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

                                  1266

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  LAVINE,  GRAF, ZEBROWSKI, WALTER, MONTESANO,
  LIFTON, SKOUFIS, BARRETT, SKARTADOS, SOLAGES -- Multi-Sponsored by  --
  M. of A. GALEF, KEARNS, LUPINACCI, McDONOUGH, PAULIN, SALADINO -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03316-01-5
              

A. 1266                             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;

A. 1266                             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-

A. 1266                             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 SIXTEEN, 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 SIXTEEN 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-

A. 1266                             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.

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

                                 1266--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  LAVINE,  GRAF, ZEBROWSKI, WALTER, MONTESANO,
  LIFTON, SKOUFIS, BARRETT, SKARTADOS, SOLAGES, STIRPE, OTIS  --  Multi-
  Sponsored by -- M. of A. GALEF, KEARNS, LUPARDO, LUPINACCI, McDONOUGH,
  PAULIN,  SALADINO,  WOERNER -- read once and referred to the Committee
  on Higher Education -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Higher Education in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law,  in  relation  to  the  licensure  of
  athletic trainers; and to repeal certain provisions of such law relat-
  ing thereto

  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. Supervision of an athletic trainer
by a physician shall be continuous but shall not be construed as requir-
ing 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 authoriz-
ing  the  reconditioning of neurologic injuries, conditions or disease].
THE PRACTICE OF THE PROFESSION OF  ATHLETIC  TRAINING  IS  PERFORMED  BY
ATHLETIC TRAINERS AND IS DEFINED AS HEALTH CARE PROFESSIONALS WHO ENGAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03316-10-6
              

A. 1266--B                          2

IN  THE  PREVENTION,  RECOGNITION,  EXAMINATION, EVALUATION, ASSESSMENT,
MANAGEMENT, TREATMENT AND REHABILITATION OF  NEUROMUSCULOSKELETAL  INJU-
RIES  THAT  OCCUR IN ACTIVE INDIVIDUALS. THESE ACTIVE INDIVIDUALS ENGAGE
IN ACTIVITIES THAT REQUIRE A HIGH DEGREE OF PHYSICAL EXERTION, INCLUDING
BUT NOT LIMITED TO ATHLETIC INDIVIDUALS, PERFORMING ARTISTS AND INDIVID-
UALS  INVOLVED IN PUBLIC PROTECTION OR EMERGENCY SERVICES OR INDIVIDUALS
INVOLVED IN ADAPTIVE ATHLETICS. ATHLETIC TRAINERS  RECOGNIZE,  EVALUATE,
AND  ASSIST  IN  THE  MANAGEMENT  OF SPORT-RELATED ILLNESSES AND MEDICAL
CONDITIONS. THE PRACTICE OF ATHLETIC TRAINING MAY INCLUDE USE OF VARIOUS
THERAPEUTIC MODALITIES AND TECHNIQUES. SUPERVISION BY A PHYSICIAN  SHALL
BE CONTINUOUS BUT SHALL NOT BE CONSTRUED AS REQUIRING THE PHYSICAL PRES-
ENCE  OF  THE  SUPERVISING  PHYSICIAN  AT  THE TIME AND PLACE WHERE SUCH
SERVICES ARE PERFORMED.
  THE SCOPE OF WORK DESCRIBED IN THIS SECTION SHALL NOT BE CONSTRUED  AS
AUTHORIZING  THE MANAGEMENT AND TREATMENT OF ACUTE, SUBACUTE, OR CHRONIC
NEUROLOGICAL PATHOLOGIES AND COMORBIDITIES OR NEUROLOGICAL DISEASE PROC-
ESSES WITH THE EXCEPTIONS OF MANAGEMENT AND TREATMENT OF EMERGENT NEURO-
LOGICAL CONDITIONS SUCH AS CONCUSSIONS, SPINAL CORD  INJURIES  OR  NERVE
INJURIES  RESULTING FROM PARTICIPATION IN AN ATHLETIC EVENT, OR IN INDI-
VIDUALS INVOLVED IN ADAPTIVE ATHLETICS.
  S 2. Section 8352 of the education law is REPEALED.
  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 ATHLETIC TRAINING OR use the title "[certified]  athletic
trainer" OR THE ABBREVIATION "AT".
  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 for athletic trainers.  A state committee 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 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.  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. [Notwithstand-
ing the foregoing, the members of the first committee need not be certi-
fied 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,  PROVIDED  HOWEVER,  AS OF TWO THOUSAND TWENTY-FIVE, APPLICANTS
MUST HAVE RECEIVED A  MASTER'S  DEGREE,  ITS  EQUIVALENT  OR  HIGHER  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;

A. 1266--B                          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 ATHLETIC TRAINING PROGRAM
APPROVED BY THE DEPARTMENT.  STUDENTS ENROLLED IN AN  APPROVED  ATHLETIC
TRAINING PROGRAM SHALL BE IDENTIFIED AS "ATHLETIC TRAINING STUDENTS" AND
SHALL  ONLY PRACTICE ATHLETIC TRAINING UNDER THE DIRECTION AND IMMEDIATE
SUPERVISION OF AN ATHLETIC TRAINER CURRENTLY LICENSED UNDER  THIS  ARTI-
CLE.  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  LICENSED
AND IN GOOD STANDING TO PRACTICE ATHLETIC TRAINING IN ANOTHER STATE FROM
ACTING  AS  AN  ATHLETIC TRAINER WITHOUT A NEW YORK STATE LICENSE SOLELY
FOR THE FOLLOWING PURPOSES:  (I)  CLINICAL  EDUCATION,  PRACTICE  DEMON-
STRATIONS  OR  CLINICAL RESEARCH THAT IS WITHIN THE PRACTICE OF ATHLETIC
TRAINING IN CONNECTION WITH A PROGRAM OF BASIC CLINICAL EDUCATION, GRAD-
UATE EDUCATION, OR POST-GRADUATE EDUCATION  IN  AN  APPROVED  SCHOOL  OF
ATHLETIC  TRAINING,  OR IN A CLINICAL FACILITY, OR A HEALTH CARE AGENCY,
OR CONTINUING EDUCATION; OR (II) PERFORMING DUTIES WITH HIS OR HER  TEAM
OR ORGANIZATION, SO LONG AS DUTIES ARE RESTRICTED TO THAT TEAM OR ORGAN-
IZATION  DURING  THE COURSE OF THAT TEAM'S OR ORGANIZATION'S STAY IN NEW
YORK STATE FOR NO MORE THAN SIXTY DAYS IN  A  CALENDAR  YEAR;  OR  (III)
ASSISTING  IN  THE  CARE  OF  ATHLETES IN A SPECIFIC SANCTIONED ATHLETIC
EVENT; OR (IV) ASSISTING A NEW YORK STATE LICENSED ATHLETIC  TRAINER  IN
THE CASE OF AN EMERGENCY SITUATION TO ANOTHER TEAM'S PLAYER.  ANY PERSON
PRACTICING ATHLETIC TRAINING IN NEW YORK STATE PURSUANT TO THIS SUBDIVI-
SION  SHALL  BE  SUBJECT TO PERSONAL AND SUBJECT MATTER JURISDICTION AND
THE DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AS  IF
HE  OR SHE IS A LICENSEE AND AS IF THE EXEMPTION PURSUANT TO THIS SUBDI-
VISION IS A LICENSE.  SUCH INDIVIDUALS SHALL CONSENT TO THE  APPOINTMENT
OF  THE  SECRETARY  OF  STATE OR OTHER PUBLIC OFFICIAL ACCEPTABLE TO THE
DEPARTMENT, IN SUCH  ATHLETIC  TRAINERS'  STATES  OF  LICENSURE  AS  THE
ATHLETIC TRAINERS' AGENTS UPON WHOM PROCESS MAY BE SERVED IN ANY ACTIONS
OR  PROCEEDINGS  BY THE DEPARTMENT AGAINST SUCH ATHLETIC TRAINERS.  SUCH

A. 1266--B                          4

INDIVIDUALS SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE, THE  RULES
OF THE BOARD OF REGENTS AND THE REGULATIONS OF THE COMMISSIONER RELATING
TO  PROFESSIONAL  MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR
PROFESSIONAL MISCONDUCT; OR
  (C)  THE  PRACTICE OF ATHLETIC TRAINING BY ANY PERSON WHO IS OTHERWISE
AUTHORIZED AND IN GOOD STANDING TO PRACTICE ATHLETIC TRAINING OR ATHLET-
IC THERAPY IN ANOTHER COUNTRY, STATE, OR TERRITORY THAT IMPOSES THE SAME
REQUIREMENTS SET FORTH IN SECTION  EIGHTY-THREE  HUNDRED  FIFTY-FIVE  OF
THIS ARTICLE.
  2.  THIS  ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT QUALIFIED MEMBERS
OF OTHER LICENSED OR LEGALLY RECOGNIZED PROFESSIONS FROM PERFORMING WORK
INCIDENTAL TO THE PRACTICE OF THEIR PROFESSION, EXCEPT THAT SUCH PERSONS
MAY NOT HOLD THEMSELVES OUT UNDER  THE  TITLE  ATHLETIC  TRAINER  OR  AS
PERFORMING ATHLETIC TRAINING.
  S  7.  The  education law is amended by adding two new sections 8356-a
and 8356-b 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.
  (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 EIGHTEEN, 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 EIGHTEEN 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

A. 1266--B                          5

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 ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO
THE  DEPARTMENT.  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  MANDATORY  CONTINUING  EDUCATION  REQUIREMENT.  CONTINUING
EDUCATION  COURSES MUST BE TAKEN FROM A PROVIDER APPROVED BY THE DEPART-
MENT, BASED UPON AN APPLICATION AND FEE 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  PAYABLE  ON  OR
BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
PAID  IN  ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION
EIGHTY-THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE.
  S 8356-B. SPECIAL PROVISIONS. ANY PERSON WHO IS LICENSED AS  A  CERTI-
FIED  ATHLETIC  TRAINER  BY THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS
SECTION SHALL BE LICENSED AS AN ATHLETIC  TRAINER  WITHOUT  MEETING  ANY
ADDITIONAL REQUIREMENTS.
  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

A. 1266--B                          6

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.

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

                                 1266--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  LAVINE,  GRAF, ZEBROWSKI, WALTER, MONTESANO,
  LIFTON, SKOUFIS, BARRETT,  SKARTADOS,  SOLAGES,  STIRPE,  OTIS,  RAIA,
  BRABENEC, MURRAY -- Multi-Sponsored by -- M. of A. FITZPATRICK, GALEF,
  KEARNS,  LUPARDO, LUPINACCI, McDONOUGH, PAULIN, RA, SALADINO, SCHIMEL,
  WOERNER -- read once and referred to the Committee on Higher Education
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee -- again reported from said committee with
  amendments, ordered reprinted  as  amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  education  law, in relation to the licensure of
  athletic trainers; and to repeal certain provisions of such law relat-
  ing thereto

  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. Supervision of an athletic  trainer
by a physician shall be continuous but shall not be construed as requir-
ing  the  physical presence of the supervising physician at the time and
place where such services are performed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03316-14-6

              

A. 1266--C                          2

  The scope of work described herein shall not be construed as authoriz-
ing the reconditioning of neurologic injuries, conditions  or  disease].
THE  PRACTICE  OF  THE  PROFESSION  OF ATHLETIC TRAINING IS PERFORMED BY
ATHLETIC TRAINERS WHO ARE  DEFINED  AS  HEALTH  CARE  PROFESSIONALS  WHO
ENGAGE  IN THE PREVENTION, RECOGNITION, EXAMINATION, EVALUATION, ASSESS-
MENT, MANAGEMENT, TREATMENT AND REHABILITATION  OF  NEUROMUSCULOSKELETAL
INJURIES  THAT  OCCUR IN ACTIVE INDIVIDUALS WITH TREATMENT IN ACCORDANCE
WITH THE SUPERVISING  PHYSICIAN.  THESE  ACTIVE  INDIVIDUALS  ENGAGE  IN
ACTIVITIES  THAT  REQUIRE  A  HIGH  DEGREE  OF  PHYSICAL  EXERTION, THAT
INVOLVES TRAINING AND  WHERE  INJURY  OCCURS  DURING  SUCH  TRAINING  OR
ATHLETIC  ENDEAVOR,  INCLUDING  BUT NOT LIMITED TO ATHLETIC INDIVIDUALS,
PERFORMING ARTISTS AND INDIVIDUALS  INVOLVED  IN  PUBLIC  PROTECTION  OR
EMERGENCY  SERVICES  OR  INDIVIDUALS  INVOLVED  IN  ADAPTIVE  ATHLETICS.
ATHLETIC TRAINERS RECOGNIZE, EVALUATE, AND ASSIST IN THE  MANAGEMENT  OF
SPORT-RELATED ILLNESSES AND MEDICAL CONDITIONS. THE PRACTICE OF ATHLETIC
TRAINING  MAY  INCLUDE  USE  OF VARIOUS THERAPEUTIC MODALITIES AND TECH-
NIQUES. SUPERVISION BY A PHYSICIAN SHALL BE CONTINUOUS BUT SHALL NOT  BE
CONSTRUED  AS  REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSI-
CIAN AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
  THE SCOPE OF WORK DESCRIBED IN THIS SECTION SHALL NOT BE CONSTRUED  AS
AUTHORIZING  THE MANAGEMENT AND TREATMENT OF ACUTE, SUBACUTE, OR CHRONIC
NEUROLOGICAL PATHOLOGIES AND COMORBIDITIES OR NEUROLOGICAL DISEASE PROC-
ESSES WITH THE EXCEPTIONS OF MANAGEMENT AND TREATMENT OF EMERGENT NEURO-
LOGICAL CONDITIONS SUCH AS POTENTIAL CONCUSSIONS, SPINAL  CORD  INJURIES
OR  NERVE INJURIES RESULTING FROM PARTICIPATION IN AN ATHLETIC ENDEAVOR,
WHILE TRAINING, OR IN INDIVIDUALS INVOLVED IN ADAPTIVE ATHLETICS.
  S 2. Section 8352 of the education law is REPEALED.
  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 ATHLETIC TRAINING OR use the title "[certified]  athletic
trainer" OR THE ABBREVIATION "AT".
  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 for athletic trainers.  A state committee 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 shall consist of  [five]  SIX  members  who  are  athletic
trainers  [certified]  LICENSED in this state AND ONE PUBLIC MEMBER THAT
IS A CONSUMER OF THE PROFESSION.  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. [Notwithstand-
ing the foregoing, the members of the first committee need not be certi-
fied 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;

A. 1266--C                          3

  2. Education:  have  received an education including a bachelor's, its
equivalent or higher degree in accordance with the commissioner's  regu-
lations,  PROVIDED  HOWEVER,  AS OF TWO THOUSAND TWENTY-FIVE, APPLICANTS
MUST HAVE RECEIVED A  MASTER'S  DEGREE,  ITS  EQUIVALENT  OR  HIGHER  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  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  ATHLETIC  TRAINING  PROGRAM
APPROVED  BY  THE DEPARTMENT.  STUDENTS ENROLLED IN AN APPROVED ATHLETIC
TRAINING PROGRAM SHALL BE IDENTIFIED AS "ATHLETIC TRAINING STUDENTS" AND
SHALL ONLY PRACTICE ATHLETIC TRAINING UNDER THE DIRECTION AND  IMMEDIATE
SUPERVISION  OF  AN ATHLETIC TRAINER CURRENTLY LICENSED UNDER THIS ARTI-
CLE. 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 LICENSED
AND IN GOOD STANDING TO PRACTICE ATHLETIC TRAINING IN ANOTHER STATE FROM
ACTING AS AN ATHLETIC TRAINER WITHOUT A NEW YORK  STATE  LICENSE  SOLELY
FOR  THE  FOLLOWING  PURPOSES:  (I)  CLINICAL EDUCATION, PRACTICE DEMON-
STRATIONS OR CLINICAL RESEARCH THAT IS WITHIN THE PRACTICE  OF  ATHLETIC
TRAINING IN CONNECTION WITH A PROGRAM OF BASIC CLINICAL EDUCATION, GRAD-
UATE  EDUCATION,  OR  POST-GRADUATE  EDUCATION  IN AN APPROVED SCHOOL OF
ATHLETIC TRAINING, OR IN A CLINICAL FACILITY, OR A HEALTH  CARE  AGENCY,
OR  CONTINUING EDUCATION; OR (II) PERFORMING DUTIES WITH HIS OR HER TEAM
OR ORGANIZATION, SO LONG AS DUTIES ARE RESTRICTED TO THAT TEAM OR ORGAN-
IZATION DURING THE COURSE OF THAT TEAM'S OR ORGANIZATION'S STAY  IN  NEW
YORK  STATE  FOR  NO  MORE  THAN SIXTY DAYS IN A CALENDAR YEAR; OR (III)
ASSISTING IN THE CARE OF ATHLETES  IN  A  SPECIFIC  SANCTIONED  ATHLETIC
EVENT;  OR  (IV) ASSISTING A NEW YORK STATE LICENSED ATHLETIC TRAINER IN
THE CASE OF AN EMERGENCY SITUATION TO ANOTHER TEAM'S PLAYER.  ANY PERSON
PRACTICING ATHLETIC TRAINING IN NEW YORK STATE PURSUANT TO THIS SUBDIVI-
SION SHALL BE SUBJECT TO PERSONAL AND SUBJECT  MATTER  JURISDICTION  AND
THE  DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AS IF
HE OR SHE IS A LICENSEE AND AS IF THE EXEMPTION PURSUANT TO THIS  SUBDI-

A. 1266--C                          4

VISION  IS A LICENSE.  SUCH INDIVIDUALS SHALL CONSENT TO THE APPOINTMENT
OF THE SECRETARY OF STATE OR OTHER PUBLIC  OFFICIAL  ACCEPTABLE  TO  THE
DEPARTMENT,  IN  SUCH  ATHLETIC  TRAINERS'  STATES  OF  LICENSURE AS THE
ATHLETIC TRAINERS' AGENTS UPON WHOM PROCESS MAY BE SERVED IN ANY ACTIONS
OR  PROCEEDINGS  BY THE DEPARTMENT AGAINST SUCH ATHLETIC TRAINERS.  SUCH
INDIVIDUALS SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE, THE  RULES
OF THE BOARD OF REGENTS AND THE REGULATIONS OF THE COMMISSIONER RELATING
TO  PROFESSIONAL  MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR
PROFESSIONAL MISCONDUCT; OR
  (C) THE PRACTICE OF ATHLETIC TRAINING BY ANY PERSON WHO  IS  OTHERWISE
AUTHORIZED AND IN GOOD STANDING TO PRACTICE ATHLETIC TRAINING OR ATHLET-
IC THERAPY IN ANOTHER COUNTRY, STATE, OR TERRITORY THAT IMPOSES THE SAME
REQUIREMENTS  SET  FORTH  IN  SECTION EIGHTY-THREE HUNDRED FIFTY-FIVE OF
THIS ARTICLE.  ANY PERSON PRACTICING ATHLETIC TRAINING IN NEW YORK STATE
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO  PERSONAL  AND  SUBJECT
MATTER JURISDICTION AND THE DISCIPLINARY AND REGULATORY AUTHORITY OF THE
BOARD  OF  REGENTS AS IF HE OR SHE IS A LICENSEE AND AS IF THE EXEMPTION
PURSUANT TO THIS  SUBDIVISION  IS  A  LICENSE.  SUCH  INDIVIDUALS  SHALL
CONSENT  TO  THE  APPOINTMENT  OF THE SECRETARY OF STATE OR OTHER PUBLIC
OFFICIAL ACCEPTABLE TO THE DEPARTMENT, IN SUCH ATHLETIC TRAINERS' STATES
OF LICENSURE AS THE ATHLETIC TRAINERS' AGENTS UPON WHOM PROCESS  MAY  BE
SERVED  IN  ANY  ACTIONS  OR  PROCEEDINGS BY THE DEPARTMENT AGAINST SUCH
ATHLETIC TRAINERS. SUCH INDIVIDUALS SHALL COMPLY WITH THE PROVISIONS  OF
THIS  ARTICLE,  THE RULES OF THE BOARD OF REGENTS AND THE REGULATIONS OF
THE  COMMISSIONER  RELATING  TO  PROFESSIONAL  MISCONDUCT,  DISCIPLINARY
PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
  2.  THIS  ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT QUALIFIED MEMBERS
OF OTHER LICENSED OR LEGALLY RECOGNIZED PROFESSIONS FROM PERFORMING WORK
INCIDENTAL TO THE PRACTICE OF THEIR PROFESSION, EXCEPT THAT SUCH PERSONS
MAY NOT HOLD THEMSELVES OUT UNDER  THE  TITLE  ATHLETIC  TRAINER  OR  AS
PERFORMING ATHLETIC TRAINING.
  S  7.  The  education law is amended by adding two new sections 8356-a
and 8356-b 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.
  (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

A. 1266--C                          5

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 EIGHTEEN, 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 EIGHTEEN 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 ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO
THE  DEPARTMENT.  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  MANDATORY  CONTINUING  EDUCATION  REQUIREMENT.  CONTINUING
EDUCATION  COURSES MUST BE TAKEN FROM A PROVIDER APPROVED BY THE DEPART-
MENT, BASED UPON AN APPLICATION AND FEE 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.

A. 1266--C                          6

  6. THE MANDATORY CONTINUING EDUCATION  FEE  SHALL  BE  PAYABLE  ON  OR
BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
PAID  IN  ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION
EIGHTY-THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE.
  S  8356-B.  SPECIAL PROVISIONS. ANY PERSON WHO IS LICENSED AS A CERTI-
FIED ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE  DATE  OF  THIS
SECTION  SHALL  BE  LICENSED  AS AN ATHLETIC TRAINER WITHOUT MEETING ANY
ADDITIONAL REQUIREMENTS.
  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.