| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1157, 1248, 1535 | PRINTER'S NO. 1804 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY TOMLINSON, ARGALL, ALLOWAY, M. WHITE, FARNESE, BOSCOLA AND FERLO, MAY 3, 2011 |
| |
| |
| AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 2011 |
| |
| |
| |
| AN ACT |
| |
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," "referral" and "written protocol" in section 2 of |
13 | the act of October 5, 1978 (P.L.1109, No.261), known as the |
14 | Osteopathic Medical Practice Act, amended or added December 10, |
15 | 2001 (P.L.863, No.93) and July 4, 2008 (P.L.589, No.46), are |
16 | amended and the section is amended by adding a definition to |
17 | read: |
18 | Section 2. Definitions. |
19 | The following words and phrases when used in this act shall |
|
1 | have, unless the context clearly indicates otherwise, the |
2 | meanings given to them in this section: |
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 | "Board-regulated practitioner." An osteopathic physician, |
22 | physician assistant, respiratory therapist or [certified] |
23 | licensed athletic trainer or an applicant for a license or |
24 | certificate issued by the board. |
25 | * * * |
26 | ["Certified athletic trainer." A person who is certified to |
27 | perform athletic training services by the State Board of |
28 | Medicine or the State Board of Osteopathic Medicine.] |
29 | * * * |
30 | "Direction." Supervision over the actions of a [certified] |
|
1 | licensed athletic trainer via referral by prescription to treat |
2 | conditions for a physically active person from a licensed |
3 | physician, dentist or podiatrist or written protocol approved by |
4 | a supervising physician, dentist or podiatrist, except that the |
5 | physical presence of the supervising physician, dentist or |
6 | podiatrist is not required if the supervising physician, dentist |
7 | or podiatrist is readily available for consultation by direct |
8 | communication, radio, telephone, facsimile, telecommunications |
9 | or via other electronic means. |
10 | * * * |
11 | "Licensed athletic trainer." A person who is licensed to |
12 | perform athletic training services by the State Board of |
13 | Medicine or the State Board of Osteopathic Medicine. |
14 | * * * |
15 | "Referral." An order from a licensed physician, dentist or |
16 | podiatrist to a [certified] licensed athletic trainer for |
17 | athletic training services. An order may be written or oral, |
18 | except that an oral order must be reduced to writing within 72 |
19 | hours of issuance. |
20 | * * * |
21 | "Written protocol." A written agreement developed in |
22 | conjunction with one or more supervising physicians which |
23 | identifies and is signed by the supervising physician and the |
24 | [certified] licensed athletic trainer. It describes the manner |
25 | and frequency in which the [certified] licensed athletic trainer |
26 | regularly communicates with the supervising physician. It |
27 | includes standard operating procedures developed in agreement |
28 | with the supervising physician and [certified] licensed athletic |
29 | trainer that the [certified] licensed athletic trainer follows |
30 | when not directly supervised on site by the supervising |
|
1 | physician. |
2 | Section 2. Section 2.1(a) of the act, amended July 4, 2008 |
3 | (P.L.589, No.46), is amended to read: |
4 | Section 2.1. State Board of Osteopathic Medicine. |
5 | (a) The State Board of Osteopathic Medicine shall consist of |
6 | the Commissioner of Professional and Occupational Affairs or his |
7 | designee; the Secretary of Health or his designee; two members |
8 | appointed by the Governor who shall be persons representing the |
9 | public at large; one member appointed by the Governor who shall |
10 | be a respiratory therapist, a perfusionist, a physician |
11 | assistant or a [certified] licensed athletic trainer; and six |
12 | members appointed by the Governor who shall be graduates of a |
13 | legally incorporated and reputable college of osteopathic |
14 | medicine and shall have been licensed to practice osteopathic |
15 | medicine under the laws of this Commonwealth and shall have been |
16 | engaged in the practice of osteopathy in this Commonwealth for a |
17 | period of at least five years. All professional and public |
18 | members of the board shall be appointed by the Governor with the |
19 | advice and consent of a majority of the members elected to the |
20 | Senate. The Governor shall assure that respiratory therapists, |
21 | perfusionists, physician assistants and [certified] licensed |
22 | athletic trainers are appointed to four-year terms on a rotating |
23 | basis. |
24 | Section 3. Section 7.1 of the act, added December 10, 2001 |
25 | (P.L.863, No.93), is amended to read: |
26 | Section 7.1. Athletic trainers. |
27 | (a) An athletic trainer [certified] licensed by the board |
28 | may, under the direction of a physician, podiatrist or dentist, |
29 | provide athletic training services to a physically active person |
30 | under the care of a physician, dentist or podiatrist. An |
|
1 | athletic trainer [certified] licensed under this section shall |
2 | refer a physically active person with conditions outside the |
3 | scope of athletic training services to a physician, dentist or |
4 | podiatrist. |
5 | [(b) Any athletic trainer who holds a valid certificate |
6 | issued by the State Board of Physical Therapy under the act of |
7 | October 10, 1975 (P.L.383, No.110), known as the "Physical |
8 | Therapy Practice Act," relating to the practice of athletic |
9 | training, prior to the effective date of this act shall, on and |
10 | after the effective date hereof, be deemed to be certified by |
11 | the State Board of Medicine or State Board of Osteopathic |
12 | Medicine as provided for in this act.] |
13 | (b.1) Transitional rule.-- |
14 | (1) Any athletic trainer who holds a valid certificate |
15 | issued by the board or the State Board of Medicine, relating |
16 | to the practice of athletic training, prior to the effective |
17 | date of this subsection shall, on or after the effective date |
18 | of this subsection, be deemed to be licensed by the board or |
19 | the State Board of Medicine as provided in this act. |
20 | (2) Paragraph (1) shall not apply in the case of a |
21 | certification that was expired or revoked prior to the |
22 | effective date of this subsection. |
23 | (c) An athletic trainer who meets the requirements of this |
24 | section shall be [certified] licensed, may use the title | <-- |
25 | "athletic trainer" or the abbreviation for the title, |
26 | ["A.T.C.,"] "A.T.L.," and may perform athletic training |
27 | services. A person who is not [certified] licensed under this |
28 | section may not use the designation of [certified] licensed |
29 | athletic trainer, athletic trainer or any of the listed |
30 | abbreviations for that title, including ["C.A.T." or "A.T.C.,"] |
|
1 | "L.A.T." or "A.T.L.," or any similar designation. This section |
2 | shall not prohibit any person trained and licensed or certified |
3 | under any other law from engaging in the licensed or certified |
4 | practice in which the person is trained. |
5 | (d) The State Board of Osteopathic Medicine and the State |
6 | Board of Medicine shall jointly promulgate regulations which: |
7 | (1) establish approved education and training programs |
8 | for [certification] licensure; and |
9 | (2) define the circumstances and protocol under which a |
10 | [certified] licensed athletic trainer may perform athletic |
11 | training services. |
12 | [Until such regulations are promulgated by the State Board of |
13 | Osteopathic Medicine and the State Board of Medicine, the |
14 | athletic trainer shall be regulated by the regulations, duly |
15 | promulgated by the State Board of Physical Therapy prior to the |
16 | enactment of this amendatory act governing the activities of |
17 | certified athletic trainers, which are not inconsistent with |
18 | this act.] |
19 | (e) Notwithstanding any provision of this act to the |
20 | contrary, doctors of medicine may supervise and direct the |
21 | activities of athletic trainers to the same extent as physicians |
22 | regulated by this act. |
23 | (f) The State Board of Osteopathic Medicine shall be |
24 | responsible for the [certification] licensure of athletic |
25 | trainers. Jurisdiction will be determined by the type of |
26 | physician who supervises and directs the [certified] licensed |
27 | athletic trainer. [Certified] Licensed athletic trainers |
28 | supervised by a doctor of osteopathy shall fall within the |
29 | jurisdiction of the State Board of Osteopathic Medicine. |
30 | Section 4. Section 15(b) of the act, amended July 4, 2008 |
|
1 | (P.L.589, No.46), is amended to read: |
2 | Section 15. Reasons for refusal, revocation or suspension of |
3 | license. |
4 | * * * |
5 | (b) The board shall have authority to refuse, revoke or |
6 | suspend the license of a physician assistant [or], respiratory |
7 | therapist, or [the certification of a certified] athletic |
8 | trainer for any or all of the following reasons: |
9 | (1) Failing to demonstrate the qualification for |
10 | licensure or certification contained in this act or |
11 | regulations of the board. |
12 | (2) Making misleading, deceptive, untrue or fraudulent |
13 | representations in his serving as a physician assistant; |
14 | practicing fraud or deceit in obtaining a license to serve as |
15 | a physician assistant; or making a false or deceptive |
16 | biennial registration with the board. |
17 | (3) Conviction of a felony in this Commonwealth or any |
18 | other state, territory or country. Conviction as used in this |
19 | paragraph shall include a finding or verdict of guilt, an |
20 | admission of guilt or a plea of nolo contendere, or receiving |
21 | probation without verdict, disposition in lieu of trial, or |
22 | an Accelerated Rehabilitative Disposition in the disposition |
23 | of felony charges. |
24 | (4) Having his license to serve as a physician assistant |
25 | revoked or suspended or having other disciplinary action |
26 | taken, or his application for licensure refused, revoked or |
27 | suspended by the proper certifying authority of another |
28 | state, territory or country. |
29 | (5) Being unable to serve as a physician assistant with |
30 | reasonable skill and safety to the physician's patients by |
|
1 | reason of illness, drunkenness, excessive use of drugs, |
2 | narcotics, chemicals, or any other type of material, or as a |
3 | result of any mental or physical condition. |
4 | (6) In enforcing paragraph (5), the board shall, upon |
5 | probable cause, have authority to compel a physician |
6 | assistant to submit to a mental or physical examination by |
7 | physicians designated by it. Failure of a physician assistant |
8 | to submit to such examination shall constitute an admission |
9 | of the allegations against him unless the failure is due to |
10 | circumstances beyond his control, consequent upon which a |
11 | default and final order may be entered without the taking of |
12 | testimony or presentation of evidence. A physician assistant |
13 | affected under this paragraph shall at reasonable intervals |
14 | be afforded an opportunity to demonstrate that he can resume |
15 | the competent assistance of a physician in the physician's |
16 | practice of medicine, with reasonable skill and safety to the |
17 | physician's patients. |
18 | (7) Violating a lawful regulation promulgated by the |
19 | board or violating a lawful order of the board, previously |
20 | entered by the board in a disciplinary proceeding. |
21 | (8) Knowingly rendering medical care and services except |
22 | under the supervision and direction of the supervising |
23 | physician. |
24 | (9) Being guilty of immoral or unprofessional conduct |
25 | shall include any departure from, or the failure to conform |
26 | to, the standards of acceptable and prevailing practice for |
27 | physician assistants, in which proceeding actual injury to a |
28 | patient need not be established. |
29 | * * * |
30 | Section 5. References to certification or certified athletic |
|
1 | trainers contained in regulations promulgated under this act and |
2 | in effect on the effective date of this section shall be deemed |
3 | to be references to licensure or licensed athletic trainers |
4 | after the effective date of this section. |
5 | Section 6. This act shall take effect in 60 days. |
|