THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, GEIST, M. O'BRIEN, BRENNAN, CALTAGIRONE, D. COSTA, FABRIZIO, KIRKLAND, PASHINSKI, K. SMITH AND STABACK, MARCH 4, 2011

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 4, 2011  

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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

"certified athletic trainer," "physically active person,"

"referral" and "written protocol" in section 2 of the act of

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

Medical Practice Act, added December 10, 2001 (P.L.863, No.93),

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, 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 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 the State Board of Osteopathic Medicine.]

* * *

"Licensed athletic trainer."  A person who is certified 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

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.

* * *

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

podiatrist to [a certified] an 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

when not directly supervised on site by the supervising

physician.

Section 2.  Section 7.1(a), (b), (c), (d) and (f) of the act,

added December 10, 2001 (P.L.863, No.93), are amended to read:

Section 7.1.  Athletic trainers.

(a)  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)  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, unless his or

her certification has expired or been revoked prior to the

effective date of this act.

(c)  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 registered, licensed

or certified under any other law from engaging in the

registered, licensed or certified practice in which the person

is trained.

(d)  The State Board of Osteopathic Medicine and the State

Board of Medicine shall jointly promulgate regulations which:

(1)  establish approved education and training programs

for certification; and

(2)  define the circumstances and protocol under which a

certified athletic trainer may perform athletic training

services.

[Until such regulations are promulgated by the State Board of

Osteopathic Medicine and the State Board of 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.] All references in the current regulations referencing

certification or certified athletic trainers shall be deemed to

be references to licensure or licensed athletic trainers after

the effective date of this act.

* * *

(f)  The State Board of Osteopathic 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 a doctor of osteopathy shall fall within the

jurisdiction of the State Board of Osteopathic Medicine.

Section 3.  The board shall issue licenses in the course of

its normal biannual process. Any athletic trainers with a valid

certification prior to the effective date of this act may refer

to themselves as licensed athletic trainers upon the effective

date of this act, even though the board has not issued a license

in lieu of certification.

Section 4.  This act shall take effect in 30 days.