AN ACT Relating to athletic trainers; adding a new chapter to Title 18 RCW; prescribing penalties; making an appropriation; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. This chapter may be known and cited as the Washington athletic trainers act.

NEW SECTION. Sec. 2. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Athletic trainer" means a person with the specific qualifications set forth in section 9 of this act, who, upon the direction of a physician or consulting physician, carries out the practice of prevention or physical reconditioning of injuries, using modalities such as heat, light, sound, cold, electricity, exercise, or mechanical devices related to care and reconditioning, incurred by persons involved in athletic activities.

(2) "Board" means the Washington board of athletic trainers.

(3) "Director" means the director of licensing.

NEW SECTION. Sec. 3. (1) Nothing in this chapter authorizes the practice of medicine, or any of its branches, by any person not so licensed by the state board of medical examiners.

(2) This chapter does not apply to physicians licensed under chapter 18.71 RCW, to dentists licensed under chapter 18.32 RCW who confine their practice to dentistry, to optometrists licensed under chapter 18.53 RCW who confine their practice to optometry, to occupational therapists who confine their practice to occupational therapy, to nurses licensed under chapter 18.78 RCW, to chiropodists and podiatrists licensed under chapter 18.22 RCW who confine their practice to chiropody or podiatry, to physical therapists licensed under chapter 18.74 RCW who confine their practice to physical therapy, to masseurs or masseuses in their particular sphere of labor, nor to commissioned or contract physicians, physical therapists, or physical therapists' assistants in the United States Army, Navy, Air Force, or Public Health and Marine Health Service.

NEW SECTION. Sec. 4. The governor, with the consent of the senate, shall appoint the members of the Washington board of athletic trainers, which shall be composed of three licensed athletic trainers, two physical therapists licensed under chapter 18.74 RCW, and two physicians licensed to practice medicine in all its branches. In making appointments to the board, the governor shall consider recommendations made by professional organizations of athletic trainers and physicians. Each appointee shall be licensed and practicing in Washington, except that the governor, in appointing the athletic trainer members of the first board, may appoint any practicing athletic trainer who possesses the qualifications required by section 9 of this act. The board may require, by rule, necessary additional qualifications for licensure.

The members of the board shall be appointed for terms of four years, except that in making the initial appointments, the governor shall designate one trainer member and one physician member to serve four years; one trainer member, one physician member, and one physical therapist member to serve three years; and one trainer member and one physical therapist member to serve two years. In the event of death, resignation, or removal of any member, the vacancy shall be filled for the unexpired term.

The board shall elect from its members for a term of one year a chairperson and vice chairperson, and may appoint committees as it considers necessary to carry out its duties. The board shall meet as necessary, but no less than semiannually. Additional meetings may be held on the call of the chairperson or at the written request of three members of the board. The quorum required for any meeting of the board is three members. No action by the board or its members has any effect unless a quorum of the board is present.

The director of licensing shall provide office, staff, and other assistance to the board.

NEW SECTION. Sec. 5. The board has the following powers and duties:

(1) To make rules consistent with this chapter which are necessary for the performance of its duties;

(2) To prescribe application forms for license applicants;

(3) To establish guidelines for athletic trainers in the state and to prepare and conduct an examination for applicants for a license;

(4) To keep a complete record of all licensed athletic trainers and to prepare annually a roster showing the names and addresses of all licensed athletic trainers, and to make available a copy of such roster to any person requesting it on payment of a fee established by the board sufficient to cover the costs of the roster or to government offices without cost;

(5) To keep a permanent record of all proceedings under this chapter;

(6) To adopt an official seal and forms of a license certificate of suitable design and to issue licenses to qualified applicants;

(7) To conduct hearings to deny, revoke, suspend, or refuse renewal of licenses under this chapter, and to issue subpoenas to compel witnesses to testify or produce evidence at such hearings;

(8) To consult when requested by universities, colleges, community colleges, and high schools, and give guidance on curriculum development and athlete injury care and prevention; and

(9) To require community service by licensed athletic trainers in educating coaches, staff, and athletes in injury prevention and treatment, upgrading the health care delivery system of the secondary schools, consulting athletes in proper medical care when the individual is unable to otherwise obtain advice, and assisting physicians in identifying injuries and in making the decision on the return of the athlete to normal athletic activities according to Washington interscholastic activities association regulations.

NEW SECTION. Sec. 6. No member of the board is liable to civil action for any act performed in good faith in the execution of his duties as a member of the board.

NEW SECTION. Sec. 7. Members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060 which are incurred in the performance of the duties under this chapter.

NEW SECTION. Sec. 8. (1) No person may use the title of "athletic trainer" or perform any of the activities of an athletic trainer as defined in this chapter without first obtaining a license under this chapter.

(2) No person performing the activities of an athletic trainer may directly charge an athlete for his services except as agent for the clinic, educational institution, professional athletic association, athletic club, or other organization by whom he is employed.

NEW SECTION. Sec. 9. (1) No applicant for an athletic trainer license may be licensed unless the person has graduated from an accredited college or university and has met the following athletic training curriculum requirements, in addition to any others as may be established by the board: Anatomy; physiology; physiology of exercise; applied anatomy and kinesiology; psychology (two courses); first aid and CPR; nutrition; remedial exercise; personal, community, and school health; techniques of athletic training; advanced techniques of athletic training; and supervised clinical experience (eight hundred hours of which no more than two hundred hours may be outside of a training room setting) over a minimum of a two-year period.

(2) Subsection (1) of this section notwithstanding, an applicant may be licensed as an athletic trainer by showing proof, acceptable to the board, of experience commensurate with the requirements of subsection (1) of this section.

(3) Except as provided in section 18 of this act, an out-of-state applicant shall meet the requirements of subsection (1) or (2) of this section and shall submit proof of active engagement as an athletic trainer in the state as set forth in section 17 of this act.

NEW SECTION. Sec. 10. The board shall establish examination, license, and license renewal fees for applicants for athletic trainer licenses sufficient to cover administrative costs.

NEW SECTION. Sec. 11. An applicant for an athletic trainer license shall submit an application to the board on forms prescribed by the board with the examination fee required under section 10 of this act.

The applicant is entitled to an athletic trainer license if he meets the requirements enumerated in section 9 of this act, satisfactorily completes all requirements established by the board, pays the license fee, and has not committed an act which constitutes grounds for denial of a license under section 13 of this act.

NEW SECTION. Sec. 12. An initial license issued under this chapter expires three years from the date of issuance. Licenses shall be renewed annually thereafter according to procedures established by the board and upon payment of the renewal fee.

NEW SECTION. Sec. 13. The board may refuse to issue a license to an applicant or may suspend, revoke, or refuse to renew the license of any licensee if he has:

(1) Been convicted of a felony or misdemeanor involving moral turpitude, the record of conviction being conclusive evidence of conviction, unless the board determines, after investigation, that the person has been sufficiently rehabilitated to warrant the public trust;

(2) Secured a license under this chapter by fraud or deceit; or

(3) Violated or conspired to violate this chapter or rules issued pursuant to this chapter.

NEW SECTION. Sec. 14. Any person whose application for a license or for renewal of a license is denied or whose license is being suspended or revoked is entitled to a hearing according to procedures established in chapter 34.04 RCW.

NEW SECTION. Sec. 15. All final administrative decisions of the board under this chapter are subject to judicial review as provided in chapter 34.04 RCW.

NEW SECTION. Sec. 16. Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable as provided in chapter 9A.20 RCW.

NEW SECTION. Sec. 17. Any person actively engaged as an athletic trainer on the effective date of this act shall be issued a license if he submits an application, pays the license fee required by this chapter, and is approved by the board.

For the purpose of this section, a person is actively engaged as an athletic trainer if he is employed on a salary basis by an educational institution, professional athletic organization, sanctioned amateur athletic organization for the duration of the institution's school year or the length of the athletic organization's season, athletic club, or clinic approved by the board, and performs the duties of athletic trainer as a major responsibility of his employment or if he is certificated by the National Athletic Trainers Association.

Applications for a license under this section shall be made within ninety days from the effective date of this act.

NEW SECTION. Sec. 18. The board shall license as an athletic trainer any person who is an athletic trainer licensed under the laws of another state or territory, or the District of Columbia, if the qualifications for such licensure are substantially equal to the requirements under this chapter, upon payment of the license fee required by this chapter, if the other state or territory or the District of Columbia grants a similar privilege for athletic trainers licensed in this state.

NEW SECTION. Sec. 19. There is appropriated from the general fund to the board of athletic trainers for the biennium ending June 30, 1987, the sum of ..... dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 20. Sections 1 through 18 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 21. This act shall take effect September 1, 1985.