A1446

An Act concerning athletic training, revising various parts of the statutory law and repealing section 7 of P.L.1984, c.203.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1984, c.203 (C.45:9-37.36) is amended to read as follows:

2. As used in this act:

a. "Advisory committee" means the Athletic Training Advisory Committee established in section 5 of P.L.1984, c.203
(C.45:9-37.39);

b. ["Athlete" means an individual who participates in strenuous physical exercise, physical conditioning, or a sport;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. "Athletic trainer" means a person who practices athletic training;

d. "Athletic training" means and includes [the practice of physical conditioning and reconditioning of athletes and the prevention of injuries incurred by athletes] but is not limited to: the treatment of an individual for injury prevention and health management; the athletic training evaluation and assessment of an individual for an injury or illness, or both; and the rehabilitation and reconditioning of an individual’s injury or illness, or both, as recommended by the advisory committee and defined in regulations by the board. Athletic training shall also include the application of physical treatment modalities to [athletes] individuals under a plan of care designed and overseen by a physician licensed in this State, as recommended by the advisory committee and defined in regulations by the board;

e. "Board" means the State Board of Medical Examiners;

f. "Supervision" means that a physician licensed in this State is accessible to an athletic trainer, either on-site [or through], by voice, or electronic communication, during athletic training;

g. “BOC” means the Board of Certification, Inc.; and

h. “CAATE” means the Commission on Accreditation of Athletic Training Education.

(cf: P.L.2007, c.323, s.1)

2. Section 3 of P.L.1984, c.203 (C.45:9-37.37) is amended to read as follows:

3. a. No person shall practice or hold himself out as being able to practice athletic training in this State unless licensed in accordance with the provisions of P.L.1984, c.203 (C.45:9-37.35 et seq.).

b. [A licensed athletic trainer may provide athletic training only:

(1) (a) to athletes engaged in interscholastic, intercollegiate, or intramural athletic activities which are being conducted by an educational institution licensed in this State; or (b) to professional athletes; or

(2) to athletes in any setting when the athletic trainer is under the supervision of a physician licensed in this State] Nothing in P.L.1984, c.203 (C.45:9-37.35 et seq.) shall be construed to authorize the interpretation of data for the purpose of diagnosing disease, organic condition or the practice of medicine and surgery, chiropractic, podiatry, occupational therapy, physical therapy, or prosthetics by a person who is not licensed to practice as such pursuant to Title 45 of the Revised Statutes.

c. An athletic trainer shall immediately refer an [athlete] individual to an appropriate health care professional licensed in this State if the athletic trainer has reasonable cause to believe that athletic training is contraindicated or symptoms or conditions are present that require services outside the scope of an athletic trainer's practice.

(cf: P.L.2007, c.323, s.2)

3. Section 6 of P.L.1984, c.203 (C.45:9-37.40) is amended to read as follows:

6. a. Beginning on the effective date of P.L.2001, c.156, it shall be unlawful for any person, other than an athletic trainer licensed pursuant to P.L.1984, c.203 (C.45:9-37.35 et seq.) to practice athletic training in this State unless licensed in accordance with the provisions of this act. Nothing in this act, however, shall prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed.

b. This act shall not prohibit: a candidate for licensure as an athletic trainer from accumulating the mandated number of hours of supervised clinical experience under the direction of a licensed athletic trainer; a student enrolled in a school or educational program of athletic training approved by the board from performing acts of athletic training incidental to the course of study, if the performance is under the direction of a licensed athletic trainer; a student in any educational program in the healing arts approved or accredited under the laws of this State from carrying out prescribed courses of study; a person employed by any agency, bureau or division of the federal government from discharging his official duties; or a person in connection with employment as an athletic trainer by a nonresident [athlete] individual, educational institution or recognized athletic organization temporarily visiting in this State, from practicing athletic training for a period not to exceed 90 days in one calendar year provided he is lawfully permitted to work as an athletic trainer in the state of residence of his employer.

c. The provisions of this act are not intended to limit the activities of persons legitimately engaged in the administration of nontherapeutic baths, massage and normal exercise.

(cf: P.L.2007, c.323, s.4)

4. Section 10 of P.L.1984, c.203 (C.45:9-37.44) is amended to read as follows:

10. a. On payment to the board of the application fee as provided in section 14 of [this act] P.L.1984, c.203 (C.45:9-37.48), and upon approval of the application, the board shall issue a license to any person who successfully passes the examination provided in section 9 of [this act] P.L.1984, c.203 (C.45:9-37.43).

b. The licensee shall display, or carry on the licensee’s person if displaying is not possible, a practicing license at any place the licensee renders services.

c. Any license displayed pursuant to subsection b. of this section may be displayed in a manner which prevents the public display of the licensee’s home address, provided that the license is not permanently defaced or altered, and the license and all the information contained thereon, including the address of record, can be presented upon the request of a person conducting an investigation.

(cf: P.L.2001, c.156, s.7)

5. Section 8 of P.L.1984, c.203 (C.45:9-37.42) is amended to read as follows:

8. An applicant for licensure as an athletic trainer shall submit evidence to the board, in the form the board may prescribe, that the applicant:

a. Is 18 years of age or older;

b. Is of good moral character and does not engage in the habitual use of alcohol, narcotics or other habit forming drugs;

c. Is a graduate of a high school approved by the Department of Education or has obtained equivalent education acceptable to the board; and

d. Has met the athletic training curriculum requirements of a college or university approved by the board and provides proof of graduation or has successfully completed a program [of baccalaureate education and] that led to a degree in professional athletic training [and experience approved by the board] from a postsecondary educational institution that meets the academic standards for athletic trainers established by the CAATE or its successor organization and provides proof of its completion. The board, in establishing, altering or amending the standards for approving curricula and courses of study in institutions which [grant baccalaureate degrees] offer degrees in professional athletic training and which are accredited by [a regional accreditation agency recognized by the Council on Postsecondary Accreditation or the United States Department of Education] the CAATE or its successor organization shall consult with the Department of Education and the advisory committee. The board, in establishing, altering, or amending the standards for approving programs [of baccalaureate education and] in professional athletic training and experience shall consult with the advisory committee. Both the curriculum and the program shall include courses of study in the biophysical sciences for the use of physical agents and medical-surgical techniques [as related to athletics].

(cf: P.L.2001, c.156, s.5)

6. Section 9 of P.L.1984, c.203 (C.45:9-37.43) is amended to read as follows:

9. An applicant who complies with the qualifications for licensure shall successfully complete the examination administered by the [National Athletic Trainers' Association Board of Certification, Inc.] BOC, or its successor organization, or a substantially equivalent examination approved by the board. The examination shall test the applicant's knowledge of the basic and clinical sciences that are pertinent to athletic training, emergency care of the injured individual and principles of injury evaluation and conditioning, including the use of various physical modalities and exercise techniques. The examination shall be administered within the State no less than once each year at a time and place the board shall designate.

(cf: P.L.2007, c.323, s.5)

7. Section 11 of P.L.1984, c.203 (C.45:9-37.45) is amended to read as follows:

11. On payment to the board of the application fee as provided in section 14 of P.L.1984, c.203 (C.45:9-37.48), and upon approval of a written application or application for renewal, as the case may be, on forms provided by the board, the board shall issue, without examination, a license to any person who:

a. (Deleted by amendment, P.L.2001, c.156).

b. Is licensed, certified or registered as an athletic trainer in any other state or territory of the United States or the District of Columbia, if the requirements for licensure, certification or registration were at the time of the applicant's licensure, certification or registration equivalent to or in excess of the requirements of this act at the date of application for the license as shall be determined by the board in consultation with the committee; or

c. Is employed in or is a resident of this State and presents evidence of being certified by the [National Athletic Trainers' Association Board of Certification, Inc.] BOC, or its successor organization, as an athletic trainer; or

d. Is licensed as an athletic trainer pursuant to the provisions of P.L.1984, c.203 (C.45:9-37.35 et seq.) and makes a timely application for renewal, as determined by the board, prior to the expiration of his biennial license.

(cf: P.L.2007, c.323, s.6)

8. Section 14 of P.L.1984, c.203 (C.45:9-37.48) is amended to read as follows:

14. Each initial application under P.L.1984, c.203 (C.45:9-37.35 et seq.) shall be accompanied by a fee as prescribed by the board. Licensure shall expire biennially on January 31 and shall be renewed upon application and payment of a fee as prescribed by the board. If the fee is not paid by that date the license shall automatically expire. A license which has expired may, within three years of its expiration date, be renewed on payment to the board of the prescribed reinstatement fee for each year or part thereof during which the license was ineffective and a restoration fee as prescribed by the board. After the three-year period, the license may be renewed only by complying with the provisions of this act regarding initial licensure and presenting proof of current certification by the [National Athletic Trainers Association Board of Certification] BOC or its successor organization.

(cf: P.L.2007, c.323, s.8)

9. Section 6 of P.L.1984, c.203 (C.45:9-37.48a) is amended to read as follows:

6. a. The State Board of Medical Examiners shall require each person licensed as an athletic trainer, as a condition for biennial license renewal pursuant to section 14 of P.L.1984, c.203
(C.45:9-37.48), to complete 24 credits of continuing athletic trainer education, which shall include a specific number of credits of instruction on topics related to concussions and head injuries, as determined by the State Board of Medical Examiners.

b. The board shall, in conformance with the standards of the BOC or its successor organization:

(1) establish standards for continuing athletic trainer education, including the subject matter and content of courses of study; and

(2) accredit education programs offering credit toward continuing athletic trainer education requirements or recognize national or State organizations that may accredit education programs.

c. Each hour of an educational course or program shall be equivalent to one credit of continuing athletic trainer education.

d. The board may, in its discretion, waive requirements for continuing athletic trainer education on an individual basis for reasons of hardship such as illness or disability, retirement of license, or other good cause. A waiver shall apply only to the current biennial renewal period at the time of board issuance.

e. The board shall not require completion of continuing athletic trainer education credits for any licensure period commencing within 12 months of the effective date of this section.

f. The board shall require completion of athletic trainer education credits on a pro-rated basis for any registration period commencing more than 12 months but less than 24 months from the effective date of this section.

g. Prior to license renewal, each licensee shall submit to the board proof of completion of the required number of hours of continuing athletic trainer education.

(cf: P.L.2010, c.94, s.6)

10. Section 7 of P.L.1984, c.203 (C.45:9-37.41) is repealed.

11. This act shall take effect immediately.

STATEMENT

This bill revises the “Athletic Training Licensure Act,” P.L.1984, c.203 (C.45:9-37.35 et seq.).

The bill updates the definition of “athletic training” to include the treatment of an individual for injury prevention and health management; the evaluation and assessment of an individual for an injury or illness, or both; and the rehabilitation and reconditioning of an individual’s injury or illness, or both.

The bill also clarifies that nothing in the bill is to be construed as authorizing the interpretation of data for the purpose of diagnosing disease, organic condition or the practice of various licensed health care professions, including the practice of medicine and surgery, chiropractic, podiatry, occupational therapy, physical therapy, or prosthetics, by a person who is not licensed to practice such profession. The bill’s revisions include various amendments to delete references to “athlete,” thereby acknowledging the fact that athletic trainers provide services to persons generally, rather than athletes specifically.

The bill requires athletic trainers to display, or carry on the athletic trainer’s person if displaying is not possible, a practicing license at any place the athletic trainer renders services.

The bill also modifies the curriculum requirements for the board to approve to include, among other items, a degree in professional athletic training from a postsecondary educational institution that meets the academic standards of the Commission on Accreditation of Athletic Training Education. Additionally, references to the Board of Certification, Inc. are incorporated into current law, including to replace references to the National Athletic Trainers' Association Board of Certification, Inc.

The bill also repeals a section of the act that prohibits an athletic trainer from practicing, or from being employed by any individual or entity to do, physical therapy procedures for reimbursement unless the athletic trainer is licensed pursuant to the “Physical Therapist Licensing Act of 1983.”