SF 614

as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2018 03:32pm

A bill for an act
relating to health licensing; modifying the Minnesota Athletic Trainers Act;
amending Minnesota Statutes 2016, sections 148.7802, subdivision 6, by adding
subdivisions; 148.7803, subdivision 1; 148.7804; 148.7805, subdivisions 1, 3;
148.7806; 148.7808, subdivisions 1, 3; 148.7809; 148.7810; 148.7815; repealing
Minnesota Statutes 2016, sections 148.7802, subdivisions 4, 5; 148.7808,
subdivisions 4, 5.

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

Section 1.

Minnesota Statutes 2016, section 148.7802, subdivision 6, is amended to read:

Subd. 6.

Athletic trainer.

"Athletic trainer" means a person who engages in athletic
training under deleted text begin section deleted text end new text begin sections 148.7802 and new text end 148.7806 and is deleted text begin registered deleted text end new text begin licensed new text end under
section 148.7808.

Sec. 2.

Minnesota Statutes 2016, 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 the provision of care for the
prevention, recognition, evaluation, management, rehabilitation, and reconditioning of
emergency, acute, and chronic injuries, and medical conditions associated with physical
activity, or that limit the patient's or client's full return to functional physical activity and
wellness. Athletic training does not include the practice of medicine as defined in section
147.081, the practice of chiropractic as defined in section 148.01, the practice of podiatric
medicine as defined in section 153.01, the practice of occupational therapy as defined in
section 148.6402, or the practice of physical therapy as defined in section 148.65.
new text end

Sec. 3.

Minnesota Statutes 2016, section 148.7802, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Physical activity. new text end

new text begin "Physical activity" means any moderate or vigorous activity
that requires physical strength, agility, range of motion, repetitive motion, speed, or stamina.
new text end

Sec. 4.

Minnesota Statutes 2016, 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 registered deleted text end
new text begin licensed new 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 registration deleted text end new text begin license new text end as an athletic trainer issued under sections 148.7808 to
148.7810. A student attending a college or university deleted text begin athletic training deleted text end new text begin approved education
new text end program must be identified as an "athletic training student."

Sec. 5.

Minnesota Statutes 2016, 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 license new text end application forms, certificate of deleted text begin registration deleted text end new text begin license 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. 6.

Minnesota Statutes 2016, section 148.7805, subdivision 1, is amended to read:

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 registered deleted text end new text begin licensed new text end athletic trainers, one being both a licensed
physical therapist and deleted text begin registered deleted text end new text begin licensed new text end athletic trainer as submitted by the Minnesota
American Physical Therapy Association new text begin , and two as submitted by the Minnesota Athletic
Trainers' Association 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.

Sec. 7.

Minnesota Statutes 2016, section 148.7805, subdivision 3, is amended to read:

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 licensing new text end and deleted text begin registration deleted text end new text begin license 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. 8.

Minnesota Statutes 2016, 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 registered deleted text end new text begin licensed new text end athletic trainer under section 148.7808
includes the activities described in paragraphs deleted text begin (a) deleted text end new text begin (b) new text end to deleted text begin (e) deleted text end new text begin (g) new text end .

deleted text begin (a) deleted text end new text begin (b) new text end An athletic trainer shall new text begin perform athletic training under the direction of or in
consultation with the primary physician new 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 (1) who is licensed in the state to practice medicine as defined in section 147.081; and
new text end

new text begin (2) whose license is in good standing.
new text end

new text begin (c) 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 injuries to
athletes in the primary employment site deleted text end new text begin a patient or client new text end .

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

deleted text begin (c) deleted text end new text begin (e) new text end deleted text begin At the primary employment site, except in a corporate setting, deleted 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 (f) 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 and 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 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 (g) 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. 9.

Minnesota Statutes 2016, 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 deleted text begin certificate of registration deleted text end new text begin
license 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 a license 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 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.

Sec. 10.

Minnesota Statutes 2016, section 148.7808, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Registration deleted text end new text begin License new text end by reciprocity.

deleted text begin (a) deleted text end The board may deleted text begin register deleted 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.

deleted text begin (b) An applicant for registration by reciprocity who has applied for registration under
subdivision 1 and meets the requirements of paragraph (a), clause (1), may apply to the
board for temporary registration under subdivision 4.
deleted text end

Sec. 11.

Minnesota Statutes 2016, 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 a license 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 or previous deleted text begin registration deleted text end new text begin
license 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; and

(6) additional information as requested by the board.

Subd. 2.

deleted text begin Registration deleted text end new text begin License 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 license 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 license new 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 registration deleted text end submitted after the deadline date
must include a late fee under section 148.7815.

Subd. 4.

Lapse of deleted text begin registration status deleted text end new text begin license new text end .

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

(1) apply for deleted text begin registration deleted text end new text begin license new 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 registration deleted text end new text begin license new text end .

(b) 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 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 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 a license new text end and fulfilling
all requirements then in existence for an initial deleted text begin registration deleted text end new text begin license new text end .

Sec. 12.

Minnesota Statutes 2016, 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 a license new text end under section 148.7808 and deleted text begin registration deleted text end new text begin license 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 license new text end .

An applicant
denied deleted text begin registration deleted text end new text begin a license 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. 13.

Minnesota Statutes 2016, section 148.7815, is amended to read:

148.7815 FEES.

Subdivision 1.

Fees.

The board shall establish fees as follows:

(1) application fee, $50; new text begin and
new text end

(2) annual deleted text begin registration deleted text end new text begin license new text end fee, $100 deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (3) temporary registration, $100; and
deleted text end

deleted text begin (4) temporary permit, $50.
deleted text end

Subd. 2.

Proration of fees.

The board may prorate the initial annual new text begin license new text end fee deleted text begin for
registration deleted 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 license new text end renewal.

Subd. 3.

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

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

Subd. 4.

Nonrefundable fees.

The fees in this section are nonrefundable.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 148.7802, subdivisions 4 and 5; and 148.7808,
subdivisions 4 and 5, new text end new text begin are repealed.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 14 are effective July 1, 2017. During the 2017 annual renewal cycle, athletic
trainers' registrations shall be converted to licenses. For purposes of interpreting sections 1
to 14 after July 1, 2017, but before a registration is converted to a license, a registration is
equivalent to a license.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2219

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.

148.7808 REGISTRATION; REQUIREMENTS.

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 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.

(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).

(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.

Subd. 5.

Temporary permit.

The board may issue a temporary permit to practice as an athletic trainer to an applicant eligible for registration under this section if the application for registration is complete, all applicable requirements in this section have been met, and a nonrefundable fee set by the board has been paid. The permit remains valid only until the meeting of the board at which a decision is made on the athletic trainer's application for registration.