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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY READSHAW, GERGELY, WAGNER, KORTZ, BELFANTI, BRENNAN, CARROLL, DEASY, J. EVANS, FABRIZIO, HANNA, HORNAMAN, SIPTROTH, K. SMITH AND STABACK, DECEMBER 15, 2009 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, DECEMBER 15, 2009 |
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| AN ACT |
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1 | Amending the act of October 5, 1978 (P.L.1109, No.261), entitled |
2 | "An act requiring the licensing of practitioners of |
3 | osteopathic medicine and surgery; regulating their practice; |
4 | providing for certain funds and penalties for violations and |
5 | repeals," further providing for definitions and for athletic |
6 | trainers. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The definitions of "athletic training services," |
10 | "certified athletic trainer," "physically active person," |
11 | "referral" and "written protocol" in section 2 of the act of |
12 | October 5, 1978 (P.L.1109, No.261), known as the Osteopathic |
13 | Medical Practice Act, added December 10, 2001 (P.L.859, No.92), |
14 | are amended and the section is amended by adding a definition to |
15 | read: |
16 | Section 2. Definitions. |
17 | The following words and phrases when used in this act shall |
18 | have, unless the context clearly indicates otherwise, the |
19 | meanings given to them in this section: |
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1 | * * * |
2 | "Athletic training services." The management and provision |
3 | of care of injuries to a physically active person as defined in |
4 | this act with the direction of a licensed physician. The term |
5 | includes the rendering of emergency care, development of injury |
6 | prevention programs and providing appropriate preventative and |
7 | supporting devices for the physically active person. The term |
8 | also includes the assessment, management, treatment, |
9 | rehabilitation and reconditioning of the physically active |
10 | person whose conditions are within the professional preparation |
11 | and education of a [certified] licensed athletic trainer. The |
12 | term also includes the use of modalities such as mechanical |
13 | stimulation, heat, cold, light, air, water, electricity, sound, |
14 | massage and the use of therapeutic exercises, reconditioning |
15 | exercise and fitness programs. Athletic training services shall |
16 | not include surgery, invasive procedures or prescription of any |
17 | controlled substance. |
18 | * * * |
19 | ["Certified athletic trainer." A person who is certified to |
20 | perform athletic training services by the State Board of |
21 | Medicine or the State Board of Osteopathic Medicine.] |
22 | * * * |
23 | "Licensed athletic trainer." A person who is certified to |
24 | perform athletic training services by the State Board of |
25 | Medicine or the State Board of Osteopathic Medicine. |
26 | * * * |
27 | "Physically active person." An individual designated by a |
28 | physician as physically active, including an individual who |
29 | participates in organized, individual or team sports, athletic |
30 | games or recreational sport activity or an individual who the |
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1 | physician believes would benefit from athletic training. |
2 | * * * |
3 | "Referral." An order from a licensed physician, dentist or |
4 | podiatrist to [a certified] an athletic trainer for athletic |
5 | training services. An order may be written or oral, except that |
6 | an oral order must be reduced to writing within 72 hours of |
7 | issuance. |
8 | * * * |
9 | "Written protocol." A written agreement developed in |
10 | conjunction with one or more supervising physicians which |
11 | identifies and is signed by the supervising physician and the |
12 | [certified] licensed athletic trainer. It describes the manner |
13 | and frequency in which the [certified] licensed athletic trainer |
14 | regularly communicates with the supervising physician. It |
15 | includes standard operating procedures developed in agreement |
16 | with the supervising physician and [certified] licensed athletic |
17 | trainer that the [certified] licensed athletic trainer follows |
18 | when not directly supervised on site by the supervising |
19 | physician. |
20 | Section 2. Section 7.1(a), (b), (c), (d) and (f) of the act |
21 | are amended to read: |
22 | Section 7.1. Athletic trainers. |
23 | (a) An athletic trainer [certified] licensed by the board |
24 | may, under the direction of a physician, podiatrist or dentist, |
25 | provide athletic training services to a physically active person |
26 | under the care of a physician, dentist or podiatrist. An |
27 | athletic trainer [certified] licensed under this section shall |
28 | refer a physically active person with conditions outside the |
29 | scope of athletic training services to a physician, dentist or |
30 | podiatrist. |
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1 | (b) Any athletic trainer who holds a valid certificate |
2 | issued by the State Board of Physical Therapy under the act of |
3 | October 10, 1975 (P.L.383, No.110), known as the "Physical |
4 | Therapy Practice Act," relating to the practice of athletic |
5 | training, prior to the effective date of this act shall, on and |
6 | after the effective date hereof, be deemed to be [certified] |
7 | licensed by the State Board of Medicine or State Board of |
8 | Osteopathic Medicine as provided for in this act, unless his or |
9 | her certification has expired or been revoked prior to the |
10 | effective date of this act. |
11 | (c) An athletic trainer who meets the requirements of this |
12 | section shall be [certified] licensed, may use the title |
13 | "athletic trainer" or the abbreviation for the title, |
14 | ["A.T.C.,"] "A.T.L.," and may perform athletic training |
15 | services. A person who is not [certified] licensed under this |
16 | section may not use the designation of [certified] licensed |
17 | athletic trainer, athletic trainer or any of the listed |
18 | abbreviations for that title, including ["C.A.T." or "A.T.C.,"] |
19 | "L.A.T." or "A.T.L.," or any similar designation. This section |
20 | shall not prohibit any person trained and registered, licensed |
21 | or certified under any other law from engaging in the |
22 | registered, licensed or certified practice in which the person |
23 | is trained. |
24 | (d) The State Board of Osteopathic Medicine and the State |
25 | Board of Medicine shall jointly promulgate regulations which: |
26 | (1) establish approved education and training programs |
27 | for certification; and |
28 | (2) define the circumstances and protocol under which a |
29 | certified athletic trainer may perform athletic training |
30 | services. |
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1 | [Until such regulations are promulgated by the State Board of |
2 | Osteopathic Medicine and the State Board of Medicine, the |
3 | athletic trainer shall be regulated by the regulations, duly |
4 | promulgated by the State Board of Physical Therapy prior to the |
5 | enactment of this amendatory act governing the activities of |
6 | certified athletic trainers, which are not inconsistent with |
7 | this act.] All references in the current regulations referencing |
8 | certification or certified athletic trainers shall be deemed to |
9 | be references to licensure or licensed athletic trainers after |
10 | the effective date of this act. |
11 | * * * |
12 | (f) The State Board of Osteopathic Medicine shall be |
13 | responsible for the [certification] licensure of athletic |
14 | trainers. Jurisdiction will be determined by the type of |
15 | physician who supervises and directs the [certified] licensed |
16 | athletic trainer. [Certified] Licensed athletic trainers |
17 | supervised by a doctor of osteopathy shall fall within the |
18 | jurisdiction of the State Board of Osteopathic Medicine. |
19 | Section 3. The board shall issue licenses in the course of |
20 | its normal biannual process. Any athletic trainers with a valid |
21 | certification prior to the effective date of this act may refer |
22 | to themselves as licensed athletic trainers upon the effective |
23 | date of this act, even though the board has not issued a license |
24 | in lieu of certification. |
25 | Section 4. This act shall take effect in 30 days. |
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