License Athletic Trainers

Section 1. Section 8351 of the education law, as amended by chapter 658 of the laws of 1993, is amended to read as follows:

§ 8351. [Definition] Definitions. 1. As used in this article "athletic trainer" means any person who is duly [certified] licensed in accordance with this article to perform athletic training under the supervision of a physician [and limits his or her practice to secondary schools, institutions of postsecondary education, professional athletic organizations, or a person who, under the supervision of a physician, carries out comparable functions on orthopedic athletic injuries, excluding spinal cord injuries, in a health care organization. Supervision of an athletic trainer by a physician shall be continuous but shall not be construed as requiring the physical presence of the supervising physician at the time and place where such services are performed.

The scope of work described herein shall not be construed as authorizing the reconditioning of neurologic injuries, conditions or disease]. The practice of the profession of athletic training is performed by

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04222-08-7

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athletic trainers who are defined as health care professionals who engage in the prevention, recognition, examination, evaluation, assessment, management, treatment and rehabilitation of neuromusculoskeletal injuries that occur in active individuals with treatment in accordance with the supervising physician pursuant to standard written protocol. These active individuals engage in activities that require a high degree of physical exertion, that involves training and where injury occurs during such training or athletic endeavor, including but not limited to athletic individuals, performing artists and individuals involved in public protection or emergency services or individuals involved in adaptive athletics. Athletic trainers recognize, evaluate, and assist in the management of sport-related illnesses and medical conditions. The practice of athletic training may include use of various clinically appropriate therapeutic modalities and techniques. Supervision by a physician shall be continuous but shall not be construed as requiring the physical presence of the supervising physician at the time and place where such services are performed.

The scope of work described in this section shall not be construed as authorizing the management and treatment of acute, subacute, or chronic neurological pathologies and comorbidities or neurological disease processes with the exception of initial evaluation and triage of emergent neurological conditions such as potential concussions, spinal cord injuries or nerve injuries resulting from participation in an athletic endeavor, while training, or during adaptive athletics. Further, athletic trainers shall work with individuals pursuant to standard written protocol to manage, monitor and treat such injuries after an individual has been cleared by a supervising physician to begin rehabilitation for participation in an athletic endeavor, training, or adaptive athletics.

2. As used in this article "emergent" means a serious, unexpected and often dangerous situation requiring immediate action.

§ 2. Section 8352 of the education law, as amended by chapter 658 of the laws of 1993, is amended to read as follows:

§ 8352. Definition of practice of athletic training. [The practice of the profession of athletic training is defined as the application of principles, methods and procedures for managing athletic injuries, which shall include the preconditioning, conditioning and reconditioning of an individual who has suffered an athletic injury through the use of appropriate preventative and supportive devices, under the supervision of a physician and recognizing illness and referring to the appropriate medical professional with implementation of treatment pursuant to physician's orders.] Athletic training includes instruction to coaches, athletes, active individuals, parents, medical personnel and communities in the area of care and prevention of [athletic] neuromusculoskeletal injuries. Supervision by a physician shall include specific or standing orders for athletic training services.

[The scope of work described herein shall not be construed as authorizing the reconditioning of neurologic injuries, conditions or disease.]

§ 3. Section 8353 of the education law, as added by chapter 798 of the laws of 1992, is amended to read as follows:

§ 8353. Use of the title "[certified] athletic trainer". Only a person [certified] licensed or otherwise authorized under this article shall practice athletic training or use the title "[certified] athletic trainer" or the abbreviation "AT".

§ 4. Section 8354 of the education law, as added by chapter 798 of the laws of 1992, is amended to read as follows:

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§ 8354. State committee for athletic trainers. A state committee for athletic trainers shall be appointed by the board of regents, upon the recommendation of the commissioner and shall assist on matters of [certification] professional licensing and professional conduct in accordance with section six thousand five hundred eight of this title. The committee shall consist of [five] seven members, five who are athletic trainers [certified] licensed in this state, one practicing physician who is licensed in this state to practice as an orthopedic surgeon, a primary care/family practice physician, a sports medicine practitioner, or a neurologist and one public member that is a consumer of the profession. The committee shall assist the state board for medicine in athletic training matters. Nominations and terms of office of the members of the state committee for athletic trainers shall conform to the corresponding provisions relating thereto for state boards under article one hundred thirty of this chapter. [Notwithstanding the foregoing, the members of the first committee need not be certified prior to their appointment to the committee.]

§ 5. Section 8355 of the education law, as added by chapter 798 of the laws of 1992, is amended to read as follows:

§ 8355. Requirements and procedure for professional [certification] licensure. [For certification as a certified] To qualify for a license as an athletic trainer under this article, an applicant shall fulfill the following requirements:

1. Application: file an application with the department;

2. Education: have received an education including a bachelor's, its equivalent or higher degree in accordance with the commissioner's regulations, provided however, as of December thirty-first, two thousand twenty-six, applicants must have received a master's degree, its equivalent or higher in accordance with the commissioner's regulations;

3. Experience: have experience in accordance with the commissioner's regulations;

4. Examination: pass an examination in accordance with the commissioner's regulations;

5. Age: be at least twenty-one years of age; and

6. Fees: pay a fee for an initial [certificate] license of one hundred dollars to the department; and a fee of fifty dollars for each triennial registration period.

§ 6. Section 8356 of the education law, as amended by chapter 658 of the laws of 1993, is amended to read as follows:

§ 8356. [Special provisions. A person shall be certified without examination provided that, within three years from the effective date of regulations implementing the provisions of this article, the individual:

1. files an application and pays the appropriate fees to the department; and

2. meets the requirements of subdivisions two and five of section eight thousand three hundred fifty-five of this article and who in addition:

(a) has been actively engaged in the profession of athletic training for a minimum of four years during the seven years immediately preceding the effective date of this article; or

(b) is certified by a United States certifying body acceptable to the department.] Exempt persons. 1. Nothing contained in this article shall prohibit:

(a) the practice of athletic training that is an integral part of a program of study by students enrolled in an athletic training program approved by the department. Students enrolled in an approved athletic

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training program shall be identified as "athletic training students" and shall only practice athletic training under the direction and immediate supervision of an athletic trainer currently licensed under this article. An athletic training student shall not hold himself or herself out as a licensed athletic trainer; or

(b) the practice of athletic training by any person who is licensed and in good standing to practice athletic training in another state from acting as an athletic trainer without a New York state license solely for the following purposes: (i) clinical education, practice demonstrations or clinical research that is within the practice of athletic training in connection with a program of basic clinical education, graduate education, or post-graduate education in an approved school of athletic training, or in a clinical facility, or a health care agency, or continuing education; or (ii) performing duties with his or her team or organization, so long as duties are restricted to that team or organization during the course of that team's or organization's stay in New York state for no more than sixty days in a calendar year; or (iii) assisting in the care of athletes in a specific sanctioned athletic event; or (iv) assisting a New York state licensed athletic trainer in the case of an emergency situation to another team's player. Any person practicing athletic training in New York state pursuant to this subdivision shall be subject to personal and subject matter jurisdiction and the disciplinary and regulatory authority of the board of regents as if he or she is a licensee and as if the exemption pursuant to this subdivision is a license. Such individuals shall consent to the appointment of the secretary of state or other public official acceptable to the department, in such athletic trainers' states of licensure as the athletic trainers' agents upon whom process may be served in any actions or proceedings by the department against such athletic trainers. Such individuals shall comply with the provisions of this article, the rules of the board of regents and the regulations of the commissioner relating to professional misconduct, disciplinary proceedings and penalties for professional misconduct; or

(c) the practice of athletic training by any person who is otherwise authorized and in good standing to practice athletic training or athletic therapy in another country, state, or territory that imposes the same requirements set forth in section eighty-three hundred fifty-five of this article. Any person practicing athletic training in New York state pursuant to this subdivision shall be subject to personal and subject matter jurisdiction and the disciplinary and regulatory authority of the board of regents as if he or she is a licensee and as if the exemption pursuant to this subdivision is a license. Such individuals shall consent to the appointment of the secretary of state or other public official acceptable to the department, in such athletic trainers' states of licensure as the athletic trainers' agents upon whom process may be served in any actions or proceedings by the department against such athletic trainers. Such individuals shall comply with the provisions of this article, the rules of the board of regents and the regulations of the commissioner relating to professional misconduct, disciplinary proceedings and penalties for professional misconduct.

2. This article shall not be construed to prohibit qualified members of other licensed or legally recognized professions from performing work incidental to the practice of their profession, except that such persons may not hold themselves out under the title athletic trainer or as performing athletic training.

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§ 7. The education law is amended by adding two new sections 8356-a and 8356-b to read as follows:

§ 8356-a. Mandatory continuing education. 1. (a) Each licensed athletic trainer required under this article to register triennially with the department to practice in the state shall comply with the provisions of the mandatory continuing education requirements prescribed in subdivision two of this section except as set forth in paragraphs (b) and (c) of this subdivision. Licensed athletic trainers who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements, and they have been issued a registration certificate, except that a licensed athletic trainer may practice without having met such requirements if he or she is issued a conditional registration certificate pursuant to subdivision three of this section.