S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6678

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Higher Education

AN  ACT  to  amend  the  education  law, in relation to certification of
  athletic trainers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  8351 of the education law, as amended by chapter
658 of the laws of 1993, is amended to read as follows:
  S 8351. Definition.  As used in this article "athletic trainer"  means
any  person  who  is  duly  [certified] LICENSED in accordance with this
article to perform athletic training under the supervision of  a  physi-
cian  [and limits his or her practice to secondary schools, institutions
of postsecondary education, professional athletic  organizations,  or  a
person who, under the supervision of a physician, carries out comparable
functions  on  orthopedic athletic injuries, excluding spinal cord inju-
ries, in a health care organization] AND CARRIES  OUT  THE  PRACTICE  OF
PREVENTION,  RECOGNITION, EVALUATION, MANAGEMENT, DISPOSITION, TREATMENT
AND REHABILITATION OF INJURIES. Supervision of an athletic trainer by  a
physician  shall  be  continuous but shall not be construed as requiring
the physical presence of the supervising physician at the time and place
where such services are performed.
  [The scope of work described herein shall not be construed as  author-
izing the reconditioning of neurologic injuries, conditions or disease.]
  S  2.  Section 8352 of the education law, as amended by chapter 658 of
the laws of 1993, is amended to read as follows:
  S 8352. Definition of practice of athletic training.  The practice  of
the  profession  of  athletic training is defined as the [application of
principles, methods and procedures for managing athletic injuries, which
shall include the preconditioning, conditioning and reconditioning of an
individual who has suffered an athletic injury through the use of appro-
priate preventative and supportive devices, under the supervision  of  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06145-01-3
              

A. 6678                             2

physician  and  recognizing  illness  and  referring  to the appropriate
medical professional with implementation of treatment pursuant to physi-
cian's  orders.  Athletic  training  includes  instruction  to  coaches,
athletes, parents, medical personnel and communities in the area of care
and prevention of athletic injuries.
  The scope of work described herein shall not be construed as authoriz-
ing  the  reconditioning  of neurologic injuries, conditions or disease]
PREVENTION, RECOGNITION, EXAMINATION, EVALUATION, AND REHABILITATION  OF
INJURIES,  ATHLETIC INJURIES, ILLNESSES, OR CONDITIONS RELATED TO ACTIV-
ITY THAT REQUIRES PHYSICAL SKILL AND UTILIZES  STRENGTH,  POWER,  ENDUR-
ANCE,  SPEED,  FLEXIBILITY, RANGE OF MOTION OR AGILITY, INCLUDING USE OF
VARIOUS THERAPEUTIC MODALITIES AND TECHNIQUES, WITHOUT RESPECT TO  WHERE
OR  HOW  THE  ILLNESS,  INJURY, OR CONDITION OCCURRED.   NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF PRACTICE OF AN ATHLET-
IC TRAINER BEYOND THE  DETERMINATION  OF  THE  ADVISING  AND  CONSENTING
PHYSICIAN.
  ATHLETIC  INJURY  IS  DEFINED AS ANY INJURY SUSTAINED BY AN INDIVIDUAL
THAT AFFECTS THE INDIVIDUAL'S PARTICIPATION OR  PERFORMANCE  IN  SPORTS,
GAMES,  RECREATION,  EXERCISE,  OR OTHER ACTIVITY THAT REQUIRES PHYSICAL
STRENGTH, AGILITY, FLEXIBILITY, SPEED, STAMINA OR RANGE OF MOTION.
  S 3. Section 8353 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
  S 8353. Use of the title "certified athletic trainer".  Only a  person
[certified]  LICENSED  or  otherwise authorized under this article shall
PRACTICE OR use the title "[certified] athletic trainer".
  S 4. Section 8354 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
  S 8354. State [committee]  BOARD  for  athletic  trainers.    A  state
[committee]  BOARD for athletic trainers shall be appointed by the board
of regents, upon the recommendation of the commissioner and shall assist
on matters of [certification] PROFESSIONAL  LICENSING  and  professional
conduct  in  accordance  with section six thousand five hundred eight of
this title. The [committee] BOARD shall consist of five members who  are
athletic  trainers  [certified]  LICENSED  in  this state AND ONE PUBLIC
MEMBER THAT IS A CONSUMER OF THE PROFESSION. AN EXECUTIVE  SECRETARY  TO
THE  BOARD  SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION
OF THE COMMISSIONER.  [The committee shall assist the  state  board  for
medicine  in  athletic training matters. Nominations and terms of office
of the members of  the  state  committee  for  athletic  trainers  shall
conform  to  the  corresponding  provisions  relating  thereto for state
boards under article one hundred thirty of this chapter. Notwithstanding
the foregoing, the members of the first committee need not be  certified
prior to their appointment to the committee.]
  S 5. Section 8355 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
  S 8355. Requirements  and  procedure  for professional [certification]
LICENSURE.  [For certification as a certified] TO QUALIFY FOR A  LICENSE
AS  AN  athletic  trainer under this article, an applicant shall fulfill
the following requirements:
  1. Application: file an application with the department;
  2. Education: have received an education including a  bachelor's,  its
equivalent  or higher degree in accordance with the commissioner's regu-
lations;
  3. Experience: have experience in accordance with  the  commissioner's
regulations;

A. 6678                             3

  4. Examination: pass an examination in accordance with the commission-
er's regulations;
  5. Age: be at least twenty-one years of age; and
  6. Fees: pay a fee for an initial [certificate] LICENSE of one hundred
dollars to the department; and a fee of fifty dollars for each triennial
registration period.
  S  6.  Section 8356 of the education law, as amended by chapter 658 of
the laws of 1993, is amended to read as follows:
  S 8356. [Special provisions. A person shall be certified without exam-
ination provided that, within three years from  the  effective  date  of
regulations implementing the provisions of this article, the individual:
  1.  files  an application and pays the appropriate fees to the depart-
ment; and
  2. meets the requirements of subdivisions  two  and  five  of  section
eight thousand three hundred fifty-five of this article and who in addi-
tion:
  (a)  has  been actively engaged in the profession of athletic training
for a minimum of four years during the seven years immediately preceding
the effective date of this article; or
  (b) is certified by a United States certifying body acceptable to  the
department.]  EXEMPT PERSONS. 1. NOTHING CONTAINED IN THIS ARTICLE SHALL
PROHIBIT:
  (A) THE PRACTICE OF ATHLETIC TRAINING THAT IS AN INTEGRAL  PART  OF  A
PROGRAM OF STUDY BY STUDENTS ENROLLED IN AN ACCREDITED ATHLETIC TRAINING
PROGRAM.  STUDENTS  ENROLLED  IN AN ACCREDITED ATHLETIC TRAINING PROGRAM
SHALL BE IDENTIFIED AS "ATHLETIC TRAINING STUDENTS" AND SHALL ONLY PRAC-
TICE ATHLETIC TRAINING UNDER THE DIRECTION AND IMMEDIATE SUPERVISION  OF
AN  ATHLETIC  TRAINER CURRENTLY LICENSED UNDER THIS ARTICLE. AN ATHLETIC
TRAINING STUDENT SHALL NOT HOLD HIMSELF OR HERSELF  OUT  AS  A  LICENSED
ATHLETIC TRAINER; OR
  (B) THE PRACTICE OF ATHLETIC TRAINING BY ANY PERSON WHO IS AN ATHLETIC
TRAINER  FROM  ANOTHER NATION, STATE, OR TERRITORY ACTING AS AN ATHLETIC
TRAINER WHILE FOR PURPOSES OF CONTINUING EDUCATION, OR PERFORMING HIS OR
HER DUTIES FOR HIS OR HER RESPECTIVE NON-NEW YORK STATE  BASED  TEAM  OR
ORGANIZATION, SO LONG AS HE OR SHE RESTRICTS HIS OR HER DUTIES TO HIS OR
HER  TEAM  OR  ORGANIZATION  DURING  THE  COURSE OF HIS OR HER TEAM'S OR
ORGANIZATION'S STAY IN THIS STATE FOR NO  MORE  THAN  SIXTY  DAYS  IN  A
CALENDAR YEAR.
  2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE ADMIN-
ISTRATION OF THERAPEUTIC MANAGEMENT OR THE USE OF MODALITIES BY A PERSON
WHO IS OTHERWISE AUTHORIZED TO PERFORM SUCH DUTIES.
  S  7.  The  education law is amended by adding a new section 8356-a to
read as follows:
  S 8356-A. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ATHLET-
IC TRAINER REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH  THE
DEPARTMENT  TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED  IN  SUBDIVI-
SION  TWO  OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C)
OF THIS SUBDIVISION. LICENSED ATHLETIC TRAINERS WHO DO NOT  SATISFY  THE
MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
TION  CERTIFICATE,  EXCEPT THAT A LICENSED ATHLETIC TRAINER MAY PRACTICE
WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE  IS  ISSUED  A  CONDI-
TIONAL  REGISTRATION  CERTIFICATE PURSUANT  TO SUBDIVISION THREE OF THIS
SECTION.

A. 6678                             4

  (B) EACH LICENSED ATHLETIC TRAINER SHALL BE EXEMPT FROM THE  MANDATORY
CONTINUING  EDUCATION  REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD
DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORDANCE WITH THE  INTENT
OF  THIS  SECTION,  ADJUSTMENT  TO  THE  MANDATORY  CONTINUING EDUCATION
REQUIREMENT  MAY  BE  GRANTED  BY  THE  DEPARTMENT FOR REASONS OF HEALTH
CERTIFIED BY AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL,  FOR  EXTENDED
ACTIVE  DUTY  WITH  THE  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED ATHLETIC TRAINER NOT ENGAGED IN PRACTICE, AS DETERMINED
BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING  EDUCA-
TION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE DEPARTMENT
DECLARING SUCH STATUS. ANY LICENSEE  WHO  RETURNS  TO  THE  PRACTICE  OF
ATHLETIC  TRAINING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND  SHALL  MEET  SUCH
MANDATORY  EDUCATION  REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS
OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR  REGIS-
TRATION  AS  A  LICENSED  ATHLETIC  TRAINER  SHALL COMPLETE A MINIMUM OF
FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED
IN SUBDIVISION FOUR OF THIS SECTION. ANY LICENSED ATHLETIC TRAINER WHOSE
FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
OCCURS  LESS  THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
JANUARY FIRST, TWO THOUSAND FOURTEEN, SHALL COMPLETE  CONTINUING  EDUCA-
TION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE
PERIOD  BEGINNING  JANUARY FIRST, TWO THOUSAND FOURTEEN AND THEN FIFTEEN
HOURS PER YEAR UNTIL HIS OR HER FIRST REGISTRATION  DATE  THEREAFTER.  A
LICENSEE  WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND  UNTIL  A  CONDITIONAL
REGISTRATION  CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING  ONE  TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.
  4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
EDUCATION" SHALL MEAN FORMAL COURSES OF  LEARNING  WHICH  CONTRIBUTE  TO
PROFESSIONAL  PRACTICE IN ATHLETIC TRAINING AND WHICH MEET THE STANDARDS
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH  FORMAL  COURSES  OF
LEARNING  SHALL  INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND  TECHNICAL
SESSIONS  OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS
AND OTHER ORGANIZATIONS ACCEPTABLE TO  THE  DEPARTMENT,  AND  ANY  OTHER
ORGANIZED  EDUCATIONAL  AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART-
MENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO  CONTRIBUTE
TO  THE  HEALTH  AND  WELFARE  OF  THE PUBLIC, REQUIRE THE COMPLETION OF

A. 6678                             5

CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
TORY CONTINUING EDUCATION REQUIREMENT. COURSES  MUST  BE  TAKEN  FROM  A
SPONSOR  APPROVED  BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.
  5.  A  LICENSED ATHLETIC TRAINER SHALL MAINTAIN ADEQUATE DOCUMENTATION
OF COMPLETION  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL
PROVIDE  SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO
PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT  SHALL  BE
AN  ACT  OF  MISCONDUCT  SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION EIGHTY-THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE.
  S 8. Section 8357 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
  S 8357. Non-liability  of  [certified]  LICENSED athletic trainers for
first aid or emergency  treatment.    Notwithstanding  any  inconsistent
provision of any general, special or local law, any [certified] LICENSED
athletic trainer who voluntarily and without the expectation of monetary
compensation renders first aid or emergency treatment at the scene of an
accident  or other emergency, outside a hospital, doctor's office or any
other place having proper and necessary athletic training equipment,  to
a  person  who  is  unconscious, ill or injured, shall not be liable for
damages for injuries alleged to have been sustained by  such  person  or
for  damages  for  the  death of such person alleged to have occurred by
reason of an act or omission in the rendering of such first aid or emer-
gency treatment unless it is established that such injuries were or such
death was caused by gross  negligence  on  the  part  of  such  LICENSED
athletic  trainer.  Nothing in this section shall be deemed or construed
to relieve a [certified] LICENSED athletic trainer  from  liability  for
damages  for  injuries or death caused by an act or omission on the part
of an athletic trainer while  rendering  professional  services  in  the
normal and ordinary course of his or her practice.
  S  9. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.