S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2783
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE,  ZEBROWSKI, GRAF, 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, WOERNER
   -- read once and referred to the Committee on Higher Education

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

                                                            LBD04222-02-7

 A. 2783                             2
 
 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.
   § 2. Section 8352 of the education law is REPEALED.
   § 3. Section 8353 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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".
   § 4. Section 8354 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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.]
   § 5. Section 8355 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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;

 A. 2783                             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.
   §  6.  Section 8356 of the education law, as amended by chapter 658 of
 the laws of 1993, is amended to read as follows:
   § 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

 A. 2783                             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.  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.
   § 7. The education law is amended by adding two  new  sections  8356-a
 and 8356-b to read as follows:
   § 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

 A. 2783                             5
 
 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 NINETEEN, 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 NINETEEN 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.
   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.
   § 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.

 A. 2783                             6
 
   § 8. Section 8357 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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.
   §  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
 ________________________________________________________________________
 
                                  2783--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE,  ZEBROWSKI, GRAF, 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, WOERNER -- read
   once and referred to the Committee on Higher  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education  law, in relation to 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:
   § 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 WHO ARE  DEFINED  AS  HEALTH  CARE  PROFESSIONALS  WHO
 ENGAGE  IN THE PREVENTION, RECOGNITION, EXAMINATION, EVALUATION, ASSESS-
 MENT, MANAGEMENT, TREATMENT AND REHABILITATION  OF  NEUROMUSCULOSKELETAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04222-03-7

 A. 2783--A                          2
 
 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.
   § 2. Section 8352 of the education law is REPEALED.
   § 3. Section 8353 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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".
   § 4. Section 8354 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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.]
   § 5. Section 8355 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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-SIX,  APPLICANTS
 MUST  HAVE  RECEIVED  A  MASTER'S  DEGREE,  ITS  EQUIVALENT OR HIGHER IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;

 A. 2783--A                          3
 
   3. Experience: have experience in accordance with  the  commissioner's
 regulations;
   4. Examination: pass an examination in accordance with the commission-
 er's regulations;
   5. Age: be at least twenty-one years of age; and
   6. Fees: pay a fee for an initial [certificate] LICENSE of one hundred
 dollars to the department; and a fee of fifty dollars for each triennial
 registration period.
   §  6.  Section 8356 of the education law, as amended by chapter 658 of
 the laws of 1993, is amended to read as follows:
   § 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. 2783--A                          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.  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.
   § 7. The education law is amended by adding two  new  sections  8356-a
 and 8356-b to read as follows:
   § 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.

 A. 2783--A                          5
 
   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 NINETEEN, 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 NINETEEN 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.
   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.
   §  8356-B.  SPECIAL PROVISIONS. ANY PERSON WHO IS LICENSED AS A CERTI-
 FIED ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE  DATE  OF  THIS

 A. 2783--A                          6
 
 SECTION  SHALL  BE  LICENSED  AS AN ATHLETIC TRAINER WITHOUT MEETING ANY
 ADDITIONAL REQUIREMENTS.
   § 8. Section 8357 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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.
   §  9. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.