Regular Session 2021-2022 Senate Bill 1161 P.N. 1813

PRIOR PRINTER'S NO. 1541

PRINTER'S NO. 1813

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1161

Session of

2022

INTRODUCED BY BAKER, MUTH, FONTANA, SCHWANK, COLLETT, STEFANO,

LAUGHLIN, COSTA AND PHILLIPS-HILL, APRIL 4, 2022

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL

LICENSURE, AS AMENDED, JUNE 22, 2022

AN ACT

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

"An act requiring the licensing of practitioners of

osteopathic medicine and surgery; regulating their practice;

providing for certain funds and penalties for violations and

repeals," further providing for definitions and for athletic

trainers; and abrogating a regulation.

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; PROVIDED PENALTIES;

AND MAKING REPEALS," FURTHER PROVIDING FOR DEFINITIONS; AND

ABROGATING AN INCONSISTENT REGULATION.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

"direction" and "physically active person" in section 2 of the

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

Osteopathic Medical Practice Act, are amended to read:

Section 2. Definitions.

The following words and phrases when used in this act shall

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have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Athletic training services." The management and provision

of care of injuries to [a physically active person] an

individual 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] individual. The term also includes

the assessment, management, treatment, rehabilitation and

reconditioning of the [physically active person] individual

whose conditions are within the professional preparation and

education of a 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.

* * *

"Direction." Supervision over the actions of a licensed

athletic trainer via referral by prescription to treat

conditions for [a physically active person] an individual 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,

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facsimile, telecommunications or via other electronic means.

* * *

["Physically active person." An individual who participates

in organized, individual or team sports, athletic games or

recreational sport activity.]

* * *

Section 2. Section 7.1(a) of the act is amended to read:

Section 7.1. Athletic trainers.

(a) An athletic trainer licensed by the board may, under the

direction of a physician, podiatrist or dentist, provide

athletic training services to [a physically active person] an

individual under the care of a physician, dentist or podiatrist.

An athletic trainer licensed under this section shall refer [a

physically active person] an individual with conditions outside

the scope of athletic training services to a physician, dentist

or podiatrist.

* * *

Section 3. The provisions of 49 Pa. Code Ch. 25 Subch. M are

abrogated insofar as they are inconsistent with the amendment of

sections 2 and 7.1(a) of the act.

Section 4. This act shall take effect immediately.

SECTION 1. THE DEFINITIONS OF "ATHLETIC TRAINING SERVICES"

AND "PHYSICALLY ACTIVE PERSON" IN SECTION 2 OF THE ACT OF

DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL

PRACTICE ACT OF 1985, ARE AMENDED 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:

* * *

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"ATHLETIC TRAINING SERVICES."

(1) 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 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.

(2) ATHLETIC TRAINING SERVICES SHALL NOT INCLUDE

[SURGERY, INVASIVE PROCEDURES OR PRESCRIPTION OF ANY

CONTROLLED SUBSTANCE] ANY OF THE FOLLOWING:

(I) SURGERY.

(II) PRESCRIPTION OF ANY CONTROLLED SUBSTANCE.

(III) INVASIVE PROCEDURES, EXCEPT AN ATHLETIC

TRAINER LICENSED TO PRACTICE MAY, WITH THE DIRECTION OF A

LICENSED PHYSICIAN, PERFORM THE FOLLOWING INVASIVE

PROCEDURES PURSUANT TO A WRITTEN PROTOCOL :

(A) RECTAL THERMOMETRY.

(B) INTRAMUSCULAR OR SUBCUTANEOUS MEDICATION

ADMINISTRATION INJECTIONS.

LIFE SUPPORT PROTOCOLS AND INSTRUMENTS.

(D) CAPILLARY FINGER STICKS FOR THE PURPOSE OF

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TESTING BLOOD GLUCOSE LEVELS.

(E) NASAL PLUGS.

(F) BLISTER AND NAIL CARE.

(G) ADMINISTRATION OF NALOXONE.

(H) REMOVAL OF SUPERFICIAL FOREIGN BODIES.

(I) ANY OTHER PROCEDURES AUTHORIZED BY THE

BOARD.

(3) NOTHING IN THIS DEFINITION SHALL BE CONSTRUED TO

REQUIRE A LICENSED PHYSICIAN TO AUTHORIZE A LICENSED ATHLETIC

TRAINER TO PERFORM INVASIVE PROCEDURES.

* * *

"PHYSICALLY ACTIVE PERSON." AN INDIVIDUAL WHO [PARTICIPATES

IN ORGANIZED, INDIVIDUAL OR TEAM SPORTS, ATHLETIC GAMES OR

RECREATIONAL SPORT ACTIVITY.] ENGAGES IN AN ACTIVITY THAT MAY BE

ASSOCIATED WITH ANY INJURY, DISORDER OR MEDICAL CONDITION WHICH

REQUIRES A LEVEL OF STRENGTH, ENDURANCE, FLEXIBILITY, RANGE OF

MOTION, SPEED OR AGILITY OR COULD RESULT FROM EXERCISE, SPORTS,

RECREATION, WELLNESS OR EMPLOYMENT.

* * *

SECTION 2. THE PROVISIONS OF 49 PA. CODE CH. 18 SUBCH. E ARE

ABROGATED INSOFAR AS THEY ARE INCONSISTENT WITH THE AMENDMENT OF

THE DEFINITIONS OF "ATHLETIC TRAINING SERVICES" AND "PHYSICALLY

ACTIVE PERSON" IN SECTION 2 OF THE ACT.

SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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