HOUSE BILL NO. 199, As Amended, As Amended in the Senate

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H0199aa,aaS...........................................by HEALTH AND WELFARE
ATHLETIC TRAINERS - LICENSURE - Amends, repeals and adds to existing law to
further govern the duties of the Board of Athletic Trainers and the Board
of Medicine to license athletic trainers, determine qualifications and
enforce the requirements of practice.
                                                                        
02/07    House intro - 1st rdg - to printing
02/10    Rpt prt - to Health/Wel
03/05    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg as amen - PASSED - 69-1-0
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Lake, Langford, Langhorst(Wallace), Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
      Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- Kulczyk
      Absent and excused -- None
    Floor Sponsor - Ring
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to Health/Wel
03/21    Rpt out - to 14th Ord
03/21    Rpt out amen - to 1st rdg as amen
03/24    1st rdg - to 2nd rdg as amen
03/25    2nd rdg - to 3rd rdg as amen
03/27    3rd rdg as amen - PASSED - 27-7-1
      AYES -- Bailey, Brandt, Burkett, Burtenshaw, Cameron, Compton, Davis,
      Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Andreason, Bunderson, Darrington, Gannon, Hill, Noh, Sorensen
      Absent and excused -- Calabretta
    Floor Sponsor - Kennedy
    Title apvd - to House
03/28    House concurred in Senate amens - to engros
03/31    Rpt engros - 1st rdg - to 2nd rdg as amen
04/01    2nd rdg - to 3rd rdg as amen
04/02    3rd rdg as amen - PASSED - 64-3-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Tilman, Wills, Wood, Mr. Speaker
      NAYS -- Kulczyk, Rydalch, Smith(24)
      Absent and excused -- Crow, Stevenson, Trail
    Floor Sponsor - Ring
    Title apvd - to enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed
04/07    To Governor
04/08    Governor signed
         Session Law Chapter 261
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                  HOUSE BILL NO. 199, As Amended, As Amended in the Senate
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LICENSURE OF ATHLETIC TRAINERS; AMENDING  SECTION  54-3902,  IDAHO
  3        CODE,  TO FURTHER DEFINE TERMS; AMENDING CHAPTER 39, TITLE 54, IDAHO CODE,
  4        BY THE ADDITION OF A NEW SECTION 54-3903, IDAHO CODE, TO PROVIDE A  STATE-
  5        MENT  OF  THE  SCOPE  OF  PRACTICE  OF ATHLETIC TRAINERS; AMENDING SECTION
  6        54-3903, IDAHO CODE, TO REDESIGNATE THE SECTION AND  TO  PROHIBIT  USE  OF
  7        CERTAIN  TERMS WITHOUT LICENSURE; AMENDING SECTION 54-3904, IDAHO CODE, TO
  8        REDESIGNATE THE SECTION AND TO FURTHER DESCRIBE  EXCEPTIONS  TO  LICENSURE
  9        REQUIREMENTS; REPEALING SECTIONS 54-3906 AND 54-3908, IDAHO CODE; AMENDING
 10        SECTION  54-3905,  IDAHO  CODE,  TO  REDESIGNATE  THE  SECTION, TO FURTHER
 11        DESCRIBE QUALIFICATIONS FOR LICENSURE AND TO PROVIDE A CORRECT CODE  CITA-
 12        TION;  AMENDING  SECTION 54-3907, IDAHO CODE, TO CLARIFY FEES WHICH MAY BE
 13        IMPOSED; AMENDING SECTION 54-3909, IDAHO CODE, TO REDESIGNATE THE  SECTION
 14        AND  TO FURTHER GOVERN CONDITIONS FOR PROVISIONAL LICENSURE; AMENDING SEC-
 15        TION 54-3910, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO SPECIFY CONDI-
 16        TIONS FOR REFUSAL TO ISSUE OR RENEW LICENSURE; AMENDING  SECTION  54-3911,
 17        IDAHO  CODE,  TO  REDESIGNATE THE SECTION, TO SPECIFY CONDITIONS GOVERNING
 18        RENEWAL AND REINSTATEMENT OF LICENSURE AND TO MAKE A TECHNICAL CORRECTION;
 19        AMENDING SECTION 54-3912, IDAHO CODE, TO REDESIGNATE THE  SECTION  AND  TO
 20        SPECIFY  CONDITIONS  GOVERNING  DENIAL,  SUSPENSION  AND  REVOCATION  OF A
 21        LICENSE; AMENDING SECTION 54-3913, IDAHO CODE, TO REDESIGNATE THE  SECTION
 22        AND  TO PROVIDE ADDITIONAL QUALIFICATIONS FOR MEMBERS OF THE BOARD OF ATH-
 23        LETIC TRAINERS; AMENDING  SECTION 54-3914, IDAHO CODE, TO REDESIGNATE  THE
 24        SECTION, TO SPECIFY DUTIES OF THE BOARD OF ATHLETIC TRAINERS AND TO MAKE A
 25        TECHNICAL CORRECTION; AMENDING SECTION 54-3915, IDAHO CODE, TO REDESIGNATE
 26        THE  SECTION  AND TO INCREASE COMPENSATION; AND AMENDING SECTIONS 54-3916,
 27        54-3917 AND 54-3918, IDAHO CODE, TO REDESIGNATE THE SECTIONS.
                                                                        
 28    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 29        SECTION 1.  That Section 54-3902, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        54-3902.  DEFINITIONS. As used in this chapter:
 32        (1)  "Athlete" is means a person who is associated with and/or is training
 33    for an individual or a team competitive activity which is sponsored by an edu-
 34    cational  institution, amateur or professional group or other recognized orga-
 35    nization participates  in  exercises,  sports,  or  games  requiring  physical
 36    strength,  agility,  flexibility,  range of motion, speed or stamina and which
 37    exercises, sports or games are of the type  generally conducted in association
 38    with an educational  institution  or  professional,  amateur  or  recreational
 39    sports club or organization.
 40        (2)  "Athletic  injury" means a physical injury, harm, hurt or common con-
 41    dition (such as heat disorders), incurred by an athlete, preventing or  limit-
 42    ing  participation  in athletic activity, sports or recreation, which athletic
 43    trainers are educated to evaluate and treat or refer to the  directing  physi-
                                                                        
                                           2
                                                                        
  1    cian.
  2        (3)  "Athletic  trainer",  or  such other term as recognized by the board,
  3    means a person with the specific qualifications  for  registration  set  forth
  4    pursuant to this chapter, who, upon the direction of the team physician and/or
  5    consulting  physician, carries out the practice of prevention, care and recon-
  6    ditioning of physical injuries incurred by athletes, employing the application
  7    of cold, heat, electrical stimulation, and/or exercise who has met the  quali-
  8    fications  for  licensure as set forth in this chapter, is licensed under this
  9    chapter, and carries out the practice of athletic training under the direction
 10    of a designated Idaho licensed physician, registered with the board or a  des-
 11    ignated Idaho licensed chiropractic physician.
 12        (4)  "Athletic  training"  means  the  application  by a licensed athletic
 13    trainer of principles and methods of:
 14        (a)  Prevention of athletic injuries;
 15        (b)  Recognition, evaluation and assessment of athletic injuries and  con-
 16        ditions;
 17        (c)  Immediate  care of athletic injuries including common emergency medi-
 18        cal situations;
 19        (d)  Rehabilitation and reconditioning of athletic injuries;
 20        (e)  Athletic training services administration and organization; and
 21        (f)  Education of athletes.
 22        (35)  "Board" means the Idaho state board of medicine.
 23        (46)  "Board of athletic trainers"  means  the  Idaho  board  of  athletic
 24    trainers established in this chapter.
 25        (7)  "Directing  physician"  means  a  designated  person duly licensed to
 26    practice medicine in Idaho, registered with the board or  a  designated  Idaho
 27    licensed  chiropractic physician, who is responsible for the athletic training
 28    services provided by the athletic trainer and oversees the  practice  of  ath-
 29    letic  training  of  the  athletic trainer, as established by board rule. This
 30    chapter does not authorize the practice of medicine or any of its branches  by
 31    a person not so licensed by the board.
 32        (a)  This  direction  will  be provided by verbal order when the directing
 33        physician is present and by written order or by athletic training  service
 34        plans  or protocols, as established by board rule, when the directing phy-
 35        sician is not present.
 36        (b)  Upon referral from a physician licensed in another state and in  good
 37        standing,  the  practice  of  athletic training or physical rehabilitation
 38        and/or reconditioning shall be carried out under the written orders of the
 39        referring physician and in collaboration with the directing physician.
                                                                        
 40        SECTION 2.  That Chapter 39, Title 54, Idaho Code, be,  and  the  same  is
 41    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 42    ignated as Section 54-3903, Idaho Code, and to read as follows:
                                                                        
 43        54-3903.  SCOPE OF PRACTICE. The scope of practice  of  athletic  trainers
 44    under  the  direction  of  the designated Idaho licensed physician, registered
 45    with the  board,  or  a  designated  Idaho  licensed  chiropractic  physician,
 46    includes:
 47        (1)  Prevention  of athletic injuries by designing and implementing physi-
 48    cal conditioning programs,  performing  preparticipation  screenings,  fitting
 49    protective  equipment, designing and constructing protective products and con-
 50    tinuously monitoring changes in the environment.
 51        (2)  Recognition and evaluation of athletic injuries by obtaining  a  his-
 52    tory of the injury, individual inspection of the injured body part and associ-
 53    ated  structures and palpatation of bony landmarks and soft tissue structures.
                                                                        
                                           3
                                                                        
  1    Immediate care of athletic injuries may require initiation of  cardiopulmonary
  2    resuscitation,  administration of basic or advanced first aid, removal of ath-
  3    letic equipment, immobilization and transportation  of  the  injured  athlete.
  4    Concurrent  with  athletic  training  service plans or protocols, the athletic
  5    trainer will determine if the athlete may return to participation or,  if  the
  6    injury  requires  further definitive care, the athletic trainer will refer the
  7    injured athlete to the appropriate directing physician.
  8        (3)  Rehabilitation and reconditioning of athletic injuries by administer-
  9    ing  therapeutic  exercise  and  physical  modalities  including  cryotherapy,
 10    thermotherapy, and intermittent compression or mechanical devices as  directed
 11    by  established,  written athletic training service plans or protocols or upon
 12    the order of the directing physician.
 13        (4)  Athletic training services administration includes implementing  ath-
 14    letic training service plans or protocols, writing organizational policies and
 15    procedures,  complying with governmental and institutional standards and main-
 16    taining records to document services rendered.
 17        (5)  Education of athletes to facilitate physical conditioning and  recon-
 18    ditioning  by  designing and implementing appropriate programs to minimize the
 19    risk of injury.
 20        (6)  The scope of practice excludes any independent practice  of  athletic
 21    training by an athletic trainer. An athlete with an athletic injury not incur-
 22    red  in  association with an educational institution, professional, amateur or
 23    recreational sports club or organization shall be referred by a directing phy-
 24    sician, but only after such directing physician has first evaluated  the  ath-
 25    lete and referred such athlete to the athletic trainer.
                                                                        
 26        SECTION  3.  That  Section 54-3903, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        54-39034.  REGISTRATION LICENSURE REQUIRED. It shall be unlawful  for  any
 29    person  to practice or to offer to practice as an athletic trainer, or to rep-
 30    resent such person to be an athletic trainer unless such person is  registered
 31    licensed  under the provisions of this chapter. Only an individual may be reg-
 32    istered licensed under this chapter. An  individual  may  not  use  the  title
 33    "licensed  athletic  trainer," "athletic trainer," or "athletic training," the
 34    abbreviations "AT," "ATC," "AT,C," "ATC/L," "CAT," "LAT," or any other  words,
 35    abbreviations  or insignia to indicate or imply that the individual is an ath-
 36    letic trainer unless the individual is licensed pursuant to this chapter.
                                                                        
 37        SECTION 4.  That Section 54-3904, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
                                                                        
 39        54-39045.  EXCEPTIONS  TO  REGISTRATION  LICENSURE REQUIREMENT. Nothing in
 40    this chapter shall be construed as preventing  or  restricting  the  practice,
 41    services  or  activities  or requiring registration licensure pursuant to this
 42    chapter of:
 43        (1)  Any person licensed in this state by any other law, from engaging  in
 44    the  profession  or occupation for which such person is licensed or registered
 45    or otherwise regulated; or
 46        (2)  Any person employed as an athletic trainer by the government  of  the
 47    United  States or any agency thereof, if such person provides athletic trainer
 48    services solely under the direction or control of  the  government  agency  by
 49    which such person is employed; or
 50        (3)  Any person pursuing a supervised course of study leading to a degree,
 51    licensure  or  registration  as  athletic trainer in an accredited or approved
                                                                        
                                           4
                                                                        
  1    educational program, if the person is designated  by  a  title  which  clearly
  2    indicates a student or trainee status; or
  3        (4)  Any person fulfilling supervised fieldwork experience requirements as
  4    prescribed by the board; or
  5        (5)  For  purposes  of  continuing education, consulting, and/or training,
  6    any person performing athletic trainer services in the state,  if  these  ser-
  7    vices  are  performed  for  no more than sixty (60) days in a calendar year in
  8    association with an athletic trainer registered licensed under  this  chapter,
  9    if:
 10        (a)  The  person is licensed, registered or certified and in good standing
 11        as an athletic trainer in another state; or
 12        (b)  The person is certified and in good standing as an  athletic  trainer
 13        by  the national athletic trainers'  association board of certification or
 14        by a nationally recognized credentialing agency, accepted by the board.
 15        (6)  Nothing herein shall be construed to require registration of  elemen-
 16    tary or secondary school teachers, coaches or authorized volunteers who do not
 17    hold themselves out to the public as athletic trainers.
 18        (7)  This  act  shall  not be construed as to require licensure by persons
 19    assisting in an emergency or in providing aid or service for which no fee  for
 20    service is contemplated, charged or received, provided that the person provid-
 21    ing  the service or assisting in the emergency does not hold himself out as an
 22    athletic trainer.
                                                                        
 23        SECTION 5.  That Sections 54-3906 and 54-3908, Idaho  Code,  be,  and  the
 24    same are hereby repealed.
                                                                        
 25        SECTION  6.  That  Section 54-3905, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        54-39056.  QUALIFICATIONS FOR REGISTRATION LICENSURE. An applicant for  an
 28    athletic  trainer  registration  license must possess the following qualifica-
 29    tions:
 30        (1)  The applicant must have  graduated  Have  received  a  bachelor's  or
 31    advanced  degree  from  an  accredited four (4) year college or university and
 32    completed the  requirements  met  the  minimum  athletic  training  curriculum
 33    requirement  established  by the board as recommended by the board of athletic
 34    trainers and adopted by board rule.
 35        (2)  The applicant must submit an application to  the  board  of  athletic
 36    trainers  on  forms  prescribed  Have successfully completed the certification
 37    examination administered by the national athletic trainers' association  board
 38    of certification or equivalent examination approved or recognized by the board
 39    as recommended by the board of athletic trainers.
 40        (3)  The  applicant must successfully complete an examination administered
 41    by or approved Be in good standing with and provide documentation  of  current
 42    certification  by  the national athletic trainers' association or a nationally
 43    recognized credentialing agency, adopted by the board as  recommended  by  the
 44    board of athletic trainers.
 45        (4)  The  applicant  must  Submit  an application to the board of athletic
 46    trainers on forms prescribed by the board and pay the  registration  licensure
 47    fee required under this chapter.
                                                                        
 48        SECTION  7.  That  Section 54-3907, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        54-3907.  FEES. The board, upon recommendation of the  board  of  athletic
                                                                        
                                           5
                                                                        
  1    trainers, shall adopt rules establishing fees for the following:
  2        (1)  Initial registration licensure fee;
  3        (2)  Renewal of registration licensure fee;
  4        (3)  Provisional registration licensure fee;
  5        (4)  Inactive registration licensure fee;
  6        (5)  Examination  Application  and  renewal  fees. Necessary nonrefundable
  7    fees shall be made for the exact amount of the transaction and  accompany  all
  8    applications for initial licensure and renewal.
  9        (6)  Extraordinary  expenses.  In those situations where the processing of
 10    an  application  for  initial  licensure  or  renewal  requires  extraordinary
 11    expenses, the board may charge the applicant reasonable fees to cover  all  or
 12    part of the extraordinary expenses.
                                                                        
 13        SECTION  8.  That  Section 54-3909, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        54-39098.  PROVISIONAL REGISTRATION LICENSURE. The board, based  upon  the
 16    recommendation of the board of athletic trainers, may issue provisional regis-
 17    tration  licensure  to  applicants who are actively engaged in preparing them-
 18    selves to meet the qualifications prescribed in this  chapter.  A  provisional
 19    registration  license  shall  be  valid for a term of one (1) year, but may be
 20    renewed only twice, at the discretion of the board upon recommendation of  the
 21    board of athletic trainers.
                                                                        
 22        SECTION  9.  That  Section 54-3910, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        54-39109.  ISSUANCE OF REGISTRATION LICENSURE. (1)  The board, based  upon
 25    recommendation  of  the board of athletic trainers, shall issue a registration
 26    license to any person who meets the requirements of this chapter upon  receipt
 27    of an application and payment of the prescribed fees.
 28        (2)  The board, upon recommendation of the board of athletic trainers, may
 29    refuse to issue or renew the license of an applicant who has been convicted of
 30    an  offense  or  disciplined by an athletic trainer licensing body in a manner
 31    that bears, in the judgment of the board, a demonstrable relationship  to  the
 32    ability  of the applicant to practice athletic training in accordance with the
 33    provisions of this chapter, or who has falsified an application for licensure,
 34    or refuse any applicant for any cause described under section  54-3911,  Idaho
 35    Code.
                                                                        
 36        SECTION  10.  That Section 54-3911, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        54-39110.  RENEWAL OF REGISTRATION LICENSURE. (1) Any registration  licen-
 39    sure  issued  under  this chapter shall be subject to annual renewal and shall
 40    expire unless renewed in the manner prescribed by the rules of the board.  The
 41    board,  upon recommendation of the board of athletic trainers, may reinstate a
 42    registration cancelled licensure canceled for failure to renew upon compliance
 43    with requirements of the board for renewal of registrations licenses.
 44        (a)  A license shall be issued for a period of not less than one (1)  year
 45        nor  more  than  five  (5) years, in conformance with administrative rules
 46        adopted by the board. Each license shall set forth its expiration date  on
 47        the  face  of the certificate. The failure of any licensee to renew his or
 48        her license, as required herein and by the rules of the board,  shall  not
 49        deprive  such  person  of  the right to renewal, except as provided for in
                                                                        
                                           6
                                                                        
  1        this chapter.
  2        (b)  Fees for renewal of licensure of athletic trainers shall be fixed  by
  3        the board in its rules.
  4        (c)  All licensed athletic trainers must be in good standing with and pro-
  5        vide  documentation  of  current  certification  by  the national athletic
  6        trainers' association board of certification or  a  nationally  recognized
  7        credentialing agency, accepted by the board. All athletic trainers holding
  8        current Idaho registration/licensure who are not certified by the national
  9        athletic trainers' association board of certification or a nationally rec-
 10        ognized  credentialing agency, accepted by the board, are required to pro-
 11        vide documentation of successful completion of eighty (80) hours of  board
 12        approved continuing educational units during each three (3) year reporting
 13        period on forms provided by the board.
 14        (d)  All  licensed  athletic  trainers  shall report to the board any name
 15        change or changes in business and home addresses thirty  (30)  days  after
 16        the change becomes final.
 17        (2)  Reinstatement of licensure.
 18        (a)  Reinstatement  of a license that has lapsed for a period of three (3)
 19        consecutive years shall require good standing with  and  documentation  of
 20        current certification by the national athletic trainers' association board
 21        of certification or a nationally recognized credentialing agency, accepted
 22        by the board.
 23        (b)  Reinstatement  of a license that has lapsed for a period of three (3)
 24        consecutive years shall require the payment of a  renewal  fee  and  rein-
 25        statement  fee in accordance with the rules adopted by the board, provided
 26        however, that no reinstatement fee shall be  greater  than  fifty  dollars
 27        ($50.00).
 28        (c)  Reinstatement  of a license that has lapsed for a period of more than
 29        three (3) consecutive years shall require reapplying  for  a  license  and
 30        payment  of  fees  in  accordance with the rules adopted by the board. The
 31        applicant shall successfully demonstrate to the board, upon recommendation
 32        of the board of athletic trainers, competency in the practice of  athletic
 33        training.  The  board,  upon  recommendation  of  the  board  of  athletic
 34        trainers,  may also require the applicant to take an examination, remedial
 35        courses, or both, as  shall  be  recommended  by  the  board  of  athletic
 36        trainers.
 37        (3)  Upon   application  and  recommendation  by  the  board  of  athletic
 38    trainers, the board shall grant inactive status to a registered licensed  ath-
 39    letic trainer who:
 40        (a)  Does not practice as an athletic trainer; or and
 41        (b)  Maintains  any  continuing  competency requirements established Is in
 42        good standing with and provides documentation of current certification  by
 43        the  national  athletic  trainers' association board of certification or a
 44        nationally recognized credentialing agency, accepted by the board.
                                                                        
 45        SECTION 11.  That Section 54-3912, Idaho Code, be, and the same is  hereby
 46    amended to read as follows:
                                                                        
 47        54-39121.  DENIAL  -- SUSPENSION AND REVOCATION OF REGISTRATION LICENSE --
 48    REFUSAL TO RENEW. (1) Subject to the provisions of chapter 52, title 67, Idaho
 49    Code, the board, upon recommendation of the board of  athletic  trainers,  may
 50    deny  registration  license  or refuse to renew a registration license, or may
 51    suspend or revoke a registration license or may impose probationary conditions
 52    if the applicant for registration licensure has been found guilty of unprofes-
 53    sional conduct which has endangered or is likely to endanger the health,  wel-
                                                                        
                                           7
                                                                        
  1    fare,  or  safety of the public. All petitions for reconsideration of a denial
  2    of a license application or reinstatement application  must  be  made  to  the
  3    board  within  one  (1)  year from the date of the denial. Such unprofessional
  4    conduct includes, but is not limited to:
  5        (a)  Obtaining registration licensure by means  of  fraud,  misrepresenta-
  6        tion, or concealment of material facts;
  7        (b)  Being guilty of unprofessional conduct, negligence or incompetence in
  8        the  practice  of athletic training as defined by the rules established by
  9        the board, or violating the code of ethics adopted and  published  by  the
 10        board;
 11        (c)  Being convicted of a felony by a court of competent jurisdiction;
 12        (d)  The unauthorized practice of medicine;
 13        (e)  Use  of any advertising statements that deceive or mislead the public
 14        or that are untruthful;
 15        (f)  Making statements that the licensee knows, or should have known,  are
 16        false  or  misleading regarding skill or efficacy or value of treatment or
 17        remedy administered by the licensee in the treatment of any condition per-
 18        taining to athletic training;
 19        (g)  Practicing or offering to  practice  beyond  the  scope  of  athletic
 20        training as defined in this chapter or which fails to meet the standard of
 21        athletic  training  provided  by  other qualified athletic trainers in the
 22        same or similar community;
 23        (h)  Performance of services while under the influence  of  alcohol,  con-
 24        trolled  substances  or other skill impairing substances so as to create a
 25        risk of harm to a client;
 26        (i)  Commission of any act of sexual contact, misconduct, exploitation  or
 27        intercourse  with  a  client or former client or related to the licensee's
 28        practice of athletic training;
 29             1.  Consent of the client shall not be a defense;
 30             2.  This paragraph shall not apply to sexual contact between an  ath-
 31             letic  trainer  and  the  athletic  trainer's spouse or a person in a
 32             domestic relationship who is also a client;
 33             3.  A former client includes a client for whom the  athletic  trainer
 34             has  provided  athletic training services within the last twelve (12)
 35             months;
 36             4.  Sexual or romantic relationship with a former client  beyond  the
 37             period  of  time set forth herein may also be a violation if the ath-
 38             letic trainer uses or exploits  the  trust,  knowledge,  emotions  or
 39             influence  derived  from the prior professional relationship with the
 40             client;
 41        (j)  Having been judged mentally  incompetent  by  a  court  of  competent
 42        jurisdiction;
 43        (k)  Aiding  or  abetting a person not licensed in this state who directly
 44        or indirectly performs activities requiring a license;
 45        (l)  Failing to report to the board any act or  omission  of  a  licensee,
 46        applicant, or any other person, which violates any provision of this chap-
 47        ter;
 48        (m)  Interfering with an investigation or disciplinary proceeding by will-
 49        ful  misrepresentation of facts or by use of threats or harassment against
 50        any client or witness to prevent them from providing evidence in a  disci-
 51        plinary proceeding, investigation or other legal action;
 52        (n)  Failing  to maintain client confidentiality unless otherwise required
 53        by law;
 54        (o)  Failing to maintain adequate records. For purposes of this paragraph,
 55        "adequate records" means legible records that contain, at a  minimum,  the
                                                                        
                                           8
                                                                        
  1        athletic  training service plan or protocol, written orders, an evaluation
  2        of objective findings, the plan of care and the treatment records;
  3        (p)  Promoting unnecessary devices, treatment, intervention or service for
  4        the financial gain of the practitioner or of a third party;
  5        (q)  Violating any provisions of this chapter or any of the rules  promul-
  6        gated by the board under the authority of this chapter.
  7        (2)  A  denial, refusal to renew, suspension, revocation, or imposition of
  8    probationary conditions upon a registered athletic trainer may be  ordered  by
  9    the  board  after a hearing in the manner provided by the rules adopted by the
 10    board. An application for reinstatement may be made to the board one (1)  year
 11    from the date of the revocation of registration. The board shall:
 12        (a)  Accept or reject an application for reinstatement; and
 13        (b)  Hold a hearing to consider such reinstatement
 14    of an application for licensure or application for reinstatement shall be con-
 15    sidered  a contested case as provided for in chapter 52, title 67, Idaho Code,
 16    and be subject to the provisions of that chapter, as well as the rules adopted
 17    by the board governing contested cases.
 18        (3)  Any person who shall be aggrieved by any action of the board in deny-
 19    ing, refusing to renew, suspending or revoking a licensure, issuing a censure,
 20    imposing any restriction upon a licensee, or imposing any fine, may seek judi-
 21    cial review thereof in accordance with the provisions of chapter 52, title 67,
 22    Idaho Code.
                                                                        
 23        SECTION 12.  That Section 54-3913, Idaho Code, be, and the same is  hereby
 24    amended to read as follows:
                                                                        
 25        54-39132.  BOARD  OF ATHLETIC TRAINERS -- CREATED -- APPOINTMENT -- TERMS.
 26    (1) A board of athletic trainers is hereby created and  made  a  part  of  the
 27    Idaho state board of medicine.
 28        (2)  The  board  of  athletic  trainers shall consist of four (4) members,
 29    three (3) of whom shall be registered Idaho licensed athletic trainers  activ-
 30    ely  engaged in the practice of athletic training in this state and one (1) of
 31    whom shall be a lay person.
 32        (3)  The board  shall  appoint  the  members  of  the  board  of  athletic
 33    trainers.  In making appointments to the board of athletic trainers, the board
 34    shall give consideration to recommendations made by professional organizations
 35    of athletic trainers and physicians.
 36        (4)  All members of the board of athletic trainers shall have  been  resi-
 37    dents  of  the  state of Idaho for one (1) year immediately preceding appoint-
 38    ment. In appointing the athletic trainer members of the first  board  of  ath-
 39    letic trainers, the board may appoint any practicing athletic trainer who pos-
 40    sesses  the  qualifications required by section 54-39056, Idaho Code. All mem-
 41    bers must be persons of integrity and good reputation. The lay member must  be
 42    a  person who has never been authorized to practice a healing art, and who has
 43    never had a substantial personal, business, professional or pecuniary  connec-
 44    tion  with  a healing art or with a medical education or health care facility,
 45    except as a client or potential client.
 46        (5)  The board of athletic trainers shall be appointed within thirty  (30)
 47    days after the effective date of this chapter for terms ending December 31. Of
 48    the  first  members  of  the  board  of  athletic  trainers appointed, one (1)
 49    member's term shall expire December 31, 1990;  one  (1)  member's  term  shall
 50    expire  December  31,  1991;  one  (1) member's term shall expire December 31,
 51    1992; and one (1) member's term shall expire December 31, 1993. After the ini-
 52    tial appointments, all terms shall be four (4) years,  and  a  member  may  be
 53    reappointed.  In  the  event  of  death,  resignation or removal of any member
                                                                        
                                           9
                                                                        
  1    before the expiration of the term to which appointed,  the  vacancy  shall  be
  2    filled  for the unexpired portion of the term in the same manner as the origi-
  3    nal appointment. The board may remove any member for cause at any  time  prior
  4    to the expiration of his term.
  5        (6)  The  board  of  athletic trainers shall hold at least one (1) meeting
  6    each year. At the meeting, the board of athletic  trainers  shall  elect  from
  7    among  its  members  for  a  term of one (1) year commencing on July 1 next, a
  8    chairperson. The board of athletic trainers may hold  additional  meetings  on
  9    the  call  of the chairperson or at the written request of any two (2) members
 10    of the board of athletic trainers. The board of athletic trainers may  appoint
 11    committees  as  it  considers  necessary  to  carry out its duties. The quorum
 12    required for any meeting of the board of athletic trainers is three  (3)  mem-
 13    bers.  No  action  by  the  board  of athletic trainers or its members has any
 14    effect unless a quorum of the board of athletic trainers is present.
                                                                        
 15        SECTION 13.  That Section 54-3914, Idaho Code, be, and the same is  hereby
 16    amended to read as follows:
                                                                        
 17        54-39143.  BOARD  OF MEDICINE AND BOARD OF ATHLETIC TRAINERS -- POWERS AND
 18    DUTIES. (1) The board shall administer, coordinate, and enforce the provisions
 19    of this chapter, evaluate the qualifications and fitness  of  applicants,  and
 20    approve  the  examinations  applications for registration licensure under this
 21    chapter, and may issue subpoenas, examine witnesses, and administer oaths, and
 22    may investigate practices which are alleged to violate the provisions of  this
 23    chapter. The board of athletic trainers shall conduct examinations of evaluate
 24    all  applicants  for  qualification and fitness for registration licensure and
 25    make recommendations to and consult with the board concerning issuance of reg-
 26    istrations licenses, revocation of registrations licenses and rules to be pro-
 27    mulgated under this chapter.
 28        (2)  The board  shall,  upon  recommendation  of  the  board  of  athletic
 29    trainers,  adopt  rules pursuant to chapter 52, title 67, Idaho Code, relating
 30    to professional conduct to carry out the policy of this chapter including, but
 31    not limited to, regulations rules relating to professional registration licen-
 32    sure and to the establishment of ethical standards of  practice,  disciplinary
 33    proceedings,  registration  refusal to renew license proceedings, license sus-
 34    pension proceedings, or registration license revocation proceedings  for  per-
 35    sons registered licensed to practice as an athletic trainer in this state.
 36        (3)  The  board of athletic trainers shall hold meetings, conduct hearings
 37    and keep records and minutes as are necessary to carry out its functions.
 38        (4)  Every person registered licensed as  an  athletic  trainer  in  Idaho
 39    shall  be subject to discipline pursuant to the powers set forth in this chap-
 40    ter and the rules of the board of medicine promulgated pursuant  thereto.  The
 41    board of athletic trainers shall have no authority to impose sanctions or lim-
 42    itations  or  conditions  on  licenses  issued under this chapter and shall be
 43    authorized only to make recommendations to the  board  with  respect  thereto.
 44    Members  of the board of athletic trainers shall disqualify themselves and, on
 45    motion of any interested party, may on proper showing, be disqualified in  any
 46    proceeding  concerning  which they have an actual conflict of interest or bias
 47    which interferes with their fair and impartial service.
 48        (5)  In addition to its other powers, the board of athletic trainers shall
 49    be empowered and authorized:
 50        (a)  To recommend that the board  reprimand  by  informal  admonition  any
 51        licensed  athletic trainer respecting any matter it finds is minor miscon-
 52        duct. Such reprimand shall be subject to disclosure according  to  chapter
 53        3, title 9, Idaho Code.
                                                                        
                                           10
                                                                        
  1        (b)  To  recommend  that  the board order, for good cause, nondisciplinary
  2        suspension or transfer to inactive status of any licensed athletic trainer
  3        incapacitated by illness, senility, disability,  or  addiction  to  drugs,
  4        intoxicants or other chemical or like substances, and to provide terms and
  5        conditions therefor, including provisions and conditions controlling rein-
  6        statement  and any request therefor; provided, this paragraph shall not be
  7        construed to amend or repeal specific legislation expressly  dealing  with
  8        disabled  athletic trainers whether heretofore or hereafter enacted by the
  9        legislature of the state of Idaho, but rather shall be construed  as  com-
 10        plementary thereto.
 11        (c)  To  recommend  that the board accept the resignation and surrender of
 12        the license of any athletic trainer under investigation or prosecution who
 13        tenders the same, and to impose terms and conditions in connection  there-
 14        with as it may deem appropriate in the best interests of the public and of
 15        justice.
 16        (d)  To  recommend  that  the board provide by order for reciprocal disci-
 17        pline  in  cases  involving  a  licensed  athletic  trainer  or  applicant
 18        disciplined in any other jurisdiction,  provided  that  such  licensee  or
 19        applicant shall be entitled to appear and show cause why such order should
 20        not apply in his or her case.
 21        (e)  To recommend that the board provide for reasonable fees through rules
 22        for  administrative  costs  and  assess  costs  reasonably and necessarily
 23        incurred in the enforcement of this chapter when a licensee  or  applicant
 24        has been found to be in violation of this chapter.
                                                                        
 25        SECTION  14.  That Section 54-3915, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        54-39154.  COMPENSATION. The members of the  board  of  athletic  trainers
 28    shall be compensated as provided in section 59-509(be), Idaho Code.
                                                                        
 29        SECTION  15.  That Section 54-3916, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        54-39165.  BOARD OF MEDICINE -- ADMINISTRATIVE PROVISIONS. (1) The  execu-
 32    tive  director  of the Idaho state board of medicine shall serve as the execu-
 33    tive director to the board of athletic trainers.
 34        (2)  All fees received under the  provisions  of  this  chapter  shall  be
 35    deposited  in  the state treasury to the credit of the state board of medicine
 36    account created by section 54-1809, Idaho Code, and  all  costs  and  expenses
 37    incurred  by the board and the board of athletic trainers under the provisions
 38    of this chapter shall be a charge against and paid from said account for  such
 39    purposes,  and  the  moneys collected hereunder shall be immediately available
 40    for the administration of this chapter. In no instance shall the  state  board
 41    of  medicine  account  be  obligated to pay any claims which in aggregate with
 42    claims already allowed exceed the  income  to  the  state  board  of  medicine
 43    account which has been derived from the application of this chapter.
 44        Money paid into the state board of medicine account pursuant to this chap-
 45    ter  is  hereby  continuously appropriated to the board for expenditure in the
 46    manner prescribed herein to defray the expenses of the board and the board  of
 47    athletic  trainers  in carrying out and enforcing the provisions of this chap-
 48    ter.
                                                                        
 49        SECTION 16.  That Section 54-3917, Idaho Code, be, and the same is  hereby
 50    amended to read as follows:
                                                                        
                                           11
                                                                        
  1        54-39176.  PENALTIES.  Any person who violates any provision of this chap-
  2    ter shall, upon conviction, be guilty of a misdemeanor.
                                                                        
  3        SECTION 17.  That Section 54-3918, Idaho Code, be, and the same is  hereby
  4    amended to read as follows:
                                                                        
  5        54-39187.  SEVERABILITY. The provisions of this act are hereby declared to
  6    be  severable  and if any provision of this chapter or the application of such
  7    provision to any person or circumstance is declared invalid  for  any  reason,
  8    such  declaration  shall not affect the validity of remaining portions of this
  9    chapter.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Ring                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 199
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 32,  delete "is"  and insert: "is";
  3    in line 35, delete "participating" and insert:  "participates";  and  also  in
  4    line  35,  following  "games"  insert:  "requiring physical strength, agility,
  5    flexibility, range of motion, speed or stamina and which exercises, sports  or
  6    games are of the type"; in line 37, following "sports" delete the remainder of
  7    the  line  and  delete lines 38 and 39 and insert: "club or organization."; in
  8    line 41, following "disorders)," insert: "incurred by an athlete,"; on page 2,
  9    in line 28, following "board." delete the remainder of  the  line  and  delete
 10    lines 29 and 30.
                                                                        
 11                                AMENDMENT TO SECTION 2
 12        On  page  3,  in line 19, following "trainer." insert: "An athlete with an
 13    athletic injury not incurred in association with an  educational  institution,
 14    professional,  amateur  or  recreational  sports club or organization shall be
 15    referred by a directing physician, but only after such directing physician has
 16    first evaluated  the  athlete  and  referred  such  athlete  to  the  athletic
 17    trainer.".
                                                                        
 18                               AMENDMENTS TO SECTION 4
 19        On page 4, delete lines 9, 10 and 11, and insert:
 20        "(6)  Nothing herein shall be construed to require registration of elemen-
 21    tary or secondary school teachers, coaches or authorized volunteers who do not
 22    hold themselves out to the public as athletic trainers.
 23        (7)  This act shall not be construed as to require  licensure  by  persons
 24    assisting  in an emergency or in providing aid or service for which no fee for
 25    service is contemplated, charged or received, provided that the person provid-
 26    ing the service or assisting in the emergency does not hold himself out as  an
 27    athletic trainer.".
                                                     Moved by    Kennedy             
                                                                        
                                                     Seconded by Sweet               
                                                                        
                                                                        
                                       IN THE SENATE
                        SENATE AMENDMENT TO H.B. NO. 199, As Amended
                                                                        
 28                               AMENDMENTS TO SECTION 1
 29        On page 2 of the engrossed bill, in line 10, following "board" insert: "or
 30    a designated Idaho licensed chiropractic physician"; and in line 25, following
 31    "board" insert: "or a designated Idaho licensed chiropractic physician".
                                                                        
 32                                AMENDMENT TO SECTION 2
 33        On  page  2, in line 43, following "board," insert: "or a designated Idaho
                                 |||
                                                                        
                                          2
                                                                        
  1    licensed chiropractic physician,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 199, As Amended
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LICENSURE OF ATHLETIC TRAINERS; AMENDING  SECTION  54-3902,  IDAHO
  3        CODE,  TO FURTHER DEFINE TERMS; AMENDING CHAPTER 39, TITLE 54, IDAHO CODE,
  4        BY THE ADDITION OF A NEW SECTION 54-3903, IDAHO CODE, TO PROVIDE A  STATE-
  5        MENT  OF  THE  SCOPE  OF  PRACTICE  OF ATHLETIC TRAINERS; AMENDING SECTION
  6        54-3903, IDAHO CODE, TO REDESIGNATE THE SECTION AND  TO  PROHIBIT  USE  OF
  7        CERTAIN  TERMS WITHOUT LICENSURE; AMENDING SECTION 54-3904, IDAHO CODE, TO
  8        REDESIGNATE THE SECTION AND TO FURTHER DESCRIBE  EXCEPTIONS  TO  LICENSURE
  9        REQUIREMENTS; REPEALING SECTIONS 54-3906 AND 54-3908, IDAHO CODE; AMENDING
 10        SECTION  54-3905,  IDAHO  CODE,  TO  REDESIGNATE  THE  SECTION, TO FURTHER
 11        DESCRIBE QUALIFICATIONS FOR LICENSURE AND TO PROVIDE A CORRECT CODE  CITA-
 12        TION;  AMENDING  SECTION 54-3907, IDAHO CODE, TO CLARIFY FEES WHICH MAY BE
 13        IMPOSED; AMENDING SECTION 54-3909, IDAHO CODE, TO REDESIGNATE THE  SECTION
 14        AND  TO FURTHER GOVERN CONDITIONS FOR PROVISIONAL LICENSURE; AMENDING SEC-
 15        TION 54-3910, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO SPECIFY CONDI-
 16        TIONS FOR REFUSAL TO ISSUE OR RENEW LICENSURE; AMENDING  SECTION  54-3911,
 17        IDAHO  CODE,  TO  REDESIGNATE THE SECTION, TO SPECIFY CONDITIONS GOVERNING
 18        RENEWAL AND REINSTATEMENT OF LICENSURE AND TO MAKE A TECHNICAL CORRECTION;
 19        AMENDING SECTION 54-3912, IDAHO CODE, TO REDESIGNATE THE  SECTION  AND  TO
 20        SPECIFY  CONDITIONS  GOVERNING  DENIAL,  SUSPENSION  AND  REVOCATION  OF A
 21        LICENSE; AMENDING SECTION 54-3913, IDAHO CODE, TO REDESIGNATE THE  SECTION
 22        AND  TO PROVIDE ADDITIONAL QUALIFICATIONS FOR MEMBERS OF THE BOARD OF ATH-
 23        LETIC TRAINERS; AMENDING  SECTION 54-3914, IDAHO CODE, TO REDESIGNATE  THE
 24        SECTION, TO SPECIFY DUTIES OF THE BOARD OF ATHLETIC TRAINERS AND TO MAKE A
 25        TECHNICAL CORRECTION; AMENDING SECTION 54-3915, IDAHO CODE, TO REDESIGNATE
 26        THE  SECTION  AND TO INCREASE COMPENSATION; AND AMENDING SECTIONS 54-3916,
 27        54-3917 AND 54-3918, IDAHO CODE, TO REDESIGNATE THE SECTIONS.
                                                                        
 28    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 29        SECTION 1.  That Section 54-3902, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        54-3902.  DEFINITIONS. As used in this chapter:
 32        (1)  "Athlete" is means a person who is associated with and/or is training
 33    for an individual or a team competitive activity which is sponsored by an edu-
 34    cational  institution, amateur or professional group or other recognized orga-
 35    nization participates  in  exercises,  sports,  or  games  requiring  physical
 36    strength,  agility,  flexibility,  range of motion, speed or stamina and which
 37    exercises, sports or games are of the type  generally conducted in association
 38    with an educational  institution  or  professional,  amateur  or  recreational
 39    sports club or organization.
 40        (2)  "Athletic  injury" means a physical injury, harm, hurt or common con-
 41    dition (such as heat disorders), incurred by an athlete, preventing or  limit-
 42    ing  participation  in athletic activity, sports or recreation, which athletic
 43    trainers are educated to evaluate and treat or refer to the  directing  physi-
                                                                        
                                           2
                                                                        
  1    cian.
  2        (3)  "Athletic  trainer",  or  such other term as recognized by the board,
  3    means a person with the specific qualifications  for  registration  set  forth
  4    pursuant to this chapter, who, upon the direction of the team physician and/or
  5    consulting  physician, carries out the practice of prevention, care and recon-
  6    ditioning of physical injuries incurred by athletes, employing the application
  7    of cold, heat, electrical stimulation, and/or exercise who has met the  quali-
  8    fications  for  licensure as set forth in this chapter, is licensed under this
  9    chapter, and carries out the practice of athletic training under the direction
 10    of a designated Idaho licensed physician, registered with the board.
 11        (4)  "Athletic training" means the  application  by  a  licensed  athletic
 12    trainer of principles and methods of:
 13        (a)  Prevention of athletic injuries;
 14        (b)  Recognition,  evaluation and assessment of athletic injuries and con-
 15        ditions;
 16        (c)  Immediate care of athletic injuries including common emergency  medi-
 17        cal situations;
 18        (d)  Rehabilitation and reconditioning of athletic injuries;
 19        (e)  Athletic training services administration and organization; and
 20        (f)  Education of athletes.
 21        (35)  "Board" means the Idaho state board of medicine.
 22        (46)  "Board  of  athletic  trainers"  means  the  Idaho board of athletic
 23    trainers established in this chapter.
 24        (7)  "Directing physician" means a  designated  person  duly  licensed  to
 25    practice  medicine in Idaho, registered with the board, who is responsible for
 26    the athletic training services provided by the athletic trainer  and  oversees
 27    the  practice  of athletic training of the athletic trainer, as established by
 28    board rule. This chapter does not authorize the practice of medicine or any of
 29    its branches by a person not so licensed by the board.
 30        (a)  This direction will be provided by verbal order  when  the  directing
 31        physician  is present and by written order or by athletic training service
 32        plans or protocols, as established by board rule, when the directing  phy-
 33        sician is not present.
 34        (b)  Upon  referral from a physician licensed in another state and in good
 35        standing, the practice of athletic  training  or  physical  rehabilitation
 36        and/or reconditioning shall be carried out under the written orders of the
 37        referring physician and in collaboration with the directing physician.
                                                                        
 38        SECTION  2.  That  Chapter  39,  Title 54, Idaho Code, be, and the same is
 39    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 40    ignated as Section 54-3903, Idaho Code, and to read as follows:
                                                                        
 41        54-3903.  SCOPE  OF  PRACTICE.  The scope of practice of athletic trainers
 42    under the direction of the designated  Idaho  licensed  physician,  registered
 43    with the board, includes:
 44        (1)  Prevention  of athletic injuries by designing and implementing physi-
 45    cal conditioning programs,  performing  preparticipation  screenings,  fitting
 46    protective  equipment, designing and constructing protective products and con-
 47    tinuously monitoring changes in the environment.
 48        (2)  Recognition and evaluation of athletic injuries by obtaining  a  his-
 49    tory of the injury, individual inspection of the injured body part and associ-
 50    ated  structures and palpatation of bony landmarks and soft tissue structures.
 51    Immediate care of athletic injuries may require initiation of  cardiopulmonary
 52    resuscitation,  administration of basic or advanced first aid, removal of ath-
 53    letic equipment, immobilization and transportation  of  the  injured  athlete.
                                                                        
                                           3
                                                                        
  1    Concurrent  with  athletic  training  service plans or protocols, the athletic
  2    trainer will determine if the athlete may return to participation or,  if  the
  3    injury  requires  further definitive care, the athletic trainer will refer the
  4    injured athlete to the appropriate directing physician.
  5        (3)  Rehabilitation and reconditioning of athletic injuries by administer-
  6    ing  therapeutic  exercise  and  physical  modalities  including  cryotherapy,
  7    thermotherapy, and intermittent compression or mechanical devices as  directed
  8    by  established,  written athletic training service plans or protocols or upon
  9    the order of the directing physician.
 10        (4)  Athletic training services administration includes implementing  ath-
 11    letic training service plans or protocols, writing organizational policies and
 12    procedures,  complying with governmental and institutional standards and main-
 13    taining records to document services rendered.
 14        (5)  Education of athletes to facilitate physical conditioning and  recon-
 15    ditioning  by  designing and implementing appropriate programs to minimize the
 16    risk of injury.
 17        (6)  The scope of practice excludes any independent practice  of  athletic
 18    training by an athletic trainer. An athlete with an athletic injury not incur-
 19    red  in  association with an educational institution, professional, amateur or
 20    recreational sports club or organization shall be referred by a directing phy-
 21    sician, but only after such directing physician has first evaluated  the  ath-
 22    lete and referred such athlete to the athletic trainer.
                                                                        
 23        SECTION  3.  That  Section 54-3903, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        54-39034.  REGISTRATION LICENSURE REQUIRED. It shall be unlawful  for  any
 26    person  to practice or to offer to practice as an athletic trainer, or to rep-
 27    resent such person to be an athletic trainer unless such person is  registered
 28    licensed  under the provisions of this chapter. Only an individual may be reg-
 29    istered licensed under this chapter. An  individual  may  not  use  the  title
 30    "licensed  athletic  trainer," "athletic trainer," or "athletic training," the
 31    abbreviations "AT," "ATC," "AT,C," "ATC/L," "CAT," "LAT," or any other  words,
 32    abbreviations  or insignia to indicate or imply that the individual is an ath-
 33    letic trainer unless the individual is licensed pursuant to this chapter.
                                                                        
 34        SECTION 4.  That Section 54-3904, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        54-39045.  EXCEPTIONS  TO  REGISTRATION  LICENSURE REQUIREMENT. Nothing in
 37    this chapter shall be construed as preventing  or  restricting  the  practice,
 38    services  or  activities  or requiring registration licensure pursuant to this
 39    chapter of:
 40        (1)  Any person licensed in this state by any other law, from engaging  in
 41    the  profession  or occupation for which such person is licensed or registered
 42    or otherwise regulated; or
 43        (2)  Any person employed as an athletic trainer by the government  of  the
 44    United  States or any agency thereof, if such person provides athletic trainer
 45    services solely under the direction or control of  the  government  agency  by
 46    which such person is employed; or
 47        (3)  Any person pursuing a supervised course of study leading to a degree,
 48    licensure  or  registration  as  athletic trainer in an accredited or approved
 49    educational program, if the person is designated  by  a  title  which  clearly
 50    indicates a student or trainee status; or
 51        (4)  Any person fulfilling supervised fieldwork experience requirements as
                                                                        
                                           4
                                                                        
  1    prescribed by the board; or
  2        (5)  For  purposes  of  continuing education, consulting, and/or training,
  3    any person performing athletic trainer services in the state,  if  these  ser-
  4    vices  are  performed  for  no more than sixty (60) days in a calendar year in
  5    association with an athletic trainer registered licensed under  this  chapter,
  6    if:
  7        (a)  The  person is licensed, registered or certified and in good standing
  8        as an athletic trainer in another state; or
  9        (b)  The person is certified and in good standing as an  athletic  trainer
 10        by  the national athletic trainers'  association board of certification or
 11        by a nationally recognized credentialing agency, accepted by the board.
 12        (6)  Nothing herein shall be construed to require registration of  elemen-
 13    tary or secondary school teachers, coaches or authorized volunteers who do not
 14    hold themselves out to the public as athletic trainers.
 15        (7)  This  act  shall  not be construed as to require licensure by persons
 16    assisting in an emergency or in providing aid or service for which no fee  for
 17    service is contemplated, charged or received, provided that the person provid-
 18    ing  the service or assisting in the emergency does not hold himself out as an
 19    athletic trainer.
                                                                        
 20        SECTION 5.  That Sections 54-3906 and 54-3908, Idaho  Code,  be,  and  the
 21    same are hereby repealed.
                                                                        
 22        SECTION  6.  That  Section 54-3905, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        54-39056.  QUALIFICATIONS FOR REGISTRATION LICENSURE. An applicant for  an
 25    athletic  trainer  registration  license must possess the following qualifica-
 26    tions:
 27        (1)  The applicant must have  graduated  Have  received  a  bachelor's  or
 28    advanced  degree  from  an  accredited four (4) year college or university and
 29    completed the  requirements  met  the  minimum  athletic  training  curriculum
 30    requirement  established  by the board as recommended by the board of athletic
 31    trainers and adopted by board rule.
 32        (2)  The applicant must submit an application to  the  board  of  athletic
 33    trainers  on  forms  prescribed  Have successfully completed the certification
 34    examination administered by the national athletic trainers' association  board
 35    of certification or equivalent examination approved or recognized by the board
 36    as recommended by the board of athletic trainers.
 37        (3)  The  applicant must successfully complete an examination administered
 38    by or approved Be in good standing with and provide documentation  of  current
 39    certification  by  the national athletic trainers' association or a nationally
 40    recognized credentialing agency, adopted by the board as  recommended  by  the
 41    board of athletic trainers.
 42        (4)  The  applicant  must  Submit  an application to the board of athletic
 43    trainers on forms prescribed by the board and pay the  registration  licensure
 44    fee required under this chapter.
                                                                        
 45        SECTION  7.  That  Section 54-3907, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        54-3907.  FEES. The board, upon recommendation of the  board  of  athletic
 48    trainers, shall adopt rules establishing fees for the following:
 49        (1)  Initial registration licensure fee;
 50        (2)  Renewal of registration licensure fee;
                                                                        
                                           5
                                                                        
  1        (3)  Provisional registration licensure fee;
  2        (4)  Inactive registration licensure fee;
  3        (5)  Examination  Application  and  renewal  fees. Necessary nonrefundable
  4    fees shall be made for the exact amount of the transaction and  accompany  all
  5    applications for initial licensure and renewal.
  6        (6)  Extraordinary  expenses.  In those situations where the processing of
  7    an  application  for  initial  licensure  or  renewal  requires  extraordinary
  8    expenses, the board may charge the applicant reasonable fees to cover  all  or
  9    part of the extraordinary expenses.
                                                                        
 10        SECTION  8.  That  Section 54-3909, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        54-39098.  PROVISIONAL REGISTRATION LICENSURE. The board, based  upon  the
 13    recommendation of the board of athletic trainers, may issue provisional regis-
 14    tration  licensure  to  applicants who are actively engaged in preparing them-
 15    selves to meet the qualifications prescribed in this  chapter.  A  provisional
 16    registration  license  shall  be  valid for a term of one (1) year, but may be
 17    renewed only twice, at the discretion of the board upon recommendation of  the
 18    board of athletic trainers.
                                                                        
 19        SECTION  9.  That  Section 54-3910, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        54-39109.  ISSUANCE OF REGISTRATION LICENSURE. (1)  The board, based  upon
 22    recommendation  of  the board of athletic trainers, shall issue a registration
 23    license to any person who meets the requirements of this chapter upon  receipt
 24    of an application and payment of the prescribed fees.
 25        (2)  The board, upon recommendation of the board of athletic trainers, may
 26    refuse to issue or renew the license of an applicant who has been convicted of
 27    an  offense  or  disciplined by an athletic trainer licensing body in a manner
 28    that bears, in the judgment of the board, a demonstrable relationship  to  the
 29    ability  of the applicant to practice athletic training in accordance with the
 30    provisions of this chapter, or who has falsified an application for licensure,
 31    or refuse any applicant for any cause described under section  54-3911,  Idaho
 32    Code.
                                                                        
 33        SECTION  10.  That Section 54-3911, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        54-39110.  RENEWAL OF REGISTRATION LICENSURE. (1) Any registration  licen-
 36    sure  issued  under  this chapter shall be subject to annual renewal and shall
 37    expire unless renewed in the manner prescribed by the rules of the board.  The
 38    board,  upon recommendation of the board of athletic trainers, may reinstate a
 39    registration cancelled licensure canceled for failure to renew upon compliance
 40    with requirements of the board for renewal of registrations licenses.
 41        (a)  A license shall be issued for a period of not less than one (1)  year
 42        nor  more  than  five  (5) years, in conformance with administrative rules
 43        adopted by the board. Each license shall set forth its expiration date  on
 44        the  face  of the certificate. The failure of any licensee to renew his or
 45        her license, as required herein and by the rules of the board,  shall  not
 46        deprive  such  person  of  the right to renewal, except as provided for in
 47        this chapter.
 48        (b)  Fees for renewal of licensure of athletic trainers shall be fixed  by
 49        the board in its rules.
                                                                        
                                           6
                                                                        
  1        (c)  All licensed athletic trainers must be in good standing with and pro-
  2        vide  documentation  of  current  certification  by  the national athletic
  3        trainers' association board of certification or  a  nationally  recognized
  4        credentialing agency, accepted by the board. All athletic trainers holding
  5        current Idaho registration/licensure who are not certified by the national
  6        athletic trainers' association board of certification or a nationally rec-
  7        ognized  credentialing agency, accepted by the board, are required to pro-
  8        vide documentation of successful completion of eighty (80) hours of  board
  9        approved continuing educational units during each three (3) year reporting
 10        period on forms provided by the board.
 11        (d)  All  licensed  athletic  trainers  shall report to the board any name
 12        change or changes in business and home addresses thirty  (30)  days  after
 13        the change becomes final.
 14        (2)  Reinstatement of licensure.
 15        (a)  Reinstatement  of a license that has lapsed for a period of three (3)
 16        consecutive years shall require good standing with  and  documentation  of
 17        current certification by the national athletic trainers' association board
 18        of certification or a nationally recognized credentialing agency, accepted
 19        by the board.
 20        (b)  Reinstatement  of a license that has lapsed for a period of three (3)
 21        consecutive years shall require the payment of a  renewal  fee  and  rein-
 22        statement  fee in accordance with the rules adopted by the board, provided
 23        however, that no reinstatement fee shall be  greater  than  fifty  dollars
 24        ($50.00).
 25        (c)  Reinstatement  of a license that has lapsed for a period of more than
 26        three (3) consecutive years shall require reapplying  for  a  license  and
 27        payment  of  fees  in  accordance with the rules adopted by the board. The
 28        applicant shall successfully demonstrate to the board, upon recommendation
 29        of the board of athletic trainers, competency in the practice of  athletic
 30        training.  The  board,  upon  recommendation  of  the  board  of  athletic
 31        trainers,  may also require the applicant to take an examination, remedial
 32        courses, or both, as  shall  be  recommended  by  the  board  of  athletic
 33        trainers.
 34        (3)  Upon   application  and  recommendation  by  the  board  of  athletic
 35    trainers, the board shall grant inactive status to a registered licensed  ath-
 36    letic trainer who:
 37        (a)  Does not practice as an athletic trainer; or and
 38        (b)  Maintains  any  continuing  competency requirements established Is in
 39        good standing with and provides documentation of current certification  by
 40        the  national  athletic  trainers' association board of certification or a
 41        nationally recognized credentialing agency, accepted by the board.
                                                                        
 42        SECTION 11.  That Section 54-3912, Idaho Code, be, and the same is  hereby
 43    amended to read as follows:
                                                                        
 44        54-39121.  DENIAL  -- SUSPENSION AND REVOCATION OF REGISTRATION LICENSE --
 45    REFUSAL TO RENEW. (1) Subject to the provisions of chapter 52, title 67, Idaho
 46    Code, the board, upon recommendation of the board of  athletic  trainers,  may
 47    deny  registration  license  or refuse to renew a registration license, or may
 48    suspend or revoke a registration license or may impose probationary conditions
 49    if the applicant for registration licensure has been found guilty of unprofes-
 50    sional conduct which has endangered or is likely to endanger the health,  wel-
 51    fare,  or  safety of the public. All petitions for reconsideration of a denial
 52    of a license application or reinstatement application  must  be  made  to  the
 53    board  within  one  (1)  year from the date of the denial. Such unprofessional
                                                                        
                                           7
                                                                        
  1    conduct includes, but is not limited to:
  2        (a)  Obtaining registration licensure by means  of  fraud,  misrepresenta-
  3        tion, or concealment of material facts;
  4        (b)  Being guilty of unprofessional conduct, negligence or incompetence in
  5        the  practice  of athletic training as defined by the rules established by
  6        the board, or violating the code of ethics adopted and  published  by  the
  7        board;
  8        (c)  Being convicted of a felony by a court of competent jurisdiction;
  9        (d)  The unauthorized practice of medicine;
 10        (e)  Use  of any advertising statements that deceive or mislead the public
 11        or that are untruthful;
 12        (f)  Making statements that the licensee knows, or should have known,  are
 13        false  or  misleading regarding skill or efficacy or value of treatment or
 14        remedy administered by the licensee in the treatment of any condition per-
 15        taining to athletic training;
 16        (g)  Practicing or offering to  practice  beyond  the  scope  of  athletic
 17        training as defined in this chapter or which fails to meet the standard of
 18        athletic  training  provided  by  other qualified athletic trainers in the
 19        same or similar community;
 20        (h)  Performance of services while under the influence  of  alcohol,  con-
 21        trolled  substances  or other skill impairing substances so as to create a
 22        risk of harm to a client;
 23        (i)  Commission of any act of sexual contact, misconduct, exploitation  or
 24        intercourse  with  a  client or former client or related to the licensee's
 25        practice of athletic training;
 26             1.  Consent of the client shall not be a defense;
 27             2.  This paragraph shall not apply to sexual contact between an  ath-
 28             letic  trainer  and  the  athletic  trainer's spouse or a person in a
 29             domestic relationship who is also a client;
 30             3.  A former client includes a client for whom the  athletic  trainer
 31             has  provided  athletic training services within the last twelve (12)
 32             months;
 33             4.  Sexual or romantic relationship with a former client  beyond  the
 34             period  of  time set forth herein may also be a violation if the ath-
 35             letic trainer uses or exploits  the  trust,  knowledge,  emotions  or
 36             influence  derived  from the prior professional relationship with the
 37             client;
 38        (j)  Having been judged mentally  incompetent  by  a  court  of  competent
 39        jurisdiction;
 40        (k)  Aiding  or  abetting a person not licensed in this state who directly
 41        or indirectly performs activities requiring a license;
 42        (l)  Failing to report to the board any act or  omission  of  a  licensee,
 43        applicant, or any other person, which violates any provision of this chap-
 44        ter;
 45        (m)  Interfering with an investigation or disciplinary proceeding by will-
 46        ful  misrepresentation of facts or by use of threats or harassment against
 47        any client or witness to prevent them from providing evidence in a  disci-
 48        plinary proceeding, investigation or other legal action;
 49        (n)  Failing  to maintain client confidentiality unless otherwise required
 50        by law;
 51        (o)  Failing to maintain adequate records. For purposes of this paragraph,
 52        "adequate records" means legible records that contain, at a  minimum,  the
 53        athletic  training service plan or protocol, written orders, an evaluation
 54        of objective findings, the plan of care and the treatment records;
 55        (p)  Promoting unnecessary devices, treatment, intervention or service for
                                                                        
                                           8
                                                                        
  1        the financial gain of the practitioner or of a third party;
  2        (q)  Violating any provisions of this chapter or any of the rules  promul-
  3        gated by the board under the authority of this chapter.
  4        (2)  A  denial, refusal to renew, suspension, revocation, or imposition of
  5    probationary conditions upon a registered athletic trainer may be  ordered  by
  6    the  board  after a hearing in the manner provided by the rules adopted by the
  7    board. An application for reinstatement may be made to the board one (1)  year
  8    from the date of the revocation of registration. The board shall:
  9        (a)  Accept or reject an application for reinstatement; and
 10        (b)  Hold a hearing to consider such reinstatement
 11    of an application for licensure or application for reinstatement shall be con-
 12    sidered  a contested case as provided for in chapter 52, title 67, Idaho Code,
 13    and be subject to the provisions of that chapter, as well as the rules adopted
 14    by the board governing contested cases.
 15        (3)  Any person who shall be aggrieved by any action of the board in deny-
 16    ing, refusing to renew, suspending or revoking a licensure, issuing a censure,
 17    imposing any restriction upon a licensee, or imposing any fine, may seek judi-
 18    cial review thereof in accordance with the provisions of chapter 52, title 67,
 19    Idaho Code.
                                                                        
 20        SECTION 12.  That Section 54-3913, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        54-39132.  BOARD  OF ATHLETIC TRAINERS -- CREATED -- APPOINTMENT -- TERMS.
 23    (1) A board of athletic trainers is hereby created and  made  a  part  of  the
 24    Idaho state board of medicine.
 25        (2)  The  board  of  athletic  trainers shall consist of four (4) members,
 26    three (3) of whom shall be registered Idaho licensed athletic trainers  activ-
 27    ely  engaged in the practice of athletic training in this state and one (1) of
 28    whom shall be a lay person.
 29        (3)  The board  shall  appoint  the  members  of  the  board  of  athletic
 30    trainers.  In making appointments to the board of athletic trainers, the board
 31    shall give consideration to recommendations made by professional organizations
 32    of athletic trainers and physicians.
 33        (4)  All members of the board of athletic trainers shall have  been  resi-
 34    dents  of  the  state of Idaho for one (1) year immediately preceding appoint-
 35    ment. In appointing the athletic trainer members of the first  board  of  ath-
 36    letic trainers, the board may appoint any practicing athletic trainer who pos-
 37    sesses  the  qualifications required by section 54-39056, Idaho Code. All mem-
 38    bers must be persons of integrity and good reputation. The lay member must  be
 39    a  person who has never been authorized to practice a healing art, and who has
 40    never had a substantial personal, business, professional or pecuniary  connec-
 41    tion  with  a healing art or with a medical education or health care facility,
 42    except as a client or potential client.
 43        (5)  The board of athletic trainers shall be appointed within thirty  (30)
 44    days after the effective date of this chapter for terms ending December 31. Of
 45    the  first  members  of  the  board  of  athletic  trainers appointed, one (1)
 46    member's term shall expire December 31, 1990;  one  (1)  member's  term  shall
 47    expire  December  31,  1991;  one  (1) member's term shall expire December 31,
 48    1992; and one (1) member's term shall expire December 31, 1993. After the ini-
 49    tial appointments, all terms shall be four (4) years,  and  a  member  may  be
 50    reappointed.  In  the  event  of  death,  resignation or removal of any member
 51    before the expiration of the term to which appointed,  the  vacancy  shall  be
 52    filled  for the unexpired portion of the term in the same manner as the origi-
 53    nal appointment. The board may remove any member for cause at any  time  prior
                                                                        
                                           9
                                                                        
  1    to the expiration of his term.
  2        (6)  The  board  of  athletic trainers shall hold at least one (1) meeting
  3    each year. At the meeting, the board of athletic  trainers  shall  elect  from
  4    among  its  members  for  a  term of one (1) year commencing on July 1 next, a
  5    chairperson. The board of athletic trainers may hold  additional  meetings  on
  6    the  call  of the chairperson or at the written request of any two (2) members
  7    of the board of athletic trainers. The board of athletic trainers may  appoint
  8    committees  as  it  considers  necessary  to  carry out its duties. The quorum
  9    required for any meeting of the board of athletic trainers is three  (3)  mem-
 10    bers.  No  action  by  the  board  of athletic trainers or its members has any
 11    effect unless a quorum of the board of athletic trainers is present.
                                                                        
 12        SECTION 13.  That Section 54-3914, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        54-39143.  BOARD  OF MEDICINE AND BOARD OF ATHLETIC TRAINERS -- POWERS AND
 15    DUTIES. (1) The board shall administer, coordinate, and enforce the provisions
 16    of this chapter, evaluate the qualifications and fitness  of  applicants,  and
 17    approve  the  examinations  applications for registration licensure under this
 18    chapter, and may issue subpoenas, examine witnesses, and administer oaths, and
 19    may investigate practices which are alleged to violate the provisions of  this
 20    chapter. The board of athletic trainers shall conduct examinations of evaluate
 21    all  applicants  for  qualification and fitness for registration licensure and
 22    make recommendations to and consult with the board concerning issuance of reg-
 23    istrations licenses, revocation of registrations licenses and rules to be pro-
 24    mulgated under this chapter.
 25        (2)  The board  shall,  upon  recommendation  of  the  board  of  athletic
 26    trainers,  adopt  rules pursuant to chapter 52, title 67, Idaho Code, relating
 27    to professional conduct to carry out the policy of this chapter including, but
 28    not limited to, regulations rules relating to professional registration licen-
 29    sure and to the establishment of ethical standards of  practice,  disciplinary
 30    proceedings,  registration  refusal to renew license proceedings, license sus-
 31    pension proceedings, or registration license revocation proceedings  for  per-
 32    sons registered licensed to practice as an athletic trainer in this state.
 33        (3)  The  board of athletic trainers shall hold meetings, conduct hearings
 34    and keep records and minutes as are necessary to carry out its functions.
 35        (4)  Every person registered licensed as  an  athletic  trainer  in  Idaho
 36    shall  be subject to discipline pursuant to the powers set forth in this chap-
 37    ter and the rules of the board of medicine promulgated pursuant  thereto.  The
 38    board of athletic trainers shall have no authority to impose sanctions or lim-
 39    itations  or  conditions  on  licenses  issued under this chapter and shall be
 40    authorized only to make recommendations to the  board  with  respect  thereto.
 41    Members  of the board of athletic trainers shall disqualify themselves and, on
 42    motion of any interested party, may on proper showing, be disqualified in  any
 43    proceeding  concerning  which they have an actual conflict of interest or bias
 44    which interferes with their fair and impartial service.
 45        (5)  In addition to its other powers, the board of athletic trainers shall
 46    be empowered and authorized:
 47        (a)  To recommend that the board  reprimand  by  informal  admonition  any
 48        licensed  athletic trainer respecting any matter it finds is minor miscon-
 49        duct. Such reprimand shall be subject to disclosure according  to  chapter
 50        3, title 9, Idaho Code.
 51        (b)  To  recommend  that  the board order, for good cause, nondisciplinary
 52        suspension or transfer to inactive status of any licensed athletic trainer
 53        incapacitated by illness, senility, disability,  or  addiction  to  drugs,
                                                                        
                                           10
                                                                        
  1        intoxicants or other chemical or like substances, and to provide terms and
  2        conditions therefor, including provisions and conditions controlling rein-
  3        statement  and any request therefor; provided, this paragraph shall not be
  4        construed to amend or repeal specific legislation expressly  dealing  with
  5        disabled  athletic trainers whether heretofore or hereafter enacted by the
  6        legislature of the state of Idaho, but rather shall be construed  as  com-
  7        plementary thereto.
  8        (c)  To  recommend  that the board accept the resignation and surrender of
  9        the license of any athletic trainer under investigation or prosecution who
 10        tenders the same, and to impose terms and conditions in connection  there-
 11        with as it may deem appropriate in the best interests of the public and of
 12        justice.
 13        (d)  To  recommend  that  the board provide by order for reciprocal disci-
 14        pline  in  cases  involving  a  licensed  athletic  trainer  or  applicant
 15        disciplined in any other jurisdiction,  provided  that  such  licensee  or
 16        applicant shall be entitled to appear and show cause why such order should
 17        not apply in his or her case.
 18        (e)  To recommend that the board provide for reasonable fees through rules
 19        for  administrative  costs  and  assess  costs  reasonably and necessarily
 20        incurred in the enforcement of this chapter when a licensee  or  applicant
 21        has been found to be in violation of this chapter.
                                                                        
 22        SECTION  14.  That Section 54-3915, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        54-39154.  COMPENSATION. The members of the  board  of  athletic  trainers
 25    shall be compensated as provided in section 59-509(be), Idaho Code.
                                                                        
 26        SECTION  15.  That Section 54-3916, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        54-39165.  BOARD OF MEDICINE -- ADMINISTRATIVE PROVISIONS. (1) The  execu-
 29    tive  director  of the Idaho state board of medicine shall serve as the execu-
 30    tive director to the board of athletic trainers.
 31        (2)  All fees received under the  provisions  of  this  chapter  shall  be
 32    deposited  in  the state treasury to the credit of the state board of medicine
 33    account created by section 54-1809, Idaho Code, and  all  costs  and  expenses
 34    incurred  by the board and the board of athletic trainers under the provisions
 35    of this chapter shall be a charge against and paid from said account for  such
 36    purposes,  and  the  moneys collected hereunder shall be immediately available
 37    for the administration of this chapter. In no instance shall the  state  board
 38    of  medicine  account  be  obligated to pay any claims which in aggregate with
 39    claims already allowed exceed the  income  to  the  state  board  of  medicine
 40    account which has been derived from the application of this chapter.
 41        Money paid into the state board of medicine account pursuant to this chap-
 42    ter  is  hereby  continuously appropriated to the board for expenditure in the
 43    manner prescribed herein to defray the expenses of the board and the board  of
 44    athletic  trainers  in carrying out and enforcing the provisions of this chap-
 45    ter.
                                                                        
 46        SECTION 16.  That Section 54-3917, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        54-39176.  PENALTIES.  Any person who violates any provision of this chap-
 49    ter shall, upon conviction, be guilty of a misdemeanor.
                                                                        
                                           11
                                                                        
  1        SECTION 17.  That Section 54-3918, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        54-39187.  SEVERABILITY. The provisions of this act are hereby declared to
  4    be  severable  and if any provision of this chapter or the application of such
  5    provision to any person or circumstance is declared invalid  for  any  reason,
  6    such  declaration  shall not affect the validity of remaining portions of this
  7    chapter.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 12562C1
     In 1989 the legislature determined that only "registered athletic
trainers" (and no one else) could practice athletic training in Idaho. 
To be a registered athletic trainer under current law, a person had to
be either an existing (grandfathered) athletic trainer (as of 1989) or
meet the following requirements: (i) be a college graduate, (ii) meet
specific requirements of the board of athletic trainers, (iii) submit
an application, (iv) pass a board approved test, and (v) pay a fee.  
     While this RS substitutes "licensure" for "registration," it does
not convert an "open" occupation into a "closed" occupation.  That
decision- to limit the practice of athletic training to only qualified
individuals- was made in 1989, in order to protect athletes from
having someone without proper training or experience assist them
concerning an athletic injury.
     First, this RS contains much more specific definitions of an
"athlete," and "athletic injury" and what the practice of "athletic
training" means.  The board of medicine drafted many of these key
definitions, with substantial and considered impute from other health
provider organizations.  Second, the board of medicine also drafted
extensive provisions dealing with how the practice of "athletic
training" can only occur under the watchful eye of a "directing
physician" and only as allowed within a new "scope of practice"
section.  Finally, the board of medicine drafted into this legislation
and approved a provision prohibiting athletic trainers from operating
an "independent practice," thus insuring that athletic training only
and continually occur under the watchful (and liable) eye of a
directing physician. 
     Administratively, this legislation also streamlines and
simplifies the licensing requirements for athletic trainers meeting
the statutory qualifications. Idaho athletic trainers now must take a
national certification examination approved by the board of medicine,
rather than a separate examination administered by the board of
athletic trainers.  Educational standards are also raised from simply
having a college degree, to having a four year degree that meets the
"minimum athletic training curriculum" established by the board of
medicine.
                            FISCAL IMPACT

There is no fiscal impact on General or Dedicated funds.





Contact
Name: Ron Williams, Attorney at Law, Idaho Athletic Trainers
Association
Phone: 344-6633


STATEMENT OF PURPOSE/FISCAL NOTE                               H 19