Minnesota Legislature
HF 1855
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:55am
Bill Text Versions
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| Introduction | Posted on 03/18/2009 |
Current Version - as introduced
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A bill for an act
relating to occupations; changing provisions for athletic trainers; amending
Minnesota Statutes 2008, sections 148.7802, subdivisions 3, 6, 9, by adding
a subdivision; 148.7803, subdivision 1; 148.7806; 148.7807; 148.7808,
subdivision 4; 148.7813, by adding a subdivision; repealing Minnesota Statutes
2008, section 148.7802, subdivisions 4, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 148.7802, is amended by adding a
subdivision to read:
new text begin Subd. 9a. new text end
new text begin Practice of athletic training. new text end
new text begin
(a) "Practice of athletic training" means
the treatment of an individual for:
new text end
new text begin
(1) risk management and injury prevention;
new text end
new text begin
(2) clinical evaluation and assessment for an injury or illness;
new text end
new text begin
(3) immediate care and treatment for an injury or illness; and
new text end
new text begin
(4) rehabilitation and reconditioning of an injury or illness,
new text end
new text begin
as long as these activities are within the scope of practice under section 148.7806, and
performed pursuant to a protocol form signed by the individual's primary physician.
new text end
new text begin
(b) The practice of athletic training does not include the practice of medicine,
osteopathy, chiropractic, podiatry, or dentistry.
new text end
Sec. 2.
Minnesota Statutes 2008, section 148.7802, subdivision 3, is amended to read:
Subd. 3.
Approved education program.
"Approved education program" means
a university, college, or other postsecondary education program of athletic training
that, at the time the student completes the program, is approved or accredited by deleted text begin the
National Athletic Trainers Association Professional Education Committee, the National
Athletic Trainers Association Board of Certification, or the Joint Review Committee on
Educational Programs in Athletic Training in collaboration with the American Academy
of Family Physicians, the American Academy of Pediatrics, the American Medical
Association, and the National Athletic Trainers Associationdeleted text end new text begin a nationally recognized
accreditation agency for athletic training education programsnew text end .
Sec. 3.
Minnesota Statutes 2008, section 148.7802, subdivision 6, is amended to read:
Subd. 6.
Athletic trainer.
"Athletic trainer" means a person who deleted text begin engagesdeleted text end new text begin is
engagednew text end in new text begin the practice of new text end athletic training under section 148.7806 deleted text begin and is registered under
section 148.7808deleted text end new text begin , who practices the procedures delegated by a licensed physician under
a signed protocol agreement, and is registered by the Board of Medical Practice under
section 148.7808new text end .
Sec. 4.
Minnesota Statutes 2008, section 148.7802, subdivision 9, is amended to read:
Subd. 9.
Credentialing examination.
"Credentialing examination" means an
examination administered by the deleted text begin National Athletic Trainers Associationdeleted text end Board of
Certification for credentialing as an athletic trainer, or an examination for credentialing
offered by a national testing service that is approved by the board.new text begin The Board of Medical
Practice shall establish the minimum standards for registration as an athletic trainer under
this section and the minimum standards of care for the practice of athletic training. In
establishing these standards, the board may consider the professional standards issued
by the National Athletic Trainer's Association, the Board of Certification, or any other
nationally recognized professional association for athletic trainers.
new text end
Sec. 5.
Minnesota Statutes 2008, 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
registered athletic trainer; athletic trainer; ATR; or any words, letters, abbreviations, or
insignia indicating or implying that the person is an athletic trainer, without a certificate of
registration 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 deleted text begin a "student
athletic trainer."deleted text end new text begin an "athletic training student."
new text end
Sec. 6.
Minnesota Statutes 2008, section 148.7806, is amended to read:
148.7806 ATHLETIC TRAINING.
Athletic training by a registered athletic trainer under section 148.7808 includes the
activities described in paragraphs (a) to (e).
(a) An athletic trainer shall:
(1) prevent, recognize, and evaluate deleted text begin athleticdeleted text end injuries;
(2) give emergency care and first aid;
(3) manage and treat deleted text begin athleticdeleted text end injuries; and
(4) rehabilitate and physically recondition deleted text begin athleticdeleted text end injuries.
The athletic trainer may use modalities such as cold, heat, light, sound, electricity,
exercise, and mechanical devices for treatment and rehabilitation of deleted text begin athleticdeleted text end injuries to
deleted text begin athletesdeleted text end new text begin patientsnew text end in the primary employment site.
(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.
(c) At the primary employment site, deleted text begin except in a corporate setting,deleted text end an athletic trainer
may evaluate and treat deleted text begin an athletedeleted text end new text begin a patientnew text end for an deleted text begin athleticdeleted text end injury not previously diagnosed
for not more than 30 days, or a period of time as designated by the primary physician on
the protocol form, from the date of the initial evaluation and treatment. Preventative care
after resolution of the injury is 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.
(d) An athletic trainer may:
(1) organize and administer an athletic training program including, but not limited
to, educating and counseling deleted text begin athletesdeleted text end new text begin patientsnew text end ;
(2) monitor the signs, symptoms, general behavior, and general physical response
of deleted text begin an athletedeleted text end new text begin a patientnew text end to treatment and rehabilitation including, but not limited to,
whether the signs, symptoms, reactions, behavior, or general response show abnormal
characteristics; and
(3) make suggestions to the primary physician or other treating provider for a
modification in the treatment and rehabilitation of an injured deleted text begin athletedeleted text end new text begin patientnew text end based on the
indicators in clause (2).
(e) 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 2008, section 148.7807, is amended to read:
148.7807 LIMITATIONS ON PRACTICE.
new text begin Athletic trainers may only treat patients with existing comorbidities if the athletic
trainer has specific documented formal education or training on the treatment of
those conditions. new text end If an athletic trainer determines that a patient's medical conditionnew text begin or
comorbiditynew text end is beyond the scope of practice of that athletic trainer, the athletic trainer must
refer the patient 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 a patient that is not
beneficial to the patient, or that is not tolerated by the patient.
Sec. 8.
Minnesota Statutes 2008, section 148.7808, subdivision 4, is amended to read:
Subd. 4.
Temporary registration.
(a) The board may issue a temporary registration
as an athletic trainer to qualified applicants. A temporary registration is issued for
deleted text begin one yeardeleted text end new text begin six monthsnew text end . 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 deleted text begin one yeardeleted text end new text begin six monthsnew text end
after the date of the temporary registration. Temporary registration may not be renewed.
(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
temporary registration must submit the application materials and fees for registration
required under subdivision 1, clauses (1) to (8) and (10) to (12).
(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 deleted text begin fourdeleted text end new text begin twonew text end
athletic trainers with temporary registrations shall work under the direction of a registered
athletic trainer.
Sec. 9.
Minnesota Statutes 2008, section 148.7813, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Discipline; reporting. new text end
new text begin
Registered athletic trainers and applicants are
subject to the provisions of sections 147.091 to 147.162 in addition to the provisions
of this section.
new text end
Sec. 10. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 148.7802, subdivisions 4 and 5,
new text end
new text begin
are repealed.
new text end