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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, ARGALL, ALLOWAY, M. WHITE, FARNESE AND BOSCOLA, MAY 3, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MAY 3, 2011 |
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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, for State Board |
6 | of Osteopathic Medicine, for athletic trainers and for |
7 | reasons for refusal, revocation or suspension of license. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. The definitions of "athletic training services," |
11 | "board-regulated practitioner," "certified athletic trainer," |
12 | "direction," "physically active person," "referral" and "written |
13 | protocol" in section 2 of the act of October 5, 1978 (P.L.1109, |
14 | No.261), known as the Osteopathic Medical Practice Act, amended |
15 | or added December 10, 2001 (P.L.863, No.93) and July 4, 2008 |
16 | (P.L.589, No.46), are amended and the section is amended by |
17 | adding a definition to read: |
18 | Section 2. Definitions. |
19 | The following words and phrases when used in this act shall |
20 | have, unless the context clearly indicates otherwise, the |
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1 | meanings given to them in this section: |
2 | * * * |
3 | "Athletic training services." The management and provision |
4 | of care of injuries to a physically active person as defined in |
5 | this act with the direction of a licensed physician. The term |
6 | includes the rendering of emergency care, development of injury |
7 | prevention programs and providing appropriate preventative and |
8 | supporting devices for the physically active person. The term |
9 | also includes the assessment, management, treatment, |
10 | rehabilitation and reconditioning of the physically active |
11 | person whose conditions are within the professional preparation |
12 | and education of a [certified] licensed athletic trainer. The |
13 | term also includes the use of modalities such as mechanical |
14 | stimulation, heat, cold, light, air, water, electricity, sound, |
15 | massage and the use of therapeutic exercises, reconditioning |
16 | exercise and fitness programs. Athletic training services shall |
17 | not include surgery, invasive procedures or prescription of any |
18 | controlled substance. |
19 | * * * |
20 | "Board-regulated practitioner." An osteopathic physician, |
21 | physician assistant, respiratory therapist or [certified] |
22 | licensed athletic trainer or an applicant for a license or |
23 | certificate issued by the board. |
24 | * * * |
25 | ["Certified athletic trainer." A person who is certified to |
26 | perform athletic training services by the State Board of |
27 | Medicine or the State Board of Osteopathic Medicine.] |
28 | * * * |
29 | "Direction." Supervision over the actions of a [certified] |
30 | licensed athletic trainer via referral by prescription to treat |
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1 | conditions for a physically active person from a licensed |
2 | physician, dentist or podiatrist or written protocol approved by |
3 | a supervising physician, dentist or podiatrist, except that the |
4 | physical presence of the supervising physician, dentist or |
5 | podiatrist is not required if the supervising physician, dentist |
6 | or podiatrist is readily available for consultation by direct |
7 | communication, radio, telephone, facsimile, telecommunications |
8 | or via other electronic means. |
9 | * * * |
10 | "Licensed athletic trainer." A person who is licensed to |
11 | perform athletic training services by the State Board of |
12 | Medicine or the State Board of Osteopathic Medicine. |
13 | * * * |
14 | "Physically active person." An individual designated by a |
15 | physician as physically active, including an individual who |
16 | participates in organized, individual or team sports, athletic |
17 | games or recreational sport activity or an individual who the |
18 | physician believes would benefit from athletic training |
19 | services. |
20 | * * * |
21 | "Referral." An order from a licensed physician, dentist or |
22 | podiatrist to a [certified] licensed athletic trainer for |
23 | athletic training services. An order may be written or oral, |
24 | except that an oral order must be reduced to writing within 72 |
25 | hours of issuance. |
26 | * * * |
27 | "Written protocol." A written agreement developed in |
28 | conjunction with one or more supervising physicians which |
29 | identifies and is signed by the supervising physician and the |
30 | [certified] licensed athletic trainer. It describes the manner |
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1 | and frequency in which the [certified] licensed athletic trainer |
2 | regularly communicates with the supervising physician. It |
3 | includes standard operating procedures developed in agreement |
4 | with the supervising physician and [certified] licensed athletic |
5 | trainer that the [certified] licensed athletic trainer follows |
6 | when not directly supervised on site by the supervising |
7 | physician. |
8 | Section 2. Section 2.1(a) of the act, amended July 4, 2008 |
9 | (P.L.589, No.46), is amended to read: |
10 | Section 2.1. State Board of Osteopathic Medicine. |
11 | (a) The State Board of Osteopathic Medicine shall consist of |
12 | the Commissioner of Professional and Occupational Affairs or his |
13 | designee; the Secretary of Health or his designee; two members |
14 | appointed by the Governor who shall be persons representing the |
15 | public at large; one member appointed by the Governor who shall |
16 | be a respiratory therapist, a perfusionist, a physician |
17 | assistant or a [certified] licensed athletic trainer; and six |
18 | members appointed by the Governor who shall be graduates of a |
19 | legally incorporated and reputable college of osteopathic |
20 | medicine and shall have been licensed to practice osteopathic |
21 | medicine under the laws of this Commonwealth and shall have been |
22 | engaged in the practice of osteopathy in this Commonwealth for a |
23 | period of at least five years. All professional and public |
24 | members of the board shall be appointed by the Governor with the |
25 | advice and consent of a majority of the members elected to the |
26 | Senate. The Governor shall assure that respiratory therapists, |
27 | perfusionists, physician assistants and [certified] licensed |
28 | athletic trainers are appointed to four-year terms on a rotating |
29 | basis. |
30 | Section 3. Section 7.1 of the act, added December 10, 2001 |
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1 | (P.L.863, No.93), is amended to read: |
2 | Section 7.1. Athletic trainers. |
3 | (a) An athletic trainer [certified] licensed by the board |
4 | may, under the direction of a physician, podiatrist or dentist, |
5 | provide athletic training services to a physically active person |
6 | under the care of a physician, dentist or podiatrist. An |
7 | athletic trainer [certified] licensed under this section shall |
8 | refer a physically active person with conditions outside the |
9 | scope of athletic training services to a physician, dentist or |
10 | podiatrist. |
11 | (b) Any athletic trainer who holds a valid certificate |
12 | issued by the State Board of Physical Therapy under the act of |
13 | October 10, 1975 (P.L.383, No.110), known as the "Physical |
14 | Therapy Practice Act," relating to the practice of athletic |
15 | training, prior to the effective date of this act shall, on and |
16 | after the effective date hereof, be deemed to be [certified] |
17 | licensed by the State Board of Medicine or State Board of |
18 | Osteopathic Medicine as provided for in this act. |
19 | (c) An athletic trainer who meets the requirements of this |
20 | section shall be certified, may use the title "athletic trainer" |
21 | or the abbreviation for the title, ["A.T.C.,"] "A.T.L.," and |
22 | may perform athletic training services. A person who is not |
23 | [certified] licensed under this section may not use the |
24 | designation of [certified] licensed athletic trainer, athletic |
25 | trainer or any of the listed abbreviations for that title, |
26 | including ["C.A.T." or "A.T.C.,"] "L.A.T." or "A.T.L.," or any |
27 | similar designation. This section shall not prohibit any person |
28 | trained and licensed or certified under any other law from |
29 | engaging in the licensed or certified practice in which the |
30 | person is trained. |
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1 | (d) The State Board of Osteopathic Medicine and the State |
2 | Board of Medicine shall jointly promulgate regulations which: |
3 | (1) establish approved education and training programs |
4 | for [certification] licensure; and |
5 | (2) define the circumstances and protocol under which a |
6 | [certified] licensed athletic trainer may perform athletic |
7 | training services. |
8 | [Until such regulations are promulgated by the State Board of |
9 | Osteopathic Medicine and the State Board of Medicine, the |
10 | athletic trainer shall be regulated by the regulations, duly |
11 | promulgated by the State Board of Physical Therapy prior to the |
12 | enactment of this amendatory act governing the activities of |
13 | certified athletic trainers, which are not inconsistent with |
14 | this act.] |
15 | (e) Notwithstanding any provision of this act to the |
16 | contrary, doctors of medicine may supervise and direct the |
17 | activities of athletic trainers to the same extent as physicians |
18 | regulated by this act. |
19 | (f) The State Board of Osteopathic Medicine shall be |
20 | responsible for the [certification] licensure of athletic |
21 | trainers. Jurisdiction will be determined by the type of |
22 | physician who supervises and directs the [certified] licensed |
23 | athletic trainer. [Certified] Licensed athletic trainers |
24 | supervised by a doctor of osteopathy shall fall within the |
25 | jurisdiction of the State Board of Osteopathic Medicine. |
26 | Section 4. Section 15(b) of the act, amended July 4, 2008 |
27 | (P.L.589, No.46), is amended to read: |
28 | Section 15. Reasons for refusal, revocation or suspension of |
29 | license. |
30 | * * * |
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1 | (b) The board shall have authority to refuse, revoke or |
2 | suspend the license of a physician assistant [or], respiratory |
3 | therapist, or [the certification of a certified] athletic |
4 | trainer for any or all of the following reasons: |
5 | (1) Failing to demonstrate the qualification for |
6 | licensure or certification contained in this act or |
7 | regulations of the board. |
8 | (2) Making misleading, deceptive, untrue or fraudulent |
9 | representations in his serving as a physician assistant; |
10 | practicing fraud or deceit in obtaining a license to serve as |
11 | a physician assistant; or making a false or deceptive |
12 | biennial registration with the board. |
13 | (3) Conviction of a felony in this Commonwealth or any |
14 | other state, territory or country. Conviction as used in this |
15 | paragraph shall include a finding or verdict of guilt, an |
16 | admission of guilt or a plea of nolo contendere, or receiving |
17 | probation without verdict, disposition in lieu of trial, or |
18 | an Accelerated Rehabilitative Disposition in the disposition |
19 | of felony charges. |
20 | (4) Having his license to serve as a physician assistant |
21 | revoked or suspended or having other disciplinary action |
22 | taken, or his application for licensure refused, revoked or |
23 | suspended by the proper certifying authority of another |
24 | state, territory or country. |
25 | (5) Being unable to serve as a physician assistant with |
26 | reasonable skill and safety to the physician's patients by |
27 | reason of illness, drunkenness, excessive use of drugs, |
28 | narcotics, chemicals, or any other type of material, or as a |
29 | result of any mental or physical condition. |
30 | (6) In enforcing paragraph (5), the board shall, upon |
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1 | probable cause, have authority to compel a physician |
2 | assistant to submit to a mental or physical examination by |
3 | physicians designated by it. Failure of a physician assistant |
4 | to submit to such examination shall constitute an admission |
5 | of the allegations against him unless the failure is due to |
6 | circumstances beyond his control, consequent upon which a |
7 | default and final order may be entered without the taking of |
8 | testimony or presentation of evidence. A physician assistant |
9 | affected under this paragraph shall at reasonable intervals |
10 | be afforded an opportunity to demonstrate that he can resume |
11 | the competent assistance of a physician in the physician's |
12 | practice of medicine, with reasonable skill and safety to the |
13 | physician's patients. |
14 | (7) Violating a lawful regulation promulgated by the |
15 | board or violating a lawful order of the board, previously |
16 | entered by the board in a disciplinary proceeding. |
17 | (8) Knowingly rendering medical care and services except |
18 | under the supervision and direction of the supervising |
19 | physician. |
20 | (9) Being guilty of immoral or unprofessional conduct |
21 | shall include any departure from, or the failure to conform |
22 | to, the standards of acceptable and prevailing practice for |
23 | physician assistants, in which proceeding actual injury to a |
24 | patient need not be established. |
25 | * * * |
26 | Section 5. References in the current regulations to |
27 | certification or certified athletic trainers shall be deemed to |
28 | be references to licensure of athletic trainers or licensed |
29 | athletic trainers after the effective date of this act. |
30 | Section 6. This act shall take effect in 60 days. |
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