PRINTER'S NO. 384
No. 371 Session of 2001
INTRODUCED BY TOMLINSON, THOMPSON, WAGNER, STOUT, CONTI,
JUBELIRER, MADIGAN, MELLOW, M. WHITE, GERLACH, BOSCOLA, BELL,
DENT, RHOADES AND FUMO, FEBRUARY 7, 2001
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 7, 2001
AN ACT
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," providing for certification of athletic trainers by
6 the State Board of Osteopathic Medicine; and making repeals.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "board" in section 2 of the act
10 of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic
11 Medical Practice Act, is amended and the section is amended by
12 adding definitions to read:
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section:
17 * * *
18 "Athletic training services." The management and provision
19 of care of injuries to a physically active person as defined in
1 this act with the direction of a licensed physician. The term
2 includes the rendering of emergency care, development of injury
3 prevention programs and providing appropriate preventative and
4 supporting devices for the physically active person. The term
5 also includes the assessment, management, treatment,
6 rehabilitation and reconditioning of the physically active
7 person whose conditions are within the professional preparation
8 and education of a certified athletic trainer. The term also
9 includes the use of modalities such as: mechanical stimulation,
10 heat, cold, light, air, water, electricity, sound, massage, and
11 the use of therapeutic exercises, reconditioning exercise and
12 fitness programs. Athletic training services shall not include
13 surgery, invasive procedures or prescription of any controlled
14 substance.
15 "Board." The State Board of Osteopathic [Medical Examiners]
16 Medicine in the Department of State. Any reference in any
17 statute or rule to the State Board of Osteopathic Examiners
18 shall, on and after the effective date of this act, be construed
19 to be a reference to the State Board of Osteopathic [Medical
20 Examiners] Medicine.
21 "Board-regulated practitioner." An osteopathic physician,
22 physician assistant, [or] respiratory care practitioner or
23 certified athletic trainer or an applicant for a license or
24 certificate issued by the board.
25 * * *
26 "Certified athletic trainer." A person who is certified to
27 perform athletic training services by the State Board of
28 Medicine or the State Board of Osteopathic Medicine.
29 * * *
30 "Direction." Supervision over the actions of a certified
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1 athletic trainer via referral by prescription to treat
2 conditions for a physically active person from a licensed
3 physician, dentist or podiatrist or written protocol approved by
4 a supervising physician, dentist or podiatrist, except that the
5 physical presence of the supervising physician, dentist or
6 podiatrist is not required if the supervising physician, dentist
7 or podiatrist is readily available for consultation by direct
8 communication, radio, telephone, facsimile, telecommunications
9 or via other electronic means.
10 * * *
11 "Physically active person." An individual who participates
12 in organized, individual or team sports, athletic games or
13 recreational sport activity.
14 * * *
15 "Referral." An order from a licensed physician, dentist or
16 podiatrist to a certified athletic trainer for athletic training
17 services. An order may be written or oral, except that an oral
18 order must be reduced to writing within 72 hours of issuance.
19 * * *
20 "Written protocol." A written agreement developed in
21 conjunction with one or more supervising physicians which
22 identifies and is signed by the supervising physician and the
23 certified athletic trainer. It describes the manner and
24 frequency in which the certified athletic trainer regularly
25 communicates with the supervising physician. It includes
26 standard operating procedures, developed in agreement with the
27 supervising physician and certified athletic trainer, that the
28 certified athletic trainer follows when not directly supervised
29 on-site by the supervising physician.
30 Section 2. Section 2.1(a) of the act, amended July 2, 1993
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1 (P.L.418, No.59), is amended to read:
2 Section 2.1. State Board of Osteopathic Medicine.
3 (a) The State Board of Osteopathic Medicine shall consist of
4 the Commissioner of Professional and Occupational Affairs or his
5 designee; the Secretary of Health or his designee; two members
6 appointed by the Governor who shall be persons representing the
7 public at large; one member appointed by the Governor who shall
8 be [either] a respiratory care practitioner [or], a physician
9 assistant or a certified athletic trainer; one member shall be a
10 certified athletic trainer; and six members appointed by the
11 Governor who shall be graduates of a legally incorporated and
12 reputable college of osteopathy and shall have been licensed to
13 practice osteopathic medicine under the laws of this
14 Commonwealth and shall have been engaged in the practice of
15 osteopathy in this Commonwealth for a period of at least five
16 years. All professional and public members of the board shall be
17 appointed by the Governor with the advice and consent of a
18 majority of the members elected to the Senate. The Governor
19 shall assure that respiratory care practitioners [and],
20 physician assistants and certified athletic trainers are
21 appointed to four-year terms on a rotating basis so that of
22 every [two] three appointments to a four-year term one is a
23 physician assistant [and], one is a respiratory care
24 practitioner and one is a certified athletic trainer.
25 * * *
26 Section 3. The act is amended by adding a section to read:
27 Section 7.1. Athletic trainers.
28 (a) An athletic trainer certified by the board may, under
29 the direction of a physician, podiatrist or dentist, provide
30 athletic training services to a physically active person under
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1 the care of a physician, dentist or podiatrist. An athletic
2 trainer certified under this section shall refer a physically
3 active person with conditions outside the scope of athletic
4 training services to a physician, dentist or podiatrist.
5 (b) Any athletic trainer who holds a valid certificate
6 issued by the State Board of Physical Therapy under the act of
7 October 10, 1975 (P.L.383, No.110), known as the "Physical
8 Therapy Practice Act," relating to the practice of athletic
9 training, prior to the effective date of this act shall, on and
10 after the effective date hereof, be deemed to be certified by
11 the State Board of Medicine or State Board of Osteopathic
12 Medicine as provided for in this act.
13 (c) An athletic trainer who meets the requirements of this
14 section shall be certified, may use the title "athletic trainer"
15 or the abbreviation for the title, "A.T.C.," and may perform
16 athletic training services. A person who is not certified under
17 this section may not use the designation of certified athletic
18 trainer, athletic trainer, or any of the listed abbreviations
19 for that title, including "C.A.T.," or "A.T.C.," or any similar
20 designation. This section shall not prohibit any person trained
21 and licensed or certified under any other law from engaging in
22 the licensed or certified practice in which the person is
23 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.
8 (e) Notwithstanding any provision of this act to the
9 contrary, doctors of medicine may supervise and direct the
10 activities of athletic trainers to the same extent as physicians
11 regulated by this act.
12 (f) The State Board of Osteopathic Medicine shall be
13 responsible for the certification of athletic trainers.
14 Jurisdiction will be determined by the type of physician who
15 supervises and directs the certified athletic trainer. Certified
16 athletic trainers supervised by a doctor of osteopathy shall
17 fall within the jurisdiction of the State Board of Osteopathic
18 Medicine.
19 Section 4. Section 15(b) of the act, amended December 20,
20 1985 (P.L.398, No.108), is amended to read:
21 Section 15. Reasons for refusal, revocation or suspension of
22 license.
23 * * *
24 (b) The board shall have authority to refuse, revoke or
25 suspend the certification of a physician assistant, respiratory
26 care practitioner or certified athletic trainer for any or all
27 of the following reasons:
28 (1) Failing to demonstrate the qualification for
29 certification contained in this act or regulations of the
30 board.
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1 (2) Making misleading, deceptive, untrue or fraudulent
2 representations in his serving as a physician assistant;
3 practicing fraud or deceit in obtaining a certification to
4 serve as a physician assistant; or making a false or
5 deceptive biennial registration with the board.
6 (3) Conviction of a felony in this Commonwealth or any
7 other state, territory or country. Conviction as used in this
8 paragraph shall include a finding or verdict of guilt, an
9 admission of guilt or a plea of nolo contendere, or receiving
10 probation without verdict, disposition in lieu of trial, or
11 an Accelerated Rehabilitative Disposition in the disposition
12 of felony charges.
13 (4) Having his certification to serve as a physician
14 assistant revoked or suspended or having other disciplinary
15 action taken, or his application for certification refused,
16 revoked or suspended by the proper certifying authority of
17 another state, territory or country.
18 (5) Being unable to serve as a physician assistant with
19 reasonable skill and safety to the physician's patients by
20 reason of illness, drunkenness, excessive use of drugs,
21 narcotics, chemicals, or any other type of material, or as a
22 result of any mental or physical condition.
23 (6) In enforcing paragraph (5), the board shall, upon
24 probable cause, have authority to compel a physician
25 assistant to submit to a mental or physical examination by
26 physicians designated by it. Failure of a physician assistant
27 to submit to such examination shall constitute an admission
28 of the allegations against him unless the failure is due to
29 circumstances beyond his control, consequent upon which a
30 default and final order may be entered without the taking of
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1 testimony or presentation of evidence. A physician assistant
2 affected under this paragraph shall at reasonable intervals
3 be afforded an opportunity to demonstrate that he can resume
4 the competent assistance of a physician in the physician's
5 practice of medicine, with reasonable skill and safety to the
6 physician's patients.
7 (7) Violating a lawful regulation promulgated by the
8 board or violating a lawful order of the board, previously
9 entered by the board in a disciplinary proceeding.
10 (8) Knowingly rendering medical care and services except
11 under the supervision and direction of the supervising
12 physician.
13 (9) Being guilty of immoral or unprofessional conduct
14 shall include any departure from, or the failure to conform
15 to, the standards of acceptable and prevailing practice for
16 physician assistants, in which proceeding actual injury to a
17 patient need not be established.
18 * * *
19 Section 5. The practice of athletic training shall not
20 include the practice of physical therapy as defined by the act
21 of October 10, 1975 (P.L.383, No.110), known as the Physical
22 Therapy Practice Act, however, that exclusion shall not operate
23 to prohibit the rendering of athletic services as defined in the
24 act.
25 Section 6. The following acts and parts of acts are repealed
26 insofar as they are inconsistent with this act:
27 The act of October 10, 1975 (P.L.383, No.110), known as the
28 Physical Therapy Practice Act.
29 The act of December 20, 1985 (P.L.457, No.112), known as the
30 Medical Practice Act of 1985.
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1 Section 7. This act shall take effect in 60 days.
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