WSR 08-03-066

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed January 14, 2008, 1:45 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-16-068.

Title of Rule and Other Identifying Information: New chapter 246-916 WAC, Licensure requirements for athletic trainers, in the 2007 legislative session, SSB 5503 requires licensure for athletic trainers. SSB 5503 requires the department to create and adopt rules establishing education and examination requirements for athletic trainers.

Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Room 152, Tumwater, WA 98501, on February 29, 2008, at 2:00 p.m.

Date of Intended Adoption: March 14, 2008.

Submit Written Comments to: Jennifer Bressi, P.O. Box 47867, Olympia, WA 98504, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by February 22, 2008.

Assistance for Persons with Disabilities: Contact Jennifer Bressi by February 22, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rules are to establish licensing requirements for athletic trainers. The proposed rules will define minimum education and examination requirements for licensure.

Reasons Supporting Proposal: The proposed rules define minimum education and examination that meet national standards. Rules are needed to implement the intent of the statute.

Statutory Authority for Adoption: RCW 18.250.020.

Statute Being Implemented: Chapter 18.250 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jennifer Bressi, 310 Israel Road, Tumwater, WA 98501, (360) 236-4893.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Briefly Describe the Proposed Rule: SSB 5503 passed in 2007 creates licensure for athletic trainers. The purpose of athletic trainer regulation is to ensure standards of competence and professional conduct of athletic trainers. There are approximately five hundred athletic trainers in Washington state. The proposed rules define education and examination for athletic trainer licensing requirements.

2. Is a Small Business Economic Impact Statement (Sbeis) Required for this Rule? Yes.

3. Which Industries Are Affected by this Rule? The following NAICS Code industries are expected to be affected by this proposed rule:

NAICS Description
61131 Colleges and Universities
61121 Junior Colleges
81392 Professional Organizations
71394 Fitness & Recreation Sports Center
62211 General Medical and Surgical Hospitals
62161 Home Health Care Services

4. What Are the Costs of Complying with this Rule for Small Businesses (Those with Fifty or Fewer Employees) and for the Largest 10% of Businesses Affected? Athletic trainers may come into contact with wounds and need to have appropriate infection control education and training. The average cost of a seven-hour course is $0 to $50.00. There are a variety of courses, on line courses and locations to obtain the education and training.

A national exam ensures minimum knowledge and competency of athletic training. The national examination costs between $410 and $430. Athletic trainers who are currently practicing have already taken this exam. Newly graduating students of athletic trainers also need to take this national exam.

5. Does the Rule Impose a Disproportionate Impact on Small Businesses? No. Passing the national exam is a part of business requirement for currently practicing athletic trainers as well as newly graduating students.

AIDS education and training are the only new costs for athletic trainers to comply with the proposed rules. The average cost of a seven-hour course for AIDS and education is $0 to $50. This cost range is less than the threshold compliance costs associated with these industries.

6. If the Rule Imposes a Disproportionate Impact on Small Businesses, What Efforts Were Taken to Reduce That Impact (Or Why Is it Not "Legal and Feasible" to Do So) By:

(a) Reducing, modifying, or eliminating substantive regulatory requirements? SSB 5503 requires an examination to obtain licensure. The national examination is the only examination currently available.

RCW 70.24.270 requires all health professions to obtain AIDS education.

(b) Simplifying, reducing, or eliminating record-keeping and reporting requirements? Not applicable.

(c) Reducing the frequency of inspections? Not applicable.

(d) Delaying compliance timetables? SSB 5503 become[s] effective July 1, 2008, and requires an examination to obtain licensure. The national examination is the only examination currently available.

RCW 70.24.270 requires all health professions to obtain AIDS education prior to obtaining licensure.

(e) Reducing or modifying fine schedules for noncompliance? Not applicable.

(f) Any other mitigation techniques? Not applicable.

7. How Are Small Businesses Involved in the Development of this Rule? Two rule-writing workshops and an ad hoc rule committee meeting were held and notices were e-mailed and mailed through the United States Postal Service to interested parties.

A copy of the statement may be obtained by contacting Jennifer Bressi, 310 Israel Road, Tumwater, WA 98501, phone (360) 236-4893, fax (360) 664-9077, e-mail jennifer.bressi@doh.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jennifer Bressi, 310 Israel Road, Tumwater, WA 98501, phone (360) 236-4893, fax (360) 664-9077, e-mail jennifer.bressi@doh.wa.gov.

January 14, 2008

Mary C. Selecky

Secretary

OTS-1065.4

Chapter 246-916 WAC

LICENSURE REQUIREMENTS FOR ATHLETIC TRAINERS


NEW SECTION
WAC 246-916-010   Licensure requirements.   To be eligible for licensure, applicants must provide evidence of:

(1) Completion of an approved educational program as determined in WAC 246-916-020; and

(2) Attaining a passing score on the examination administered by the board of certification for athletic trainers (BOC) or its predecessor or successor organization as approved by the secretary; and

(3) Completion of seven clock hours of AIDS education and training as required in chapter 246-12 WAC, Part 8; and

(4) Any other written declarations or documentation, as required by the secretary.

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NEW SECTION
WAC 246-916-020   Approved educational programs.   The secretary recognizes and approves these educational programs:

(1) Courses of instruction conducted by schools that have obtained accreditation of the program in athletic training from the commission on accreditation of athletic training education (CAATE) or its predecessor or successor organization as approved by the secretary; or

(2) Completion of a bachelors or advanced degree attained prior to January 1, 2004, including at a minimum:

(a) Course work in:

(i) Health, such as, nutrition, drugs/substance abuse, health education, personal health and wellness or a course in pathology or pathophysiology or pharmacology is considered an acceptable substitution;

(ii) Human anatomy;

(iii) Kinesiology/biomechanics;

(iv) Human physiology;

(v) Physiology of exercise;

(vi) Basic and advanced athletic training; and

(b) Completion of an internship with a minimum of 1,500 practical hours under direct supervision of a National Athletic Trainers' Association Board of Certification (NATABOC) certified athletic trainer.

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NEW SECTION
WAC 246-916-030   Applicants currently licensed in other states.   Before licensure may be issued to any individual currently licensed to practice as an athletic trainer in another state, as provided in chapter 18.250 RCW, applicants must provide evidence of:

(1) Having met the education requirements for licensure as defined in WAC 246-916-020; and

(2) Attaining a passing score on the examination as defined in WAC 246-916-010; and

(3) Verification of credential from any state; and

(4) Completion of seven clock hours of AIDS education and training as required in chapter 246-12 WAC, Part 8; and

(5) Any other written declarations or documentation, as required by the secretary.

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NEW SECTION
WAC 246-916-040   Inactive license.   A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

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NEW SECTION
WAC 246-916-050   Expired license.   If the license has expired, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

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Washington State Code Reviser's Office