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

                                  4499

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 25, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  the  licensure  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, EXAMINATION, EVALUATION, MANAGEMENT,  TREATMENT
AND  REHABILITATION  OF  INJURIES AND SPORTS RELATED MEDICAL CONDITIONS.
[Supervision of an athletic trainer] ATHLETIC TRAINERS ARE  HEALTH  CARE
PROFESSIONALS,  WHOSE SUPERVISION by a physician shall be continuous but
shall not be construed as requiring the physical presence of the  super-
vising  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 HEALTH CARE PROFES-
SIONALS, WHO, UNDER THE SUPERVISION OF A PHYSICIAN ENGAGE IN the [appli-
cation of principles, methods and procedures for managing athletic inju-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03316-05-5
              

S. 4499                             2

ries,  which  shall  include  the  preconditioning,   conditioning   and
reconditioning  of  an  individual  who  has suffered an athletic injury
through the use of  appropriate  preventative  and  supportive  devices,
under  the supervision of a physician and recognizing illness and refer-
ring to the appropriate  medical  professional  with  implementation  of
treatment  pursuant  to  physician's  orders. Athletic training includes
instruction to coaches, athletes, parents, medical personnel and  commu-
nities 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, MANAGEMENT,  TREATMENT
AND REHABILITATION OF EMERGENT, ACUTE, SUBACUTE, AND CHRONIC NEUROMUSCU-
LOSKELETAL  INJURIES,  ATHLETIC  INJURIES, ILLNESSES, OR CONDITIONS THAT
ARE WITHIN THE PROFESSIONAL PREPARATION  AND  EDUCATION  OF  A  LICENSED
ATHLETIC  TRAINER  AND  ARE  RELATED  TO ACTIVITY THAT REQUIRES PHYSICAL
SKILL AND UTILIZES STRENGTH, POWER, ENDURANCE, SPEED, FLEXIBILITY, RANGE
OF MOTION OR AGILITY.  THE PRACTICE OF ATHLETIC TRAINING MAY INCLUDE USE
OF VARIOUS THERAPEUTIC MODALITIES AND TECHNIQUES.
  THE SCOPE OF WORK DESCRIBED HEREIN SHALL NOT BE CONSTRUED AS AUTHORIZ-
ING THE MANAGEMENT AND TREATMENT OF ACUTE, SUBACUTE OR CHRONIC NEUROLOG-
ICAL PATHOLOGIES AND COMORBIDITIES  OR  NEUROLOGICAL  DISEASE  PROCESSES
WITH THE EXCEPTIONS OF MANAGEMENT AND TREATMENT OF EMERGENT NEUROLOGICAL
CONDITIONS  SUCH  AS CONCUSSIONS, SPINAL CORD INJURIES OR NERVE INJURIES
RESULTING FROM  PARTICIPATION  IN  ATHLETIC  EVENTS  OR  IN  INDIVIDUALS
INVOLVED IN ADAPTIVE ATHLETICS.
  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.] AN EXECUTIVE SECRE-
TARY TO THE COMMITTEE SHALL BE APPOINTED BY  THE  BOARD  OF  REGENTS  ON
RECOMMENDATION OF THE COMMISSIONER.
  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;

S. 4499                             3

  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;
  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)
APPROVED TO ASSIST 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 SUBDIVISION SHALL BE SUBJECT TO PERSONAL AND SUBJECT MATTER  JURIS-
DICTION  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 COMPLY WITH THE
PROVISIONS  OF  THIS  ARTICLE, THE RULES OF THE BOARD OF REGENTS AND THE

S. 4499                             4

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  EIGHT  THOUSAND   THREE   HUNDRED
FIFTY-FIVE OF THIS ARTICLE.
  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 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 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.

S. 4499                             5

  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
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  8356-B.  SPECIAL  PROVISIONS.  ANY  PERSON  WHO  IS CERTIFIED AS AN
ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS SECTION
SHALL BE LICENSED AS AN ATHLETIC TRAINER WITHOUT MEETING ANY  ADDITIONAL
REQUIREMENTS.  PROVIDED,  HOWEVER,  THAT SUCH PERSON SHALL BE SUBJECT TO
THE CONTINUING  EDUCATION  REQUIREMENTS  UNDER  SECTION  EIGHT  THOUSAND
FIFTY-SIX-A 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

S. 4499                             6

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
________________________________________________________________________

                                 4499--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 25, 2015
                               ___________

Introduced  by  Sens.  FUNKE,  GRIFFO,  LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Higher
  Education  --  recommitted  to  the  Committee  on Higher Education in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law,  in  relation  to  the  licensure  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, EXAMINATION, EVALUATION, MANAGEMENT,  TREATMENT
AND  REHABILITATION  OF  INJURIES AND SPORTS RELATED MEDICAL CONDITIONS.
[Supervision of an athletic trainer] ATHLETIC TRAINERS ARE  HEALTH  CARE
PROFESSIONALS,  WHOSE SUPERVISION by a physician shall be continuous but
shall not be construed as requiring the physical presence of the  super-
vising  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03316-08-6
              

S. 4499--A                          2

  S 8352. Definition of practice of athletic training.  The practice  of
the  profession  of  athletic training is defined as HEALTH CARE PROFES-
SIONALS, WHO, UNDER THE SUPERVISION OF A PHYSICIAN ENGAGE IN the [appli-
cation of principles, methods and procedures for managing athletic inju-
ries,   which   shall  include  the  preconditioning,  conditioning  and
reconditioning of an individual who  has  suffered  an  athletic  injury
through  the  use  of  appropriate  preventative and supportive devices,
under the supervision of a physician and recognizing illness and  refer-
ring  to  the  appropriate  medical  professional with implementation of
treatment pursuant to physician's  orders.  Athletic  training  includes
instruction  to coaches, athletes, parents, medical personnel and commu-
nities 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, MANAGEMENT, TREATMENT
AND REHABILITATION OF EMERGENT, ACUTE, SUBACUTE, AND CHRONIC NEUROMUSCU-
LOSKELETAL INJURIES, ATHLETIC INJURIES, ILLNESSES,  OR  CONDITIONS  THAT
ARE  WITHIN  THE  PROFESSIONAL  PREPARATION  AND EDUCATION OF A LICENSED
ATHLETIC TRAINER AND ARE RELATED  TO  ACTIVITY  THAT  REQUIRES  PHYSICAL
SKILL AND UTILIZES STRENGTH, POWER, ENDURANCE, SPEED, FLEXIBILITY, RANGE
OF MOTION OR AGILITY.  THE PRACTICE OF ATHLETIC TRAINING MAY INCLUDE USE
OF VARIOUS THERAPEUTIC MODALITIES AND TECHNIQUES.
  THE SCOPE OF WORK DESCRIBED HEREIN SHALL NOT BE CONSTRUED AS AUTHORIZ-
ING THE MANAGEMENT AND TREATMENT OF ACUTE, SUBACUTE OR CHRONIC NEUROLOG-
ICAL  PATHOLOGIES  AND  COMORBIDITIES  OR NEUROLOGICAL DISEASE PROCESSES
WITH THE EXCEPTIONS OF MANAGEMENT AND TREATMENT OF EMERGENT NEUROLOGICAL
CONDITIONS SUCH AS CONCUSSIONS, SPINAL CORD INJURIES OR  NERVE  INJURIES
RESULTING  FROM  PARTICIPATION  IN  ATHLETIC  EVENTS  OR  IN INDIVIDUALS
INVOLVED IN ADAPTIVE ATHLETICS.
  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.] AN  EXECUTIVE  SECRE-
TARY  TO  THE  COMMITTEE  SHALL  BE APPOINTED BY THE BOARD OF REGENTS ON
RECOMMENDATION OF THE COMMISSIONER.
  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. 4499--A                          3

  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;
  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)
APPROVED TO ASSIST 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

S. 4499--A                          4

THIS SUBDIVISION SHALL BE SUBJECT TO PERSONAL AND SUBJECT MATTER  JURIS-
DICTION  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 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 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 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 SEVENTEEN, 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 SEVENTEEN AND THEN  FIFTEEN
HOURS  PER  YEAR  UNTIL HIS OR HER FIRST REGISTRATION DATE THEREAFTER. A
LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION

S. 4499--A                          5

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
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  8356-B.  SPECIAL  PROVISIONS.  ANY  PERSON  WHO  IS CERTIFIED AS AN
ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS SECTION
SHALL BE LICENSED AS AN ATHLETIC TRAINER WITHOUT MEETING ANY  ADDITIONAL
REQUIREMENTS.  PROVIDED,  HOWEVER,  THAT SUCH PERSON SHALL BE SUBJECT TO
THE CONTINUING EDUCATION REQUIREMENTS UNDER SECTION EIGHTY-THREE HUNDRED
FIFTY-SIX-A 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

S. 4499--A                          6

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
________________________________________________________________________

                                 4499--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 25, 2015
                               ___________

Introduced  by  Sens.  FUNKE, GRIFFO, LARKIN, NOZZOLIO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Higher  Education  -- recommitted to the Committee on Higher Education
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  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
IN  THE  PREVENTION,  RECOGNITION,  EXAMINATION, EVALUATION, ASSESSMENT,
MANAGEMENT, TREATMENT AND REHABILITATION OF  NEUROMUSCULOSKELETAL  INJU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03316-09-6
              

S. 4499--B                          2

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

S. 4499--B                          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 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
INDIVIDUALS SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE, THE  RULES
OF THE BOARD OF REGENTS AND THE REGULATIONS OF THE COMMISSIONER RELATING

S. 4499--B                          4

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
THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE

S. 4499--B                          5

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
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

S. 4499--B                          6

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.