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| PRIOR PRINTER'S NOS. 1158, 1249 | PRINTER'S NO. 1536 |
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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, BOSCOLA AND FERLO, MAY 3, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 19, 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," "referral" and |
15 | "written protocol" in section 2 of the act of December 20, 1985 |
16 | (P.L.457, No.112), known as the Medical Practice Act of 1985, |
17 | added December 10, 2001 (P.L.859, No.92), are amended and the |
18 | section is amended by adding a definition to read: |
19 | Section 2. Definitions. |
20 | The following words and phrases when used in this act shall |
21 | have the meanings given to them in this section unless the |
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1 | context clearly indicates otherwise: |
2 | * * * |
3 | "Athletic training services." The management and provision |
4 | of care of injuries to a physically active person as defined in |
5 | this act with the direction of a licensed physician. The term |
6 | includes the rendering of emergency care, development of injury |
7 | prevention programs and providing appropriate preventative and |
8 | supporting devices for the physically active person. The term |
9 | also includes the assessment, management, treatment, |
10 | rehabilitation and reconditioning of the physically active |
11 | person whose conditions are within the professional preparation |
12 | and education of a [certified] licensed athletic trainer. The |
13 | term also includes the use of modalities such as mechanical |
14 | stimulation, heat, cold, light, air, water, electricity, sound, |
15 | massage and the use of therapeutic exercises, reconditioning |
16 | exercise and fitness programs. Athletic training services shall |
17 | not include surgery, invasive procedures or prescription of any |
18 | controlled substance. |
19 | * * * |
20 | ["Certified athletic trainer." A person who is certified to |
21 | perform athletic training services by the State Board of |
22 | Medicine or State Board of Osteopathic Medicine.] |
23 | * * * |
24 | "Direction." Supervision over the actions of a [certified] |
25 | licensed athletic trainer via referral by prescription to treat |
26 | conditions for a physically active person from a licensed |
27 | physician, dentist or podiatrist or written protocol approved by |
28 | a supervising physician, dentist or podiatrist, except that the |
29 | physical presence of the supervising physician, dentist or |
30 | podiatrist is not required if the supervising physician, dentist |
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1 | or podiatrist is readily available for consultation by direct |
2 | communication, radio, telephone, facsimile, telecommunications |
3 | or via other electronic means. |
4 | * * * |
5 | "Licensed athletic trainer." A person who is licensed to |
6 | perform athletic training services by the State Board of |
7 | Medicine or the State Board of Osteopathic Medicine. |
8 | * * * |
9 | "Referral." An order from a licensed physician, dentist or |
10 | podiatrist to a [certified] licensed athletic trainer for |
11 | athletic training services. An order may be written or oral, |
12 | except that an oral order must be reduced to writing within 72 |
13 | hours of issuance. |
14 | * * * |
15 | "Written protocol." A written agreement developed in |
16 | conjunction with one or more supervising physicians which |
17 | identifies and is signed by the supervising physician and the |
18 | [certified] licensed athletic trainer. It describes the manner |
19 | and frequency in which the [certified] licensed athletic trainer |
20 | regularly communicates with the supervising physician. It |
21 | includes standard operating procedures developed in agreement |
22 | with the supervising physician and [certified] licensed athletic |
23 | trainer that the certified athletic trainer follows when not |
24 | directly supervised on site by the supervising physician. |
25 | Section 2. Section 51.1 of the act, added December 10, 2001 |
26 | (P.L.859, No.92), is amended to read: |
27 | Section 51.1. Athletic trainers. |
28 | (a) General rule.--An athletic trainer [certified] licensed |
29 | by the board may, under the direction of a physician, podiatrist |
30 | or dentist, provide athletic training services to a physically |
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1 | active person under the care of a physician, dentist or |
2 | podiatrist. An athletic trainer [certified] licensed under this |
3 | section shall refer a physically active person with conditions |
4 | outside the scope of athletic training services to a physician, |
5 | dentist or podiatrist. |
6 | [(b) Temporary [certifications] licenses.--Any athletic | <-- |
7 | trainer who holds a valid certificate issued by the State Board |
8 | of Physical Therapy under the act of October 10, 1975 (P.L.383, |
9 | No.110), known as the Physical Therapy Practice Act, relating to |
10 | the practice of athletic training, prior to the effective date |
11 | of this act shall, on and after the effective date hereof, be |
12 | deemed to be [certified] licensed by the State Board of Medicine | <-- |
13 | or State Board of Osteopathic Medicine as provided for in this |
14 | act.] | <-- |
15 | (b.1) Applicability.--Subsection (b) shall not apply in the | <-- |
16 | case of a certification that has expired or been revoked prior |
17 | to the effective date of this subsection. |
18 | (b.1) Transitional rule.-- | <-- |
19 | (1) Any athletic trainer who holds a valid certificate |
20 | issued by the board or the State Board of Osteopathic |
21 | Medicine, relating to the practice of athletic training, |
22 | prior to the effective date of this subsection shall, on or |
23 | after the effective date of this subsection, be deemed to be |
24 | licensed by the board or the State Board of Osteopathic |
25 | Medicine as provided in this act. |
26 | (2) Paragraph (1) shall not apply in the case of a |
27 | certification that was expired or revoked prior to the |
28 | effective date of this subsection. |
29 | (c) [Certification] Licensure, title and limitation on |
30 | practice.--An athletic trainer who meets the requirements of |
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1 | this section shall be [certified] licensed, may use the title |
2 | "athletic trainer" or the abbreviation for the title, |
3 | ["A.T.C.,"] "A.T.L.," and may perform athletic training |
4 | services. A person who is not [certified] licensed under this |
5 | section may not use the designation of [certified] licensed |
6 | athletic trainer, athletic trainer or any of the listed |
7 | abbreviations for that title, including ["C.A.T." or "A.T.C.,"] |
8 | "L.A.T." or "A.T.L.," or any similar designation. This section |
9 | shall not prohibit any person trained and licensed or certified |
10 | under any other law from engaging in the licensed or certified |
11 | practice in which the person is trained. |
12 | (d) Regulations.--The State Board of Medicine and the State |
13 | Board of Osteopathic Medicine shall jointly promulgate |
14 | regulations which: |
15 | (1) establish approved education and training programs |
16 | for [certification] licensure; and |
17 | (2) define the circumstances and protocol under which a |
18 | [certified] licensed athletic trainer may perform athletic |
19 | training services. |
20 | [Until such regulations are promulgated by the State Board of |
21 | Medicine and the State Board of Osteopathic Medicine, the |
22 | athletic trainer shall be regulated by the regulations, duly |
23 | promulgated by the State Board of Physical Therapy prior to the |
24 | enactment of this amendatory act governing the activities of |
25 | certified athletic trainers, which are not inconsistent with |
26 | this act.] |
27 | (e) Doctors of Osteopathic Medicine.--Notwithstanding any |
28 | provision of the act of October 5, 1978 (P.L.1109, No.261), |
29 | known as the Osteopathic Medical Practice Act, to the contrary, |
30 | doctors of osteopathic medicine may supervise and direct the |
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1 | activities of athletic trainers to the same extent as physicians |
2 | regulated by this act. |
3 | (f) Jurisdiction.--The State Board of Medicine shall be |
4 | responsible for the [certification] licensure of athletic |
5 | trainers. Jurisdiction will be determined by the type of |
6 | physician who supervises and directs the [certified] licensed |
7 | athletic trainer. [Certified] Licensed athletic trainers |
8 | supervised by physicians regulated by the Medical Practice Act |
9 | of 1985 shall fall within the jurisdiction of the State Board of |
10 | Medicine. |
11 | Section 3. References to certification or certified athletic | <-- |
12 | trainers contained in regulations promulgated under the act and |
13 | in effect on the effective date of this section shall be deemed |
14 | to be references to licensure or licensed athletic trainers |
15 | after the effective date of this section. |
16 | Section 3 4. This act shall take effect in 60 days. | <-- |
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