehabilitation, and reconditioning.
new text end

new text begin (b) Athletic training also includes making clinical decisions to determine if a consultation
or referral are necessary; health care administration; and maintaining professional
responsibility. An athletic trainer shall not practice or claim to practice as a physician;
chiropractor; podiatrist; occupational therapist; physical therapist except under the supervision
of a licensed physical therapist pursuant to section 148.7806, paragraph (f); or any other
licensed or registered health care professional, unless the athletic trainer also holds the
appropriate license or registration for that profession.
new text end

Sec. 2.

Minnesota Statutes 2018, section 148.7806, is amended to read:

148.7806 ATHLETIC TRAINING.

deleted text begin Athletic training by a licensed athletic trainer under section 148.7808 includes the
activities described in paragraphs (a) to (e).
deleted text end

(a) An athletic trainer shall deleted text begin :
deleted 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 new text begin perform athletic training
under the direction of, on the prescription of, or in collaboration with a primary physician
who is licensed in the state to practice medicine as defined in section 147.081, and whose
license is in good standing.
new text end

deleted text begin The deleted text end new text begin (b) An new text end athletic trainer may use new text begin , but is not limited to, new text end modalities such as cold, heat,
light, sound, electricity, exercise, and mechanical devices for treatment and rehabilitation
of deleted text begin athletic injuries to athletes in the primary employment site deleted text end new text begin an individual new text end .

deleted text begin (b) deleted text end new text begin (c) new text end 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
license renewal time and kept on file by the athletic trainer.

deleted text begin (c) At the primary employment site, except in a corporate setting, deleted text end new text begin (d) new text end An athletic trainer
may evaluate and treat an deleted text begin athlete for an athletic injury deleted text end new text begin individual new text end not previously diagnosed
for not more than 30 days deleted 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 injury is deleted text end new text begin Prevention, wellness, education, exercise, and reconditioning
are new text end not considered treatment. This paragraph does not apply to a person who is referred for
treatment by a person licensed in this state to practice medicine as defined in section 147.081,
to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section
153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good
standing.

deleted text begin (d) deleted text end new text begin (e) new text end An athletic trainer may:

(1) organize and administer an athletic training program including, but not limited to,
educating and counseling deleted text begin athletes deleted text end new text begin individuals new text end ;

(2) monitor the signs, symptoms, general behavior, and general physical response of an
deleted text begin athlete deleted text end new text begin individual new text end to treatment and rehabilitation including, but not limited to, whether the
signs, symptoms, reactions, behavior, or general response show abnormal characteristics new text begin
requiring a change in the plan of care or referral new text end ; and

(3) make suggestions to the primary physician or other treating provider for a modification
in the treatment and rehabilitation of an deleted text begin injured athlete deleted text end new text begin individual new text end based on the indicators
in clause (2).

deleted text begin (e) deleted text end new text begin (f) 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. 3.

Minnesota Statutes 2018, section 148.7807, is amended to read:

148.7807 LIMITATIONS ON PRACTICE.

If an athletic trainer determines that deleted text begin a patient's deleted text end new text begin an individual's new text end medical condition is
deleted text begin beyond deleted text end new text begin outside new text end the scope of practice of that athletic trainer, the athletic trainer must refer
the deleted text begin patient deleted text end new text begin individual new text end to a person licensed in this state to practice medicine as defined in
section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry
as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and
whose license is in good standing and in accordance with established evaluation and treatment
protocols. An athletic trainer shall modify or terminate treatment of deleted text begin a patient deleted text end new text begin an individual new text end
that is not beneficial to the deleted text begin patient deleted text end new text begin individual new text end , or that is not tolerated by the deleted text begin patient deleted text end new text begin individual new text end .

Sec. 4. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the terms "patient" and "athlete" to "individual"
wherever it appears in Minnesota Statutes, sections 148.7801 to 148.7815, and may make
any necessary changes to grammar or sentence structure to preserve the meaning of the text.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 148.7802, subdivisions 4 and 5, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-1206

148.7802 DEFINITIONS.

Subd. 4.

Athlete.

"Athlete" means a person participating in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.

Subd. 5.

Athletic injury.

"Athletic injury" means an injury sustained by a person as a result of the person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.