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

                                 4465--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  LATIMER,  NOZZOLIO  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06145-02-3
              

S. 4465--A                          2

individual who has suffered an athletic injury through the use of appro-
priate  preventative  and supportive devices, under the supervision of a
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;

S. 4465--A                          3

  3.  Experience:  have experience in accordance with the commissioner's
regulations;
  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-

S. 4465--A                          4

TIONAL  REGISTRATION  CERTIFICATE PURSUANT  TO SUBDIVISION THREE OF THIS
SECTION.
  (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 FIFTEEN, SHALL COMPLETE CONTINUING EDUCATION
HOURS ON A PRORATED BASIS AT THE RATE OF ONE  HOUR  PER  MONTH  FOR  THE
PERIOD  BEGINNING  JANUARY  FIRST, TWO THOUSAND FIFTEEN 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-

S. 4465--A                          5

MENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO  CONTRIBUTE
TO  THE  HEALTH  AND  WELFARE  OF  THE PUBLIC, REQUIRE THE COMPLETION OF
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.