HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TOMLINSON, ARGALL, ALLOWAY, M. WHITE, FARNESE, BOSCOLA AND FERLO, MAY 3, 2011

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 2011   

AN ACT

Amending the act of December 20, 1985 (P.L.457, No.112),

entitled "An act relating to the right to practice medicine

and surgery and the right to practice medically related acts;

reestablishing the State Board of Medical Education and

Licensure as the State Board of Medicine and providing for

its composition, powers and duties; providing for the

issuance of licenses and certificates and the suspension and

revocation of licenses and certificates; providing penalties;

and making repeals," further providing for definitions, for

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the State Board of Medicine and for athletic trainers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "athletic training services,"

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"certified athletic trainer," "direction," "referral" and

"written protocol" in section 2 of the act of December 20, 1985

(P.L.457, No.112), known as the Medical Practice Act of 1985,

added December 10, 2001 (P.L.859, No.92), are amended and the

section is amended by adding a definition to read:

Section 1.  The definitions of "athletic training services,"

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"board regulated practitioner," "certified athletic trainer,"

"direction," "referral" and "written protocol" in section 2 of

the act of December 20, 1985 (P.L.457, No.112), known as the

Medical Practice Act of 1985, amended or added December 10, 2001

(P.L.859, No.92) and July 4, 2008 (P.L.580, No.45), are amended

and the section is amended by adding a definition to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Athletic training services."  The management and provision

of care of injuries to a physically active person as defined in

this act with the direction of a licensed physician. The term

includes the rendering of emergency care, development of injury

prevention programs and providing appropriate preventative and

supporting devices for the physically active person. The term

also includes the assessment, management, treatment,

rehabilitation and reconditioning of the physically active

person whose conditions are within the professional preparation

and education of a [certified] licensed athletic trainer. The

term also includes the use of modalities such as mechanical

stimulation, heat, cold, light, air, water, electricity, sound,

massage and the use of therapeutic exercises, reconditioning

exercise and fitness programs. Athletic training services shall

not include surgery, invasive procedures or prescription of any

controlled substance. 

* * *

"Board regulated practitioner."  A medical doctor, midwife,

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physician assistant, respiratory therapist, [certified] licensed 

athletic trainer or drugless therapist or an applicant for a

license or certificate the board may issue.

["Certified athletic trainer."  A person who is certified to

perform athletic training services by the State Board of

Medicine or State Board of Osteopathic Medicine.]

* * *

"Direction."  Supervision over the actions of a [certified] 

licensed athletic trainer via referral by prescription to treat

conditions for a physically active person from a licensed

physician, dentist or podiatrist or written protocol approved by

a supervising physician, dentist or podiatrist, except that the

physical presence of the supervising physician, dentist or

podiatrist is not required if the supervising physician, dentist

or podiatrist is readily available for consultation by direct

communication, radio, telephone, facsimile, telecommunications

or via other electronic means.

* * *

"Licensed athletic trainer."  A person who is licensed to

perform athletic training services by the State Board of

Medicine or the State Board of Osteopathic Medicine.

* * *

"Referral."  An order from a licensed physician, dentist or

podiatrist to a [certified] licensed athletic trainer for

athletic training services. An order may be written or oral,

except that an oral order must be reduced to writing within 72

hours of issuance.

* * *

"Written protocol."  A written agreement developed in

conjunction with one or more supervising physicians which

identifies and is signed by the supervising physician and the

[certified] licensed athletic trainer. It describes the manner

and frequency in which the [certified] licensed athletic trainer

regularly communicates with the supervising physician. It

includes standard operating procedures developed in agreement

with the supervising physician and [certified] licensed athletic

trainer that the [certified] licensed athletic trainer follows

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when not directly supervised on site by the supervising

physician. 

Section 2.  Section 3(a) of the act, amended July 4, 2008

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(P.L.580, No.45), is amended to read:

Section 3.  State Board of Medicine.

(a)  Establishment.--The State Board of Medicine shall

consist of the commissioner or his designee, the Secretary of

Health or his designee, two members appointed by the Governor

who shall be persons representing the public at large and seven

members appointed by the Governor, six of whom shall be medical

doctors with unrestricted licenses to practice medicine and

surgery in this Commonwealth for five years immediately

preceding their appointment and one who shall be a nurse

midwife, physician assistant, certified registered nurse

practitioner, respiratory therapist, [certified] licensed 

athletic trainer or perfusionist licensed or certified under the

laws of this Commonwealth. All professional and public members

of the board shall be appointed by the Governor, with the advice

and consent of a majority of the members elected to the Senate.

Section 2 3.  Section 51.1 of the act, added December 10,

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2001 (P.L.859, No.92), is amended to read:

Section 51.1.  Athletic trainers.

(a)  General rule.--An athletic trainer [certified] licensed 

by the board may, under the direction of a physician, podiatrist

or dentist, provide athletic training services to a physically

active person under the care of a physician, dentist or

podiatrist. An athletic trainer [certified] licensed under this

section shall refer a physically active person with conditions

outside the scope of athletic training services to a physician,

dentist or podiatrist.

[(b)  Temporary certifications.--Any athletic trainer who

holds a valid certificate issued by the State Board of Physical

Therapy under the act of October 10, 1975 (P.L.383, No.110),

known as the Physical Therapy Practice Act, relating to the

practice of athletic training, prior to the effective date of

this act shall, on and after the effective date hereof, be

deemed to be certified by the State Board of Medicine or State

Board of Osteopathic Medicine as provided for in this act.]

(b.1)  Transitional rule.--

(1)  Any athletic trainer who holds a valid certificate

issued by the board or the State Board of Osteopathic

Medicine, relating to the practice of athletic training,

prior to the effective date of this subsection shall, on or

after the effective date of this subsection, be deemed to be

licensed by the board or the State Board of Osteopathic

Medicine as provided in this act.

(2)  Paragraph (1) shall not apply in the case of a

certification that was expired or revoked prior to the

effective date of this subsection.

(c)  [Certification] Licensure, title and limitation on

practice.--An athletic trainer who meets the requirements of

this section shall be [certified] licensed, may use the title

"athletic trainer" or the abbreviation for the title,

["A.T.C.,"] "A.T.L.," and may perform athletic training

services. A person who is not [certified] licensed under this

section may not use the designation of [certified] licensed 

athletic trainer, athletic trainer or any of the listed

abbreviations for that title, including ["C.A.T." or "A.T.C.,"] 

"L.A.T." or "A.T.L.," or any similar designation. This section

shall not prohibit any person trained and licensed or certified

under any other law from engaging in the licensed or certified

practice in which the person is trained.

(d)  Regulations.--The State Board of Medicine and the State

Board of Osteopathic Medicine shall jointly promulgate

regulations which:

(1)  establish approved education and training programs

for [certification] licensure; and

(2)  define the circumstances and protocol under which a

[certified] licensed athletic trainer may perform athletic

training services.

[Until such regulations are promulgated by the State Board of

Medicine and the State Board of Osteopathic Medicine, the

athletic trainer shall be regulated by the regulations, duly

promulgated by the State Board of Physical Therapy prior to the

enactment of this amendatory act governing the activities of

certified athletic trainers, which are not inconsistent with

this act.]

(e)  Doctors of Osteopathic Medicine.--Notwithstanding any

provision of the act of October 5, 1978 (P.L.1109, No.261),

known as the Osteopathic Medical Practice Act, to the contrary,

doctors of osteopathic medicine may supervise and direct the

activities of athletic trainers to the same extent as physicians

regulated by this act.

(f)  Jurisdiction.--The State Board of Medicine shall be

responsible for the [certification] licensure of athletic

trainers. Jurisdiction will be determined by the type of

physician who supervises and directs the [certified] licensed 

athletic trainer. [Certified] Licensed athletic trainers

supervised by physicians regulated by the Medical Practice Act

of 1985 shall fall within the jurisdiction of the State Board of

Medicine.

Section 3 4.  References to certification or certified

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athletic trainers contained in regulations promulgated under the

act and in effect on the effective date of this section shall be

deemed to be references to licensure or licensed athletic

trainers after the effective date of this section.

Section 4 5.  This act shall take effect in 60 days.

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