THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, MAY 24, 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 and

for athletic trainers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

"certified athletic trainer," "direction," "physically active

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person," "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 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. 

* * *

["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.

* * *

"Physically active person."  An individual designated by a

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physician as physically active, including an individual who

participates in organized, individual or team sports, athletic

games or recreational sport activity or an individual who the

physician believes would benefit from athletic training

services. 

* * *

"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 athletic trainer follows when not

directly supervised on site by the supervising physician. 

Section 2.  Section 51.1 of the act, added December 10, 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] licenses.--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] licensed by the State Board of Medicine

or State Board of Osteopathic Medicine as provided for in this

act. 

(b.1)  Applicability.--Subsection (b) shall not apply in the

case of a certification that has expired or been 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.  This act shall take effect in 60 days.