H.B. 74 Enrolled

1

ATHLETIC TRAINER LICENSING ACT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Michael G. Waddoups
6
7 LONG TITLE
8 General Description:
9 This bill enacts the Athletic Trainer Licensing Act.
10 Highlighted Provisions:
11 This bill:
12 . enacts the Athletic Trainer Licensing Act;
13 . establishes the Athletic Trainers Licensing Board and its duties and responsibilities;
14 . provides for the licensing of athletic trainers;
15 . establishes qualifications for an athletic trainer license;
16 . establishes the scope of practice of an athletic trainer;
17 . provides exemptions from licensure; and
18 . defines unprofessional conduct.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-1-307, as last amended by Chapters 71 and 153, Laws of Utah 2005
26 ENACTS:
27 58-40a-101, Utah Code Annotated 1953
28 58-40a-102, Utah Code Annotated 1953
29 58-40a-103, Utah Code Annotated 1953

30 58-40a-201, Utah Code Annotated 1953
31 58-40a-301, Utah Code Annotated 1953
32 58-40a-302, Utah Code Annotated 1953
33 58-40a-303, Utah Code Annotated 1953
34 58-40a-304, Utah Code Annotated 1953
35 58-40a-305, Utah Code Annotated 1953
36 58-40a-401, Utah Code Annotated 1953
37 58-40a-501, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 58-1-307 is amended to read:
41 58-1-307. Exemptions from licensure.
42 (1) Except as otherwise provided by statute or rule, the following [persons] individuals
43 may engage in the practice of their occupation or profession, subject to the stated
44 circumstances and limitations, without being licensed under this title:
45 (a) [a person] an individual serving in the armed forces of the United States, the United
46 States Public Health Service, the United States Department of Veterans Affairs, or other federal
47 agencies while engaged in activities regulated under this chapter as a part of employment with
48 that federal agency if the [person] individual holds a valid license to practice a regulated
49 occupation or profession issued by any other state or jurisdiction recognized by the division;
50 (b) a student engaged in activities constituting the practice of a regulated occupation or
51 profession while in training in a recognized school approved by the division to the extent the
52 activities are supervised by qualified faculty, staff, or designee and the activities are a defined
53 part of the training program;
54 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
55 fellowship, apprenticeship, or on-the-job training program approved by the division while
56 under the supervision of qualified [persons] individuals;
57 (d) an individual residing in another state and licensed to practice a regulated

58 occupation or profession in that state, who is called in for a consultation by an individual
59 licensed in this state, and the services provided are limited to that consultation;
60 (e) an individual who is invited by a recognized school, association, society, or other
61 body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
62 regulated occupation or profession if the individual does not establish a place of business or
63 regularly engage in the practice of the regulated occupation or profession in this state;
64 (f) an individual licensed under the laws of this state, other than under this title, to
65 practice or engage in an occupation or profession, while engaged in the lawful, professional,
66 and competent practice of that occupation or profession;
67 (g) an individual licensed in a health care profession in another state who performs that
68 profession while attending to the immediate needs of a patient for a reasonable period during
69 which the patient is being transported from outside of this state, into this state, or through this
70 state;
71 (h) an individual licensed in another state or country who is in this state temporarily to
72 attend to the needs of an athletic team or group, except that the practitioner may only attend to
73 the needs of the athletic team or group, including all individuals who travel with the team or
74 group in any capacity except as a spectator;
75 (i) an individual licensed and in good standing in another state, who is in this state:
76 (i) temporarily, under the invitation and control of a sponsoring entity;
77 (ii) for a reason associated with a special purpose event, based upon needs that may
78 exceed the ability of this state to address through its licensees, as determined by the division;
79 and
80 (iii) for a limited period of time not to exceed the duration of that event, together with
81 any necessary preparatory and conclusionary periods; and
82 [(j) an individual who:]
83 [(i) is certified as an athletic trainer by the National Athletic Trainers Association
84 Board of Certification or another entity approved by the division;]
85 [(ii) is employed or officially associated with an educational institution, a professional

86 sports organization, or a bona fide amateur sports organization; and]
87 [(iii) only provides athletic training services:]
88 [(A) to athletes of the educational institution or sports organization to which the
89 individual is employed or officially associated;]
90 [(B) at an official athletic training, practice, or competition site; and]
91 [(C) that are within the scope of the individual's certification; and]
92 [(k)] (j) a law enforcement officer, as defined under Section 53-13-103 , who:
93 (i) is operating a voice stress analyzer in the course of the officer's full-time
94 employment with a federal, state, or local law enforcement agency;
95 (ii) has completed the manufacturer's training course and is certified by the
96 manufacturer to operate that voice stress analyzer; and
97 (iii) is operating the voice stress analyzer in accordance with Section 58-64-601 ,
98 regarding deception detection instruments.
99 (2) (a) A practitioner temporarily in this state who is exempted from licensure under
100 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
101 practitioner derives authority to practice.
102 (b) Violation of [any] a limitation imposed by this section constitutes grounds for
103 removal of exempt status, denial of license, or other disciplinary proceedings.
104 (3) An individual who is licensed under a specific chapter of this title to practice or
105 engage in an occupation or profession may engage in the lawful, professional, and competent
106 practice of that occupation or profession without additional licensure under other chapters of
107 this title, except as otherwise provided by this title.
108 (4) Upon the declaration of a national, state, or local emergency, a public health
109 emergency as defined in Section 26-23b-102 , or a declaration by the President of the United
110 States or other federal official requesting public health-related activities, the division in
111 collaboration with the board may:
112 (a) suspend the requirements for permanent or temporary licensure of [persons]
113 individuals who are licensed in another state. [Persons] Individuals exempt under this

114 Subsection (4)(a) [shall be] are exempt from licensure for the duration of the emergency while
115 engaged in the scope of practice for which they are licensed in the other state;
116 (b) modify, under the circumstances described in this Subsection (4) and Subsection
117 (5), the scope of practice restrictions under this title for [persons] individuals who are licensed
118 under this title as:
119 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
120 Osteopathic Medical Practice Act;
121 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
122 Compact;
123 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
124 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
125 Pharmacy Practice Act;
126 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act; and
127 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
128 Practice Act;
129 (c) suspend the requirements for licensure under this title and modify the scope of
130 practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
131 services personnel or paramedics required to be certified under Section 26-8a-302 ;
132 (d) suspend requirements in Subsections 58-17b-620 (3) through (6) which require
133 certain prescriptive procedures; and
134 (e) exempt or modify the requirement for licensure of [a person] an individual who is
135 activated as a member of a medical reserve corps during a time of emergency as provided in
136 Section 26A-1-126 .
137 (5) [Persons] Individuals exempt under Subsection (4)(c) and [persons] individuals
138 operating under modified scope of practice provisions under Subsection (4)(b):
139 (a) [shall be] are exempt from licensure or subject to modified scope of practice for the
140 duration of the emergency;
141 (b) must be engaged in the distribution of medicines or medical devices in response to

142 the emergency or declaration; and
143 (c) must be employed by or volunteering for a local or state department of health.
144 Section 2. Section 58-40a-101 is enacted to read:
145 CHAPTER 40a. ATHLETIC TRAINER LICENSING ACT
146 Part 1. General Provisions
147 58-40a-101. Title.
148 This chapter is known as the "Athletic Trainer Licensing Act."
149 Section 3. Section 58-40a-102 is enacted to read:
150 58-40a-102. Definitions.
151 In addition to the definitions in Section 58-1-102 , as used in this chapter:
152 (1) "Adequate records" means legible records that contain, at a minimum:
153 (a) the athletic training service plan or protocol;
154 (b) an evaluation of objective findings;
155 (c) the plan of care and the treatment records; or
156 (d) written orders.
157 (2) "Athlete" means an individual, referee, coach, or athletic staff member who
158 participates in exercises, sports, or games requiring physical strength, agility, flexibility, range
159 of motion, speed, or stamina, and the exercises, sports, or games are of a type generally
160 conducted in association with an educational institution or professional, amateur, or
161 recreational sports club or organization.
162 (3) "Athletic injury" means:
163 (a) an injury sustained by an athlete that affects the individual's participation or
164 performance in sports, games, recreation, or exercise; or
165 (b) a condition that is within the scope of practice of an athletic trainer identified by a
166 directing physician or physical therapist as benefitting from athletic training services.
167 (4) "Athletic trainer" means an individual who is licensed under this chapter and
168 carries out the practice of athletic training.
169 (5) "Board" means the Athletic Trainers Licensing Board created in Section

170 58-40a-201 .
171 (6) "Directing physician" means a physician and surgeon licensed under Section
172 58-67-301 , an osteopathic physician and surgeon licensed under Section 58-68-301 , a
173 chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, a
174 naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act, or
175 dentist licensed under Section 58-69-301 who, within the licensee's scope of practice and
176 individual competency, is responsible for the athletic training services provided by the athletic
177 trainer and oversees the practice of athletic training by the athletic trainer, as established by
178 board rule.
179 (7) The "practice of athletic training" means the application by a licensed and certified
180 athletic trainer of principles and methods of:
181 (a) prevention of athletic injuries;
182 (b) recognition, evaluation, and assessment of athletic injuries and conditions;
183 (c) immediate care of athletic injuries, including common emergency medical
184 situations;
185 (d) rehabilitation and reconditioning of athletic injuries;
186 (e) athletic training services administration and organization; and
187 (f) education of athletes.
188 Section 4. Section 58-40a-103 is enacted to read:
189 58-40a-103. Duties of directing physician.
190 A directing physician shall provide direction to an athletic trainer by a verbal order
191 when in the presence of the athletic trainer and by written order or by athletic training service
192 plans or protocols when a directing physician is not present.
193 Section 5. Section 58-40a-201 is enacted to read:
194 Part 2. Board
195 58-40a-201. Board composition -- Duties and responsibilities.
196 (1) There is created the Athletic Trainers Licensing Board consisting of four licensed
197 athletic trainers, one member representative of the directing physicians referred to in

198 Subsection 58-40a-102(6), and one member of the general public who has never been
199 authorized to practice a healing art and never had a substantial personal, business, professional,
200 or pecuniary connection with a healing art or with a medical education or health care facility,
201 except as a client or potential client.
202 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
203 (3) The board shall carry out the duties and responsibilities in Sections 58-1-202 and
204 58-1-203 , and shall designate one of its members on a permanent or rotating basis to:
205 (a) assist the division in reviewing complaints concerning the unlawful or
206 unprofessional conduct of a licensee under this chapter; and
207 (b) advise the division of its investigation of these complaints.
208 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
209 in its investigation may be disqualified from participating with the board when the board serves
210 as a presiding officer in an adjudicative proceeding concerning the complaint.
211 Section 6. Section 58-40a-301 is enacted to read:
212 Part 3. Licensing
213 58-40a-301. Licensure required.
214 (1) A license is required to engage in the practice of athletic training, except as
215 specifically provided in Section 58-1-307 or 58-40a-305 .
216 (2) The division shall issue to an individual who qualifies under this chapter a license
217 in the classification of athletic trainer.
218 (3) An individual may not use the title "licensed athletic trainer," or "athletic trainer,"
219 or abbreviations or insignias to imply that the individual is an athletic trainer unless the
220 individual is licensed under this chapter.
221 Section 7. Section 58-40a-302 is enacted to read:
222 58-40a-302. Qualifications for licensure.
223 The division shall issue a license to practice as an athletic trainer to an applicant who:
224 (1) has obtained a bachelor's or advanced degree from an accredited four-year college
225 or university and meets the minimum athletic training curriculum requirement established by

226 the board by rule;
227 (2) has successfully completed the certification examination administered by the Board
228 of Certification Inc. or equivalent examination approved or recognized by the board;
229 (3) is in good standing with and provides documentation of current certification by the
230 Board of Certification Inc. or a nationally recognized credentialing agency approved by the
231 board;
232 (4) submits an application to the division on a form prescribed by the division; and
233 (5) pays the required licensing fee as determined by the department under Section
234 63-38-3.2 .
235 Section 8. Section 58-40a-303 is enacted to read:
236 58-40a-303. Scope of practice.
237 An athletic trainer may:
238 (1) prevent injuries by:
239 (a) designing and implementing physical conditioning programs, which may include:
240 (i) strength and range of motion testing;
241 (ii) nutritional advisement; and
242 (iii) psychosocial intervention and referral;
243 (b) performing preparticipation screening;
244 (c) fitting protective equipment;
245 (d) designing and constructing protective products; and
246 (e) continuously monitoring changes in the environment;
247 (2) recognize and evaluate injuries by:
248 (a) obtaining a history of the injury;
249 (b) inspecting an injured body part and associated structures;
250 (c) palpating bony landmarks and soft tissue structures; and
251 (d) performing clinical tests to determine the extent of an injury;
252 (3) provide immediate care of injuries by:
253 (a) initiating cardiopulmonary resuscitation;

254 (b) administering basic or advanced first aid;
255 (c) removing athletic equipment; and
256 (d) immobilizing and transporting an injured athlete;
257 (4) determine whether an athlete may return to participation or, if the injury requires
258 further definitive care, refer the athlete to the appropriate directing physician;
259 (5) rehabilitate and recondition an injury by administering therapeutic exercise and
260 therapeutic and physical modalities, including cryotherapy, thermotherapy, and intermittent
261 compression, electrical stimulation, ultra sound, traction devices, or mechanical devices as
262 directed by established, written athletic training service plans or protocols or upon the order of
263 a directing physician;
264 (6) provide athletic training services administration, including:
265 (a) implementing athletic training service plans or protocols;
266 (b) writing organizational policies and procedures;
267 (c) complying with governmental and institutional standards; and
268 (d) maintaining records to document services rendered; and
269 (7) educate athletes to facilitate physical conditioning and reconditioning by designing
270 and implementing appropriate programs to minimize the risk of injury.
271 Section 9. Section 58-40a-304 is enacted to read:
272 58-40a-304. Term of license -- Expiration -- Renewal.
273 (1) (a) The division shall issue each license for an athletic trainer in accordance with a
274 two-year renewal cycle established by rule in accordance with Title 63, Chapter 46a, Utah
275 Administrative Rulemaking Act.
276 (b) The division may, by rule, extend or shorten a renewal period by as much as one
277 year to stagger the renewal cycles it administers.
278 (2) Each license automatically expires on the expiration date shown on the license
279 unless the licensee renews it in accordance with Section 58-1-308 .
280 Section 10. Section 58-40a-305 is enacted to read:
281 58-40a-305. Exemptions from licensure.

282 In addition to the exemptions from licensure in Section 58-1-307 , this chapter does not
283 require the licensure of a medical assistant as defined in Section 58-67-102 or 58-68-102 or an
284 individual who assists in an emergency or in providing services for which no fee is
285 contemplated, charged, or received, provided the individual does not hold himself out as an
286 athletic trainer.
287 Section 11. Section 58-40a-401 is enacted to read:
288 Part 4. License Denial and Discipline
289 58-40a-401. Grounds for denial of license.
290 The division may refuse to issue a license to an applicant, refuse to renew the license of
291 a licensee, revoke, suspend, restrict, or place on probation the license of a licensee, issue a
292 public or private reprimand to a licensee, and issue cease and desist orders in accordance with
293 Section 58-1-401 .
294 Section 12. Section 58-40a-501 is enacted to read:
295 Part 5. Unprofessional Conduct
296 58-40a-501. Unprofessional conduct.
297 In addition to the provisions of Subsection 58-1-501 (2), "unprofessional conduct"
298 includes:
299 (1) failing to report to the board an act or omission of a licensee, applicant, or any other
300 individual which violates a provision of this chapter;
301 (2) interfering with an investigation of a disciplinary proceeding by willful
302 misrepresentation of facts or by use of threats or harassment against a client or witness to
303 prevent that individual from providing evidence in a disciplinary proceeding, investigation, or
304 other legal action;
305 (3) failing to maintain client confidentiality unless otherwise required by law;
306 (4) promoting an unnecessary device, treatment, intervention, or service for financial
307 gain by the athletic trainer or a third party; and
308 (5) failing to maintain adequate records.