Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 232-S.F.No. 832 
           An act relating to occupations and professions; 
          regulating athletic trainers; establishing an advisory 
          council; providing for registration; requiring fees; 
          providing for rulemaking; imposing penalties; 
          appropriating money; amending Minnesota Statutes 1992, 
          section 116J.70, subdivision 2a; proposing coding for 
          new law in Minnesota Statutes, chapter 148. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 116J.70, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
"license" does not include the following:  
    (1) any occupational license or registration issued by a 
licensing board listed in section 214.01 or any occupational 
registration issued by the commissioner of health pursuant to 
section 214.13; 
    (2) any license issued by a county, home rule charter city, 
statutory city, township, or other political subdivision; 
    (3) any license required to practice the following 
occupation regulated by the following sections:  
    (a) abstracters regulated pursuant to chapter 386; 
    (b) accountants regulated pursuant to chapter 326; 
    (c) adjusters regulated pursuant to chapter 72B; 
    (d) architects regulated pursuant to chapter 326; 
    (e) assessors regulated pursuant to chapter 270; 
    (f) athletic trainers regulated pursuant to chapter 148; 
    (g) attorneys regulated pursuant to chapter 481; 
    (g) (h) auctioneers regulated pursuant to chapter 330; 
    (h) (i) barbers regulated pursuant to chapter 154; 
    (i) (j) beauticians regulated pursuant to chapter 155A; 
    (j) (k) boiler operators regulated pursuant to chapter 183; 
    (k) (l) chiropractors regulated pursuant to chapter 148; 
    (l) (m) collection agencies regulated pursuant to chapter 
332; 
    (m) (n) cosmetologists regulated pursuant to chapter 155A; 
    (n) (o) dentists, registered dental assistants, and dental 
hygienists regulated pursuant to chapter 150A; 
    (o) (p) detectives regulated pursuant to chapter 326; 
    (p) (q) electricians regulated pursuant to chapter 326; 
    (q) (r) embalmers regulated pursuant to chapter 149; 
    (r) (s) engineers regulated pursuant to chapter 326; 
    (s) (t) insurance brokers and salespersons regulated 
pursuant to chapter 60A; 
    (t) (u) certified interior designers regulated pursuant to 
chapter 326; 
    (u) (v) midwives regulated pursuant to chapter 148; 
    (v) (w) morticians regulated pursuant to chapter 149; 
    (w) (x) nursing home administrators regulated pursuant to 
chapter 144A; 
    (x) (y) optometrists regulated pursuant to chapter 148; 
    (y) (z) osteopathic physicians regulated pursuant to 
chapter 147; 
    (z) (aa) pharmacists regulated pursuant to chapter 151; 
    (aa) (bb) physical therapists regulated pursuant to chapter 
148; 
    (bb) (cc) physicians and surgeons regulated pursuant to 
chapter 147; 
    (cc) (dd) plumbers regulated pursuant to chapter 326; 
    (dd) (ee) podiatrists regulated pursuant to chapter 153; 
    (ee) (ff) practical nurses regulated pursuant to chapter 
148; 
    (ff) (gg) professional fund raisers regulated pursuant to 
chapter 309; 
    (gg) (hh) psychologists regulated pursuant to chapter 148; 
    (hh) (ii) real estate brokers, salespersons, and others 
regulated pursuant to chapters 82 and 83; 
    (ii) (jj) registered nurses regulated pursuant to chapter 
148; 
    (jj) (kk) securities brokers, dealers, agents, and 
investment advisers regulated pursuant to chapter 80A; 
    (kk) (ll) steamfitters regulated pursuant to chapter 326; 
    (ll) (mm) teachers and supervisory and support personnel 
regulated pursuant to chapter 125; 
    (mm) (nn) veterinarians regulated pursuant to chapter 156; 
    (nn) (oo) water conditioning contractors and installers 
regulated pursuant to chapter 326; 
    (oo) (pp) water well contractors regulated pursuant to 
chapter 156A; 
    (pp) (qq) water and waste treatment operators regulated 
pursuant to chapter 115; 
    (qq) (rr) motor carriers regulated pursuant to chapter 221; 
    (rr) (ss) professional corporations regulated pursuant to 
chapter 319A; 
    (4) any driver's license required pursuant to chapter 171; 
    (5) any aircraft license required pursuant to chapter 360; 
    (6) any watercraft license required pursuant to chapter 
86B; 
     (7) any license, permit, registration, certification, or 
other approval pertaining to a regulatory or management program 
related to the protection, conservation, or use of or 
interference with the resources of land, air, or water, which is 
required to be obtained from a state agency or instrumentality; 
and 
     (8) any pollution control rule or standard established by 
the pollution control agency or any health rule or standard 
established by the commissioner of health or any licensing rule 
or standard established by the commissioner of human services.  
    Sec. 2.  [148.7801] [CITATION.] 
    Sections 148.7801 to 148.7815 may be cited as the 
"Minnesota athletic trainers act." 
    Sec. 3.  [148.7802] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to this chapter. 
    Subd. 2.  [APPROVED CONTINUING EDUCATION PROGRAM.] 
"Approved continuing education program" means a continuing 
education program that meets the continuing education 
requirements in section 148.7812 and is approved by the board. 
    Subd. 3.  [APPROVED EDUCATION PROGRAM.] "Approved education 
program" means a university, college, or other post-secondary 
education program of athletic training that, at the time the 
student completes the program, is approved or accredited by 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.  
    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. 
    Subd. 6.  [ATHLETIC TRAINER.] "Athletic trainer" means a 
person who engages in athletic training under section 148.7806 
and is registered under section 148.7808. 
    Subd. 7.  [BOARD.] "Board" means the board of medical 
practice. 
    Subd. 8.  [CREDENTIAL.] "Credential" means a license, 
permit, certification, registration, or other evidence of 
qualification or authorization to practice as an athletic 
trainer in this state or any other state. 
    Subd. 9.  [CREDENTIALING EXAMINATION.] "Credentialing 
examination" means an examination administered by the National 
Athletic Trainers Association 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. 
    Subd. 10.  [PRIMARY EMPLOYMENT SITE.] "Primary employment 
site" means the institution, organization, corporation, or 
sports team where the athletic trainer is employed for the 
practice of athletic training. 
    Subd. 11.  [PRIMARY PHYSICIAN.] "Primary physician" means a 
licensed medical physician who serves as a medical consultant to 
an athletic trainer.  
    Sec. 4.  [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 registered athletic trainer; athletic trainer; A.T.R.; 
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 a 
"student athletic trainer." 
    Subd. 2.  [PENALTY.] A person who violates this section is 
guilty of a misdemeanor and subject to section 214.11. 
    Sec. 5.  [148.7804] [POWERS OF THE BOARD.] 
    The board, acting under the advice of the athletic 
trainer's advisory council, shall issue all registrations and 
shall exercise the following powers and duties:  
    (1) adopt rules necessary to implement sections 148.7801 to 
148.7815; 
    (2) prescribe registration application forms, certificate 
of registration forms, protocol forms, and other necessary 
forms; 
    (3) approve a registration examination; 
    (4) keep a complete record of registered athletic trainers, 
prepare a current official listing of the names and addresses of 
registered 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.  [148.7805] [ATHLETIC TRAINER'S ADVISORY COUNCIL.] 
    Subdivision 1.  [CREATION; MEMBERSHIP.] The athletic 
trainer's 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, except for initial appointees, are 
registered athletic trainers, one being both a registered 
physical therapist and registered athletic trainer as submitted 
by the Minnesota American Physical Therapy Association; 
    (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 registration and registration 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. 7.  [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 athletic injuries; 
    (2) give emergency care and first aid; 
    (3) manage and treat athletic injuries; and 
    (4) rehabilitate and physically recondition athletic 
injuries.  
    The athletic trainer may use modalities such as cold, heat, 
light, sound, electricity, exercise, and mechanical devices for 
treatment and rehabilitation of athletic injuries to athletes 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, except in a corporate 
setting, an athletic trainer may evaluate and treat an athlete 
for an athletic 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 
athletes; 
    (2) monitor the signs, symptoms, general behavior, and 
general physical response of an athlete 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 athlete 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. 8.  [148.7807] [LIMITATIONS ON PRACTICE.] 
    If an athletic trainer determines that a patient's medical 
condition 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. 9.  [148.7808] [REGISTRATION; REQUIREMENTS.] 
    Subdivision 1.  [REGISTRATION.] The board may issue a 
certificate of registration as an athletic trainer to applicants 
who meet the requirements under this section.  An applicant for 
registration 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 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 within one year of the 
application for registration; 
    (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. 
    Subd. 2.  [REGISTRATION BY EQUIVALENCY.] The board may 
register by equivalency an applicant who: 
    (1) submits the application materials and fees required 
under subdivision 1, clauses (1) to (8), and (10 to (12); and 
    (2) provides evidence satisfactory to the board of current 
certification by the National Athletic Trainers Association 
Board of Certification. 
    Applicants who were certified by the National Athletic 
Trainers Association through the "grandfather" process prior to 
1971 are exempt from completing subdivision 1, clauses (2) and 
(9). 
    Subd. 3.  [REGISTRATION BY RECIPROCITY.] (a) The board may 
register 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. 
    (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.  
    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 one year.  
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 one year after the date of the 
temporary registration.  
    (b) Except as provided in subdivision 3, 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 four athletic 
trainers with temporary registrations shall work under the 
direction of a registered athletic trainer.  
    Subd. 5.  [REGISTRATION; TRANSITION PERIOD.] (a) For two 
years after the effective date of sections 148.7801 to 148.7815, 
an applicant who has not completed an accredited or approved 
education program and is not certified by the National Athletic 
Trainers Association, the Board of Certification, or other 
national accrediting organization approved by the board, may 
qualify for registration.  The board shall notify potential 
applicants of the effective date of sections 148.7801 to 
148.7815 and the final date for submitting an application for 
registration during this transition period.  Applications for 
registration under this subdivision shall not be accepted after 
the expiration date of the two-year period.  
    (b) An applicant for registration during the transition 
period must: 
    (1) submit an application and fees required under 
subdivision 1, clauses (1) and (3) to (12); 
    (2) submit documentation from a licensed medical physician 
verifying the athletic training services provided by the 
applicant and that the applicant has been employed in athletic 
training for no less than 21 hours per week for four of the five 
years immediately preceding the application; and 
    (3) achieve a qualifying score on the written examination 
of the National Athletic Trainers Association Board of 
Certification during the two-year transition period. 
    Sec. 10.  [148.7809] [REGISTRATION RENEWAL.] 
    Subdivision 1.  [REQUIREMENTS FOR REGISTRATION RENEWAL.] A 
registered athletic trainer shall apply to the board for a 
one-year extension of registration 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 
registration 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 registration 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.  [REGISTRATION 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 registration 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 registration renewal under this section.  
    Subd. 3.  [RENEWAL DEADLINE.] (a) An application for 
renewal of registration 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 registration submitted 
after the deadline date must include a late fee under section 
148.7815. 
    Subd. 4.  [LAPSE OF REGISTRATION STATUS.] An athletic 
trainer whose registration has lapsed must: 
    (1) apply for registration 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 registration. 
    Sec. 11.  [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 registration 
under section 148.7808 and registration 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 
REGISTRATION.] An applicant denied registration 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. 12.  [148.7811] [CHANGE OF ADDRESS.] 
    A registered athletic trainer must notify the board, in 
writing, within 30 days of a change of address.  
    Sec. 13.  [148.7812] [CONTINUING EDUCATION REQUIREMENTS.] 
    Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] An 
athletic trainer shall complete during every three-year period 
at least the equivalent of 60 contact hours of continuing 
professional postdegree education in programs approved by the 
board. 
    Subd. 2.  [APPROVED PROGRAMS.] The board shall approve a 
continuing education program that has been approved for 
continuing education credit by the National Athletic Trainers 
Association Board of Certification. 
    Subd. 3.  [APPROVAL OF CONTINUING EDUCATION PROGRAMS.] A 
continuing education program that has not been approved under 
subdivision 2 shall be approved by the board if: 
    (1) the program content directly relates to the practice of 
athletic training or sports medicine; 
    (2) each member of the program faculty shows expertise in 
the subject matter by holding a degree from an accredited 
education program, having verifiable experience in the field of 
athletic training or sports medicine, having special training in 
the subject area, or having experience teaching in the subject 
area; 
    (3) the program lasts at least one contact hour; 
    (4) there are specific written objectives describing the 
goals of the program for the participants; and 
    (5) the program sponsor maintains attendance records for 
four years. 
    Subd. 4.  [VERIFICATION OF CONTINUING EDUCATION CREDITS.] 
The board shall periodically select a random sample of athletic 
trainers and require the athletic trainers to show evidence to 
the board of having completed the continuing education 
requirements attested to by the athletic trainer.  Either the 
athletic trainer or state or national organizations that 
maintain continuing education records may provide to the board 
documentation of attendance at a continuing education program.  
    Subd. 5.  [RESTRICTION ON CONTINUING EDUCATION TOPICS.] To 
meet the continuing education requirement in subdivision 1, an 
athletic trainer may have no more than ten hours of continuing 
education in the areas of management, risk management, personal 
growth, and educational techniques in a three-year reporting 
period. 
    Sec. 14.  [148.7813] [DISCIPLINARY PROCESS.] 
    Subdivision 1.  [INVESTIGATION OF COMPLAINTS.] Upon receipt 
of a complaint or other communication pursuant to section 
214.13, subdivision 6, that alleges or implies a violation of 
sections 148.7801 to 148.7815 by an applicant or registered 
athletic trainer, the board shall follow the procedures in 
section 214.10. 
    Subd. 2.  [GROUNDS FOR DISCIPLINARY ACTION.] The board may 
impose disciplinary action as described in subdivision 3 against 
an athletic trainer whom the board, after a hearing under the 
contested case provisions of chapter 14, determines: 
    (1) has knowingly made a false statement on a form required 
by the board for registration or registration renewal; 
    (2) has provided athletic training services in a manner 
that falls below the standard of care of the profession; 
    (3) has violated sections 148.7801 to 148.7815 or the rules 
adopted under these sections; 
    (4) is or has been afflicted with any physical, mental, 
emotional, or other disability, or addiction that, in the 
opinion of the board, adversely affects the person's ability to 
practice athletic training; 
    (5) has failed to cooperate with an investigation by the 
board; 
    (6) has been convicted or has pled guilty or nolo 
contendere to an offense that in the opinion of the board 
reasonably relates to the practice of athletic training or that 
bears on the athletic trainer's ability to practice athletic 
training; 
    (7) has aided and abetted in any manner a person in 
violating sections 148.7801 to 148.7815; 
    (8) has been disciplined by an agency or board of another 
state while in the practice of athletic training; 
    (9) has shown dishonest, unethical, or unprofessional 
conduct while in the practice of athletic training that is 
likely to deceive, defraud, or harm the public; 
    (10) has violated a state or federal law, rule, or 
regulation that in the opinion of the board reasonably relates 
to the practice of athletic training; 
    (11) has behaved in a sexual manner or what may reasonably 
be interpreted by a patient as sexual, or was verbally seductive 
or sexually demeaning to a patient; 
    (12) has misused alcohol, drugs, or controlled substances; 
or 
    (13) has violated an order issued by the board. 
    Subd. 3.  [DISCIPLINARY ACTIONS.] When grounds for 
disciplinary action exist under subdivision 2, the board may 
take one or more of the following actions: 
    (1) deny the right to practice; 
    (2) revoke the right to practice; 
    (3) suspend the right to practice; 
    (4) impose limitations on the practice of the athletic 
trainer; 
    (5) impose conditions on the practice of the athletic 
trainer; 
    (6) impose a civil penalty not exceeding $10,000 for each 
separate violation, the amount of the civil penalty to be fixed 
so as to deprive the athletic trainer of any economic advantage 
gained by reason of the violation charged, or to discourage 
repeated violations; 
    (7) censure or reprimand the athletic trainer; or 
    (8) take any other action justified by the facts of the 
case. 
    Subd. 4.  [REINSTATEMENT.] An athletic trainer who has had 
registration revoked cannot apply for reinstatement.  A 
suspended athletic trainer shall be reinstated upon evidence 
satisfactory to the board of fulfillment of the terms of 
suspension.  All requirements of section 148.7809 to renew 
registration, if applicable, must also be met before 
reinstatement. 
    Sec. 15.  [148.7814] [APPLICABILITY.] 
    Sections 148.7801 to 148.7815 do not apply to persons who 
are certified as athletic trainers by the National Athletic 
Trainers Association Board of Certification and come into 
Minnesota for a specific athletic event or series of athletic 
events with an individual or group.  
    Sec. 16.  [148.7815] [FEES.] 
    Subdivision 1.  [REGISTRATION FEE.] The fee for 
registration under section 148.7808 and annual renewal under 
section 148.7809 is $100.  
    Subd. 2.  [PRORATION OF FEES.] The board shall prorate the 
fees for registration under section 148.7808 as follows: 
    (1) applicants for initial registration between July 1 and 
December 31 shall pay the full registration fee; and 
    (2) applicants for initial registration between January 1 
and June 30 shall pay one-half the registration fee. 
    Athletic trainers registered under section 148.7808 are 
required to pay the full fee upon registration renewal. 
    Subd. 3.  [PENALTY FOR A LATE APPLICATION FOR REGISTRATION 
RENEWAL.] The penalty for late submission of a registration 
renewal application under section 148.7809 is $15. 
    Subd. 4.  [NONREFUNDABLE FEES.] The fees in this section 
are nonrefundable. 
    Sec. 17.  [APPROPRIATION.] 
    $40,000 is appropriated from the special revenue fund to 
the board of medical practice for the purposes of sections 1 to 
16.  $20,000 is for fiscal year 1994 and $20,000 is for fiscal 
year 1995.  
    Sec. 18.  [EFFECTIVE DATE.] 
    Sections 5 and 6 are effective the day following final 
enactment. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 4:50 p.m.