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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 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," further providing for definitions and |
10 | for athletic trainers. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. The definitions of "athletic training services," |
14 | "certified athletic trainer," "direction," "physically active |
15 | person," "referral" and "written protocol" in section 2 of the |
16 | act of December 20, 1985 (P.L.457, No.112), known as the Medical |
17 | Practice Act of 1985, added December 10, 2001 (P.L.859, No.92), |
18 | are amended and the section is amended by adding a definition to |
19 | read: |
20 | Section 2. Definitions. |
21 | The following words and phrases when used in this act shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Athletic training services." The management and provision |
5 | of care of injuries to a physically active person as defined in |
6 | this act with the direction of a licensed physician. The term |
7 | includes the rendering of emergency care, development of injury |
8 | prevention programs and providing appropriate preventative and |
9 | supporting devices for the physically active person. The term |
10 | also includes the assessment, management, treatment, |
11 | rehabilitation and reconditioning of the physically active |
12 | person whose conditions are within the professional preparation |
13 | and education of a [certified] licensed athletic trainer. The |
14 | term also includes the use of modalities such as mechanical |
15 | stimulation, heat, cold, light, air, water, electricity, sound, |
16 | massage and the use of therapeutic exercises, reconditioning |
17 | exercise and fitness programs. Athletic training services shall |
18 | not include surgery, invasive procedures or prescription of any |
19 | controlled substance. |
20 | * * * |
21 | ["Certified athletic trainer." A person who is certified to |
22 | perform athletic training services by the State Board of |
23 | Medicine or State Board of Osteopathic Medicine.] |
24 | * * * |
25 | "Direction." Supervision over the actions of a [certified] |
26 | licensed athletic trainer via referral by prescription to treat |
27 | conditions for a physically active person from a licensed |
28 | physician, dentist or podiatrist or written protocol approved by |
29 | a supervising physician, dentist or podiatrist, except that the |
30 | physical presence of the supervising physician, dentist or |
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1 | podiatrist is not required if the supervising physician, dentist |
2 | or podiatrist is readily available for consultation by direct |
3 | communication, radio, telephone, facsimile, telecommunications |
4 | or via other electronic means. |
5 | * * * |
6 | "Licensed athletic trainer." A person who is licensed to |
7 | perform athletic training services by the State Board of |
8 | Medicine or the State Board of Osteopathic Medicine. |
9 | * * * |
10 | "Physically active person." An individual designated by a |
11 | physician as physically active, including an individual who |
12 | participates in organized, individual or team sports, athletic |
13 | games or recreational sport activity or an individual who the |
14 | physician believes would benefit from athletic training |
15 | services. |
16 | * * * |
17 | "Referral." An order from a licensed physician, dentist or |
18 | podiatrist to a [certified] licensed athletic trainer for |
19 | athletic training services. An order may be written or oral, |
20 | except that an oral order must be reduced to writing within 72 |
21 | hours of issuance. |
22 | * * * |
23 | "Written protocol." A written agreement developed in |
24 | conjunction with one or more supervising physicians which |
25 | identifies and is signed by the supervising physician and the |
26 | [certified] licensed athletic trainer. It describes the manner |
27 | and frequency in which the [certified] licensed athletic trainer |
28 | regularly communicates with the supervising physician. It |
29 | includes standard operating procedures developed in agreement |
30 | with the supervising physician and [certified] licensed athletic |
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1 | trainer that the certified athletic trainer follows when not |
2 | directly supervised on site by the supervising physician. |
3 | Section 2. Section 51.1 of the act, added December 10, 2001 |
4 | (P.L.859, No.92), is amended to read: |
5 | Section 51.1. Athletic trainers. |
6 | (a) General rule.--An athletic trainer [certified] licensed |
7 | by the board may, under the direction of a physician, podiatrist |
8 | or dentist, provide athletic training services to a physically |
9 | active person under the care of a physician, dentist or |
10 | podiatrist. An athletic trainer [certified] licensed under this |
11 | section shall refer a physically active person with conditions |
12 | outside the scope of athletic training services to a physician, |
13 | dentist or podiatrist. |
14 | (b) Temporary [certifications] licenses.--Any athletic |
15 | trainer who holds a valid certificate issued by the State Board |
16 | of Physical Therapy under the act of October 10, 1975 (P.L.383, |
17 | No.110), known as the Physical Therapy Practice Act, relating to |
18 | the practice of athletic training, prior to the effective date |
19 | of this act shall, on and after the effective date hereof, be |
20 | deemed to be [certified] licensed by the State Board of Medicine |
21 | or State Board of Osteopathic Medicine as provided for in this |
22 | act. |
23 | (b.1) Applicability.--Subsection (b) shall not apply in the |
24 | case of a certification that has expired or been revoked prior |
25 | to the effective date of this subsection. |
26 | (c) [Certification] Licensure, title and limitation on |
27 | practice.--An athletic trainer who meets the requirements of |
28 | this section shall be [certified] licensed, may use the title |
29 | "athletic trainer" or the abbreviation for the title, |
30 | ["A.T.C.,"] "A.T.L.," and may perform athletic training |
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1 | services. A person who is not [certified] licensed under this |
2 | section may not use the designation of [certified] licensed |
3 | athletic trainer, athletic trainer or any of the listed |
4 | abbreviations for that title, including ["C.A.T." or "A.T.C.,"] |
5 | "L.A.T." or "A.T.L.," or any similar designation. This section |
6 | shall not prohibit any person trained and licensed or certified |
7 | under any other law from engaging in the licensed or certified |
8 | practice in which the person is trained. |
9 | (d) Regulations.--The State Board of Medicine and the State |
10 | Board of Osteopathic Medicine shall jointly promulgate |
11 | regulations which: |
12 | (1) establish approved education and training programs |
13 | for [certification] licensure; and |
14 | (2) define the circumstances and protocol under which a |
15 | [certified] licensed athletic trainer may perform athletic |
16 | training services. |
17 | [Until such regulations are promulgated by the State Board of |
18 | Medicine and the State Board of Osteopathic Medicine, the |
19 | athletic trainer shall be regulated by the regulations, duly |
20 | promulgated by the State Board of Physical Therapy prior to the |
21 | enactment of this amendatory act governing the activities of |
22 | certified athletic trainers, which are not inconsistent with |
23 | this act.] |
24 | (e) Doctors of Osteopathic Medicine.--Notwithstanding any |
25 | provision of the act of October 5, 1978 (P.L.1109, No.261), |
26 | known as the Osteopathic Medical Practice Act, to the contrary, |
27 | doctors of osteopathic medicine may supervise and direct the |
28 | activities of athletic trainers to the same extent as physicians |
29 | regulated by this act. |
30 | (f) Jurisdiction.--The State Board of Medicine shall be |
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1 | responsible for the [certification] licensure of athletic |
2 | trainers. Jurisdiction will be determined by the type of |
3 | physician who supervises and directs the [certified] licensed |
4 | athletic trainer. [Certified] Licensed athletic trainers |
5 | supervised by physicians regulated by the Medical Practice Act |
6 | of 1985 shall fall within the jurisdiction of the State Board of |
7 | Medicine. |
8 | Section 3. This act shall take effect in 60 days. |
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