SF 1947

as introduced - 87th Legislature (2011 - 2012) Posted on 02/21/2012 09:04am

A bill for an act
relating to occupations and professions; modifying provisions of the Athletic
Trainers Practice Act; providing for licensure; establishing licensure fees;
amending Minnesota Statutes 2010, sections 148.7802, subdivisions 3, 6, 9,
by adding subdivisions; 148.7803; 148.7804; 148.7805; 148.7806; 148.7807;
148.7808, subdivisions 1, 4, 5, by adding a subdivision; 148.7809; 148.7810;
148.7811; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814;
148.7815; repealing Minnesota Statutes 2010, sections 148.7802, subdivisions 4,
5; 148.7808, subdivisions 2, 3; 148.7813, subdivisions 1, 2, 3, 4.

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

Section 1.

Minnesota Statutes 2010, 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 Association deleted text end new text begin a nationally recognized
accreditation agency for athletic training education programs approved by the board new text end .

Sec. 2.

Minnesota Statutes 2010, section 148.7802, subdivision 6, is amended to read:

Subd. 6.

Athletic trainer.

"Athletic trainer" means a person who deleted text begin engages deleted text end new text begin is
engaged new text end in new text begin the practice of new text end athletic training under section 148.7806 new text begin , who practices the
procedures delegated by a licensed physician under a signed protocol agreement, new text end and is
deleted text begin registered deleted text end new text begin licensed by the Board of Medical Practice new text end under section 148.7808.

Sec. 3.

Minnesota Statutes 2010, 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 Association deleted text end Board of
Certification new text begin , or their recognized successor, new text end for credentialing as an athletic trainer, or
an examination for credentialing offered by a national testing service that is approved
by the board.

Sec. 4.

Minnesota Statutes 2010, section 148.7802, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Injury or illness. new text end

new text begin "Injury or illness" means an injury or illness sustained
as a result of, or exacerbated by, participation in athletics or physical activity for which
the athletic trainer has had formal training during the professional education program
including the nationally recognized educational competencies and clinical proficiencies
for the entry-level athletic trainer or formal advanced postprofessional study and falls
within the scope of practice of that athletic trainer.
new text end

Sec. 5.

Minnesota Statutes 2010, section 148.7802, is amended by adding a subdivision
to read:

new text begin Subd. 9b. 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 or illness 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, 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. 6.

Minnesota Statutes 2010, section 148.7803, is amended to read:

148.7803 DESIGNATION OF ATHLETIC TRAINER.

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 registered deleted text end new text begin licensed new text end athletic trainer; athletic trainer; new text begin AT; ATL; new text end ATR; new text begin LAT; new text end or any words,
letters, abbreviations, or insignia indicating or implying that the person is an athletic
trainer, without a certificate of deleted text begin registration deleted text end new text begin licensure new 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 deleted text begin a deleted text end new text begin an new text end " deleted text begin student deleted text end athletic deleted text begin trainer deleted text end new text begin training student new text end ."

Subd. 2.

Penalty.

A person who violates this section is guilty of a new text begin gross new text end
misdemeanor and subject to section 214.11.

Sec. 7.

Minnesota Statutes 2010, 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 registrations deleted text end new text begin licenses new 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 registration deleted text end new text begin licensure new text end application forms, certificate of deleted text begin registration deleted text end new text begin
licensure new text end forms, protocol forms, and other necessary forms;

(3) approve a deleted text begin registration deleted text end new text begin licensure new text end examination;

(4) keep a complete record of deleted text begin registered deleted text end new text begin licensed new text end athletic trainers, prepare a current
official listing of the names and addresses of deleted text begin registered deleted text end new text begin licensed new 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. 8.

Minnesota Statutes 2010, section 148.7805, is amended to read:

148.7805 ATHLETIC TRAINERS ADVISORY COUNCIL.

Subdivision 1.

deleted text begin Creation; deleted text end Membership.

The Athletic Trainers Advisory Council
deleted text begin is created and deleted text end 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 deleted text begin , except for initial appointees, deleted text end are deleted text begin registered deleted text end new text begin licensed new text end athletic
trainers, one deleted text begin being both deleted text end new text begin member must be new text end a licensed deleted text begin physical therapist and registered deleted text end
athletic trainer deleted text begin as submitted by the Minnesota American Physical Therapy Association deleted text end new text begin
and have another Minnesota regulated health care credential new 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. 2.

Administration.

The advisory council is established and administered
under section 15.059. Notwithstanding section 15.059, subdivision 5, the council shall
not expire.

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 registration deleted text end new text begin licensure new text end and deleted text begin registration deleted text end new text begin licensure new 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. 9.

Minnesota Statutes 2010, section 148.7806, is amended to read:

148.7806 ATHLETIC TRAINING.

Athletic training by a deleted text begin registered deleted text end new text begin licensed new text end 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 athletic deleted text end injuries new text begin or illnesses new text end ;

(2) give emergency care and first aid;

(3) manage and treat deleted text begin athletic deleted text end injuries new text begin or illnesses new text end ; and

(4) rehabilitate and physically recondition deleted text begin athletic deleted text end injuries new text begin or illnesses new text end .

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 athletic deleted text end injuries new text begin or
illnesses new text end to deleted text begin athletes deleted text end new text begin patients or clients new 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
deleted text begin registration deleted text end new text begin licensure new text end 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 an deleted text begin athlete deleted text end new text begin patient or client new text end for an deleted text begin athletic deleted text end injury new text begin or illness new text end 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 new text begin or illness new text end 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 athletes deleted text end new text begin patients or clients 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 or client new 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 athlete deleted text end new text begin or ill patient or client new 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.

new text begin (f) "Injury or illness" means an injury or illness sustained as a result of, or
exacerbated by, participation in athletics or physical activity for which the athletic trainer
has had formal training during the professional education program including the nationally
recognized educational competencies and clinical proficiencies for the entry-level athletic
trainer or formal advanced postprofessional study and falls within the scope of practice of
that athletic trainer.
new text end

Sec. 10.

Minnesota Statutes 2010, section 148.7807, is amended to read:

148.7807 LIMITATIONS ON PRACTICE.

If an athletic trainer determines that a patient's new text begin or client's new text end medical condition is
beyond the scope of practice of that athletic trainer, new text begin as determined by the formal training
during the professional education program including the nationally recognized educational
competencies and clinical proficiencies for the entry-level athletic trainer or formal
advanced postprofessional study, new text end the athletic trainer must refer the patient new text begin or client 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 deleted text begin and deleted text end new text begin or the appropriate
qualified health care professional new text end 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 new text begin or client new text end that is not beneficial to the patient new text begin or client new text end , or
that is not tolerated by the patient new text begin or client new text end .

Sec. 11.

Minnesota Statutes 2010, section 148.7808, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Registration deleted text end new text begin Licensure new text end .

The board may issue a certificate of
deleted text begin registration deleted text end new text begin licensure new text end as an athletic trainer to applicants who meet the requirements under
this section. An applicant for deleted text begin registration deleted text end new text begin licensure new 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 new text begin athletic
training new text end education program new text begin that is accredited by a nationally recognized accreditation
agency for athletic training education programs new text end approved by the board;

(3) educational background;

(4) proof of a baccalaureate new text begin or master's new text end 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 new text begin or with a nationally recognized credentialing examination agency
for athletic trainers approved by the board new text end ;

(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 new text begin board-approved,
nationally recognized new text end credentialing examination deleted text begin within one year of the application for
registration deleted text end new text begin and current athletic training certification by the Board of Certification, or
its recognized successor new text end ;

(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.

Sec. 12.

Minnesota Statutes 2010, section 148.7808, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Grandfather provision. new text end

new text begin All persons registered as athletic trainers as of
June 30, 2012, are eligible for continuing renewal under licensure. All persons applying
for licensure after that date shall be licensed according to this chapter.
new text end

Sec. 13.

Minnesota Statutes 2010, section 148.7808, subdivision 4, is amended to read:

Subd. 4.

Temporary deleted text begin registration deleted text end new text begin permit new text end .

(a) The board may issue a temporary
deleted text begin registration deleted text end new text begin permit new text end as an athletic trainer to qualified applicants. A temporary deleted text begin registration deleted text end new text begin
permit new text end is issued for deleted text begin one year deleted text end new text begin 120 days new text end . An deleted text begin athletic trainer deleted text end new text begin individual new text end with a temporary
deleted text begin registration deleted text end new text begin permit new text end may qualify for full deleted text begin registration deleted text end new text begin licensure new text end after submission of verified
documentation that the deleted text begin athletic trainer deleted text end new text begin individual new text end has achieved a qualifying score on
a credentialing examination new text begin with the Board of Certification or its recognized successor
for athletic trainers approved by the board new text end within deleted text begin one year deleted text end new text begin 120 days new text end after the date of the
temporary deleted text begin registration deleted text end new text begin permit new text end . new text begin A new text end temporary deleted text begin registration deleted text end new text begin permit new text end may not be renewed.

(b) deleted text begin Except as provided in subdivision 3, paragraph (a), clause (1), deleted text end An applicant
for new text begin a new text end temporary deleted text begin registration deleted text end new text begin permit new text end must submit the application materials and fees for
deleted text begin registration deleted text end new text begin licensure new text end required under subdivision 1, clauses (1) to (8) and (10) to (12).

(c) An deleted text begin athletic trainer deleted text end new text begin individual new text end with a temporary deleted text begin registration deleted text end new text begin permit new text end shall work
only under the direct supervision of an athletic trainer deleted text begin registered deleted text end new text begin licensed new text end under this
section. No more than deleted text begin four athletic trainers deleted text end new text begin two individuals new text end with temporary deleted text begin registrations deleted text end new text begin
permits new text end shall work under the direction of a deleted text begin registered deleted text end new text begin licensed new text end athletic trainer.

Sec. 14.

Minnesota Statutes 2010, section 148.7808, subdivision 5, is amended to read:

Subd. 5.

Temporary deleted text begin permit deleted text end new text begin licensure new text end .

The board may issue a temporary deleted text begin permit deleted text end new text begin
license new text end to practice as an athletic trainer to an applicant eligible for deleted text begin registration deleted text end new text begin licensure new text end
under this section if the application for deleted text begin registration deleted text end new text begin licensure new 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 permit deleted text end new text begin license new 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 registration deleted text end new text begin licensure new text end .

Sec. 15.

Minnesota Statutes 2010, section 148.7809, is amended to read:

148.7809 deleted text begin REGISTRATION deleted text end new text begin LICENSE new text end RENEWAL.

Subdivision 1.

Requirements for deleted text begin registration deleted text end new text begin license new text end renewal.

A deleted text begin registered deleted text end new text begin
licensed new 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
licensure new 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 registration deleted 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 new text begin or licensure new text end or previous
registration new text begin or licensure new text end renewal;

(4) evidence satisfactory to the board of having met the continuing education
requirements of section 148.7812;

(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 new text begin or another secure site new text end ; deleted text begin and
deleted text end

(6) new text begin the athletic trainer's signature on a statement attesting that the Board of
Certification, or its recognized successor, credentials for an athletic trainer are current at
the time of renewal; and
new text end

new text begin (7) new text end additional information as requested by the board.

Subd. 2.

deleted text begin Registration deleted text end new text begin Licensure new 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 registration deleted text end new text begin licensure new 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 registration deleted text end new text begin licensure new text end renewal under this section.

Subd. 3.

Renewal deadline.

(a) An application for renewal of deleted text begin registration deleted text end new text begin licensure new 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 renewal of deleted text begin registration deleted text end new text begin licensure new text end submitted after the deadline
date must include a late fee under section 148.7815.

Subd. 4.

deleted text begin Lapse of registration status deleted text end new text begin Cancellation due to nonrenewal new text end .

deleted text begin (a) Except
as provided in paragraph (b), an athletic trainer whose registration has lapsed must:
deleted text end

deleted text begin (1) apply for registration renewal under this section; and
deleted text end

deleted text begin (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 registration.
deleted text end

deleted text begin (b) deleted text end The board shall not renew, reissue, reinstate, or restore a deleted text begin registration deleted text end new text begin license new text end that
has lapsed deleted text begin after June 30, 1999, deleted text end and has not been renewed within two annual renewal
cycles deleted text begin starting July 1, 2001 deleted text end . deleted text begin An athletic trainer deleted text end new text begin A licensee new text end whose deleted text begin registration deleted text end new text begin license new text end is
canceled for nonrenewal must obtain a new deleted text begin registration deleted text end new text begin license new text end by applying for deleted text begin registration deleted text end new text begin
licensure new text end and fulfilling all requirements then in existence for deleted text begin an deleted text end initial deleted text begin registration deleted text end new text begin
licensure as an athletic trainer new text end .

new text begin Subd. 5. new text end

new text begin Cancellation of license in good standing. new text end

new text begin (a) The board may grant
a license cancellation of a registrant licensee holding an active license as an athletic
trainer in the state, if the board is not investigating the person as a result of a complaint
or information received, or if the board has not begun disciplinary proceedings against
the licensee. Such action by the board shall be reported as a cancellation of a license in
good standing.
new text end

new text begin (b) A licensee who receives board approval for license cancellation is not entitled
to a refund of any licensure fees paid for the license year in which the cancellation
of the license occurred.
new text end

new text begin (c) To obtain a license after cancellation, a licensee must obtain a new license by
applying for licensure and fulfilling current requirements in existence for obtaining initial
licensure as an athletic trainer.
new text end

Sec. 16.

Minnesota Statutes 2010, 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 registration deleted text end new text begin licensure new text end under section 148.7808 and deleted text begin registration deleted text end new text begin licensure new 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 registration deleted text end new text begin licensure new text end .

An
applicant denied deleted text begin registration deleted text end new text begin licensure new 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. 17.

Minnesota Statutes 2010, section 148.7811, is amended to read:

148.7811 CHANGE OF ADDRESS.

A deleted text begin registered deleted text end new text begin licensed new text end athletic trainer must notify the board, in writing, within 30
days of a change of address.

Sec. 18.

Minnesota Statutes 2010, section 148.7812, subdivision 2, is amended to read:

Subd. 2.

Approved programs.

The board shall approve a continuing education
program that has been approved for continuing education credit by the deleted text begin National Athletic
Trainers Association deleted text end Board of Certification new text begin or its recognized successor new text end .

Sec. 19.

Minnesota Statutes 2010, 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 For the purposes of this chapter, licensed athletic
trainers and applicants are subject to the provisions of sections 147.091 to 147.162.
new text end

Sec. 20.

Minnesota Statutes 2010, section 148.7814, is amended to read:

148.7814 APPLICABILITY.

Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
trainers by deleted text begin the National Athletic Trainers Association Board of Certification deleted text end new text begin a nationally
recognized credentialing examination agency for athletic trainers approved by the board,
hold a valid practice credential in another state, new text end and come into Minnesota for a specific
athletic event or series of athletic events with an individual or group.

Sec. 21.

Minnesota Statutes 2010, 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 registration deleted text end new text begin licensure new text end fee, $100;

(3) temporary registration, $100; and

(4) temporary permit, $50.

Subd. 2.

Proration of fees.

The board may prorate the initial annual fee for
deleted text begin registration deleted text end new text begin licensure new text end under section 148.7808. Athletic trainers deleted text begin registered deleted text end new text begin licensed new text end under
section 148.7808 are required to pay the full fee upon deleted text begin registration deleted text end new text begin licensure new text end renewal.

Subd. 3.

Penalty for a late application for deleted text begin registration deleted text end new text begin licensure new text end renewal.

The
penalty for late submission of a deleted text begin registration deleted text end new text begin licensure new text end renewal application under section
148.7809 is $15.

Subd. 4.

Nonrefundable fees.

The fees in this section are nonrefundable.

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 148.7802, subdivisions 4 and 5; 148.7808,
subdivisions 2 and 3; and 148.7813, subdivisions 1, 2, 3, and 4, new text end new text begin are repealed.
new text end