Add Athletic Trainers as Mandated Reporters

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 of the practice of athletic training. [As used in this article

"athletic trainer" means any person who is duly certified 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.] 1. Definition. The practice of the profession of athletic training is performed by athletic trainers who are defined as health care professionals, and is defined as:

(a) The prevention, recognition, examination, evaluation, assessment, management, treatment and rehabilitation of athletic injuries that occur

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

[ ] is old law to be omitted.

LBD09434-05-0

S. 5127--A 2

in active individuals. Athletic training involves the recognition, evaluation, and assistance in the management of sport-related illnesses and medical conditions, pursuant to the athletic trainer's education, experience, and competencies.

(b) The work of athletic training is performed under the supervision of a physician pursuant to a standard written protocol for athletic training services. 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.

(c) The practice of athletic training may include use of various clinically appropriate therapeutic modalites and techniques.

(d) The scope of work described [herein shall not be construed as authorizing the reconditioning of neurologic injuries, conditions or disease] 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 engaged in performing arts, public protection, emergency services, or military service, or during adaptive athletics. Once the individual has been cleared by a supervising physician, after sustaining such an injury, the athletic trainer shall work with the individual pursuant to standard written protocol to manage, monitor and treat such injuries for participation in rehabilitation for an athletic endeavor, while training, engaging in performing arts, public protection, emergency services, military services or during adaptive athletics. Athletic trainers shall work with individuals pursuant to standard written protocol to manage, monitor and treat such injuries for participation in rehabilitation for an athletic endeavor, while training, engaging in performing arts, public protection, emergency services, military services or during adaptive athletics.

(e) Athletic training includes education and instruction to coaches, athletes, active individuals, parents, medical personnel and communities in the area of care and prevention of athletic injuries, sports-related illnesses and medical conditions.

2. Boundaries of professional practice. Any individual whose license or authority to practice derives from the provisions of this article shall be prohibited from prescribing any medication or controlled substance or performing surgery, suturing, or any invasive procedures, in which human tissue is cut, altered, or otherwise pierced by mechanical or other means, including needles, except that nothing in this section shall be construed to prohibit the use of an epinephrine autoinjector device pursuant to section three thousand-c of the public health law.

§ 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] Definitions related to 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

S. 5127--A 3

implementation of treatment pursuant to physician's orders. Athletic training includes instruction to coaches, athletes, parents, medical personnel and communities in the area of care and prevention of athletic injuries.

The scope of work described herein shall not be construed as authorizing the reconditioning of neurologic injuries, conditions or disease.] As used in this article, the following terms shall have the following meanings:

1. "emergent" shall mean a serious, unexpected and often dangerous situation requiring immediate action.

2. "supervision" shall mean by a physician and 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, and shall further include use of standard written protocols for athletic training services developed in consultation with the supervising physician.

3. "sport-related illnesses and medical conditions" shall mean any disease, disorder, sickness or affliction that arises from or is a manifestation of a physically active individual's participation in an exercise, a sport, a game, a recreational activity or other activity, or any other condition, that may require immediate intervention by an athletic trainer, acting with the consent and under the direction of a physician.

4. "standard written protocol" shall mean a written agreement or other document developed in conjunction with the supervising physician, which identifies and is signed by the supervising physician and the licensed athletic trainer, and describes the manner and frequency in which the licensed athletic trainer regularly communicates with the supervising physician and includes standard operating procedures, developed in agreement with the supervising physician and licensed athletic trainer, that the licensed athletic trainer follows when not directly supervised onsite by the supervising physician.

5. "active individual" shall mean one who engages in activities that require a high degree of physical exertion, that involve 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, emergency services, or military service, or individuals involved in adaptive athletics.

6. "athletic injury" shall mean any injury sustained as a result of participation in an exercise, a sport, a game, a recreational activity or any other activity that requires a level of strength, flexibility or agility that is comparable to the level of strength, flexibility or agility required for an exercise, a sport, a game or a recreational activity.

§ 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] licensed athletic trainer". Only a person [certified] licensed or otherwise authorized under this article shall practice athletic training or use the title "[certified] licensed athletic trainer" or the abbreviation "AT" in connection with his or her name or with any trade name in the conduct of his or her profession.

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

§ 8354. State committee for athletic trainers. A state committee for athletic trainers shall be appointed by the board of regents, upon the

S. 5127--A 4

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 [who], five of whom 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 title eight 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-eight, 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[.]; and

7. Character: be of good moral character as determined by the department.

§ 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 acceptable by the department or the substantial equivalent as determined

S. 5127--A 5

by the department. Students enrolled in an athletic training program determined as acceptable by the department shall be identified as "athletic training students" and shall only practice athletic training under the direction and 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 appropriately authorized 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: