SF 439

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2022 08:28am

A bill for an act
relating to health; modifying the Minnesota Athletic Trainers Act; amending
Minnesota Statutes 2020, sections 148.7802, by adding a subdivision; 148.7806;
148.7807; repealing Minnesota Statutes 2020, section 148.7802, subdivisions 4,
5.

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

Section 1.

Minnesota Statutes 2020, 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 nonorthopedic conditions within the scope of the athletic
trainer's education:
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 of a condition for which treatment is included
in the athletic trainer's scope of practice; 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 is necessary, health care administration, and maintaining professional
responsibility. An athletic trainer must not practice or claim to practice as a physician,
chiropractor, podiatrist, occupational therapist, physical therapist, acupuncturist, or any
other licensed or registered health care professional, unless the athletic trainer also holds
the appropriate license or registration to practice that profession.
new text end

new text begin (c) Nothing in this subdivision restricts an athletic trainer's ability to provide physical
therapy under the supervision of a licensed physical therapist in a clinical or corporate
setting pursuant to section 148.7806, paragraph (f).
new text end

Sec. 2.

Minnesota Statutes 2020, 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 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 a patient 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 deleted text begin an athlete for an athletic injury deleted text end new text begin a patient 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 patients new text end ;

(2) monitor the signs, symptoms, general behavior, and general physical response of deleted text begin an
athlete deleted text end new text begin a patient 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 deleted text begin an injured athlete deleted text end new text begin a patient 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 2020, section 148.7807, is amended to read:

148.7807 LIMITATIONS ON PRACTICE.

If an athletic trainer determines that a patient's 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 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. 4. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the terms "athlete" and "individual" to "patient"
wherever the terms appear 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 2020, section 148.7802, subdivisions 4 and 5, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-02044

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.