PRINTER'S NO. 383
No. 370 Session of 2001
INTRODUCED BY TOMLINSON, THOMPSON, WAGNER, STOUT, CONTI,
JUBELIRER, MADIGAN, MELLOW, M. WHITE, GERLACH, BOSCOLA, BELL,
DENT, RHOADES, PUNT AND FUMO, FEBRUARY 7, 2001
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 7, 2001
AN ACT
1 Amending the act of December 20, 1985 (P.L.457, No.112),
2 entitled "An act relating to the right to practice medicine
3 and surgery and the right to practice medically related acts;
4 reestablishing the State Board of Medical Education and
5 Licensure as the State Board of Medicine and providing for
6 its composition, powers and duties; providing for the
7 issuance of licenses and certificates and the suspension and
8 revocation of licenses and certificates; providing penalties;
9 and making repeals," providing for certification of athletic
10 trainers by the State Board of Medicine; and making repeals.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The definition of "board regulated practitioner"
14 in section 2 of the act of December 20, 1985 (P.L.457, No.112),
15 known as the Medical Practice Act of 1985, is amended and the
16 section is amended by adding definitions to read:
17 Section 2. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 * * *
1 "Athletic training services." The management and provision
2 of care of injuries to a physically active person as defined in
3 this act, with the direction of a licensed physician. The term
4 includes the rendering of emergency care, development of injury
5 prevention programs and providing appropriate preventative and
6 supporting devices for the physically active person. The term
7 also includes the assessment, management, treatment,
8 rehabilitation and reconditioning of the physically active
9 person whose conditions are within the professional preparation
10 and education of a certified athletic trainer. The term also
11 includes the use of modalities such as; mechanical stimulation,
12 heat, cold, light, air, water, electricity, sound, massage, and
13 the use of therapeutic exercises, reconditioning exercise, and
14 fitness programs. Athletic training services shall not include
15 surgery, invasive procedures or prescription of any controlled
16 substance.
17 * * *
18 "Board regulated practitioner." A medical doctor, midwife,
19 physician assistant, respiratory care practitioner, certified
20 athletic trainer or drugless therapist or an applicant for a
21 license or certificate the board may issue.
22 "Certified athletic trainer." A person who is certified to
23 perform athletic training services by the State Board of
24 Medicine or State Board of Osteopathic Medicine.
25 * * *
26 "Direction." Supervision over the actions of a certified
27 athletic trainer via referral by prescription to treat
28 conditions for a physically active person from a licensed
29 physician, dentist or podiatrist or written protocol approved by
30 a supervising physician, dentist or podiatrist, except that the
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1 physical presence of the supervising physician, dentist or
2 podiatrist is not required if the supervising physician, dentist
3 or podiatrist is readily available for consultation by direct
4 communication, radio, telephone, facsimile, telecommunications
5 or via other electronic means.
6 * * *
7 "Physically active person." An individual who participates
8 in organized, individual or team sports, athletic games or
9 recreational sport activity.
10 * * *
11 "Referral." An order from a licensed physician, dentist or
12 podiatrist to a certified athletic trainer for athletic training
13 services. An order may be written or oral, except that an oral
14 order must be reduced to writing within 72 hours of issuance.
15 * * *
16 "Written protocol." A written agreement developed in
17 conjunction with one or more supervising physicians which
18 identifies and is signed by the supervising physician and the
19 certified athletic trainer. It describes the manner and
20 frequency in which the certified athletic trainer regularly
21 communicates with the supervising physician. It includes
22 standard operating procedures, developed in agreement with the
23 supervising physician and certified athletic trainer, that the
24 certified athletic trainer follows when not directly supervised
25 on-site by the supervising physician.
26 Section 2. Section 3(a) of the act, amended July 2, 1993
27 (P.L.424, No.60), is amended to read:
28 Section 3. State Board of Medicine.
29 (a) Establishment.--The State Board of Medicine shall
30 consist of the commissioner or his designee, the Secretary of
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1 Health or his designee, two members appointed by the Governor
2 who shall be persons representing the public at large and seven
3 members appointed by the Governor, six of whom shall be medical
4 doctors with unrestricted licenses to practice medicine and
5 surgery in this Commonwealth for five years immediately
6 preceding their appointment and one who shall be a nurse
7 midwife, physician assistant, certified registered nurse
8 practitioner [or], respiratory care practitioner or certified
9 athletic trainer licensed or certified under the laws of this
10 Commonwealth. All professional and public members of the board
11 shall be appointed by the Governor, with the advice and consent
12 of a majority of the members elected to the Senate.
13 * * *
14 Section 3. The act is amended by adding a section to read:
15 Section 51.1. Athletic trainers.
16 (a) General rule.--An athletic trainer certified by the
17 board may, under the direction of a physician, podiatrist or
18 dentist, provide athletic training services to a physically
19 active person under the care of a physician, dentist or
20 podiatrist. An athletic trainer certified under this section
21 shall refer a physically active person with conditions outside
22 the scope of athletic training services to a physician, dentist
23 or podiatrist.
24 (b) Temporary certifications.--Any athletic trainer who
25 holds a valid certificate issued by the State Board of Physical
26 Therapy under the act of October 10, 1975 (P.L.383, No.110),
27 known as the Physical Therapy Practice Act, relating to the
28 practice of athletic training, prior to the effective date of
29 this act shall, on and after the effective date hereof, be
30 deemed to be certified by the State Board of Medicine or State
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1 Board of Osteopathic Medicine as provided for in this act.
2 (c) Certification, title and limitation on practice.--An
3 athletic trainer who meets the requirements of this section
4 shall be certified, may use the title "athletic trainer" or the
5 abbreviation for the title, "A.T.C.," and may perform athletic
6 training services. A person who is not certified under this
7 section may not use the designation of certified athletic
8 trainer, athletic trainer, or any of the listed abbreviations
9 for that title, including "C.A.T.," or "A.T.C.," or any similar
10 designation. This section shall not prohibit any person trained
11 and licensed or certified under any other law from engaging in
12 the licensed or certified practice in which the person is
13 trained.
14 (d) Regulations.--The State Board of Medicine and the State
15 Board of Osteopathic Medicine shall jointly promulgate
16 regulations which:
17 (1) establish approved education and training programs
18 for certification; and
19 (2) define the circumstances and protocol under which a
20 certified athletic trainer may perform athletic training
21 services.
22 Until such regulations are promulgated by the State Board of
23 Medicine and the State Board of Osteopathic Medicine, the
24 athletic trainer shall be regulated by the regulations, duly
25 promulgated by the State Board of Physical Therapy prior to the
26 enactment of this amendatory act governing the activities of
27 certified athletic trainers, which are not inconsistent with
28 this act.
29 (e) Doctors of Osteopathic Medicine.--Notwithstanding any
30 provision of the act of October 5, 1978 (P.L.1109, No.261),
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1 known as the Osteopathic Medical Practice Act, to the contrary,
2 doctors of osteopathic medicine may supervise and direct the
3 activities of athletic trainers to the same extent as physicians
4 regulated by this act.
5 (f) Jurisdiction.--The State Board of Medicine shall be
6 responsible for the certification of athletic trainers.
7 Jurisdiction will be determined by the type of physician who
8 supervises and directs the certified athletic trainer. Certified
9 athletic trainers supervised by physicians regulated by the
10 Medical Practice Act of 1985 shall fall within the jurisdiction
11 of the State Board of Medicine.
12 Section 4. The practice of athletic training shall not
13 include the practice of physical therapy as defined by the act
14 of October 10, 1975 (P.L.383, No.110), known as the Physical
15 Therapy Practice Act, however, that exclusion shall not operate
16 to prohibit the rendering of athletic training services as
17 defined in the act.
18 Section 5. The following acts and parts of acts are repealed
19 insofar as they are inconsistent with this act:
20 The act of October 10, 1975 (P.L.383, No.110), known as the
21 Physical Therapy Practice Act.
22 The act of October 5, 1978 (P.L.1109, No.261), known as the
23 Osteopathic Medical Practice Act.
24 Section 6. This act shall take effect in 60 days.
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