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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
|||| 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.
|||| 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,".
|||| 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
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