BP BHEAD INT S

AN ACT Relating to athletic trainers; amending RCW 18.130.040 and 7.70.020; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. This act may be known and cited as the Washington athletic trainer's act.

NEW SECTION. Sec. 2. The legislature finds it necessary to license the practice of athletic training and to establish standards of competence and conduct in order to protect the public health and safety.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Athlete" means a person involved in sports, games, recreation, exercise, or skill activities utilizing physical strength, flexibility, agility, range of motion, speed, or stamina.

(2) "Athletic injury" means an injury sustained by a person as a result of that person's participation in sports, games, recreation, exercise, or skill activities utilizing physical strength, flexibility, agility, range of motion, speed, or stamina.

(3) "Athletic trainer" means a sports injury specialist who practices athletic training as defined in this chapter under the direction of an authorized health care practitioner through the prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries.

(4) "Athletic training" means the practice of prevention, recognition, evaluation, management, disposition, treatment, rehabilitation, physical conditioning, or physical reconditioning of athletic injuries under the direction of an authorized health care practitioner and including the use of physical modalities defined in this chapter.

(5) "Authorized health care practitioner" means physicians, osteopathic physicians, naturopaths, podiatric physicians and surgeons, dentists, and, in clinical settings, physical therapists and occupational therapists.

(6) "Department" means the department of health.

(7) "Physical modalities" means the use of physical, chemical, electrical, and other noninvasive modalities including, but not limited to heat, cold, air, light, water in any of its forms, sound, massage, and therapeutic exercise.

(8) "Secretary" means the secretary of health or the secretary's designee.

NEW SECTION. Sec. 4. (1) After January 1, 1994, a person may not practice athletic training without first having a valid license.

(2) A person who is not licensed by the secretary as an athletic trainer under this chapter may not represent or advertise himself or herself as being so licensed and may not use in connection with his or her name the words "athletic trainer," any derivative, additive, or compounding of "athletic trainer," or other words, letters, abbreviations, signs, numbers, or insignia indicating or implying that he or she is an athletic trainer.

(3) This chapter does not prevent a person, including a student athletic trainer or teacher athletic trainer, from providing first aid, preventative care, and referral, or in any way prevent an athletic coach from providing first aid or administering and supervising a normal sports activity.

(4) This chapter does not prohibit a person credentialed in this state under another act from engaging in the practice for which he or she is credentialed.

NEW SECTION. Sec. 5. (1) An athletic trainer whose duties require him or her to practice across state or international boundaries may practice in this state for up to ninety days per year, if the athletic trainer is credentialed in another state or nation with training and certification requirements that the secretary finds are at least equal to the requirements of this state.

(2) After practicing for ninety days in one year in this state, an athletic trainer from another state or country shall, within thirty days, apply for licensure if he or she intends to continue to practice as an athletic trainer in this state, during which period he or she may continue to practice if his or her credentials remain valid.

NEW SECTION. Sec. 6. After January 1, 1994, the secretary shall license as an athletic trainer and furnish a license to each applicant who successfully complies with the conditions and requirements set forth in this chapter for licensure as an athletic trainer.

NEW SECTION. Sec. 7. To be licensed as an athletic trainer, an applicant for licensure as an athletic trainer:

(1) Shall be at least eighteen years of age;

(2) Shall be a citizen or resident alien of the United States;

(3) Shall submit an application in the form approved by the secretary;

(4) Shall have a baccalaureate or graduate degree from a college or university with an athletic training curriculum recognized by a national athletic training accrediting body and approved by the secretary;

(5) Shall meet the standards of practice established or adopted by the secretary;

(6) Shall pass an examination approved by the secretary. The examination must test the applicant's knowledge of the basic and clinical sciences as they apply to athletic training theory and practice, including the applicant's professional skills and judgment in the utilization of athletic training techniques and methods, and other subjects the secretary deems useful to determine the applicant's fitness to act as a licensed athletic trainer. The examination must be conducted at least once a year at times and places to be reasonably accessible to applicants from the state of Washington;

(7) Shall pay the required fee; and

(8) May not have been convicted of a crime in any jurisdiction, if the secretary determines that the applicant's particular crime directly relates to the applicant's capacity to perform the duties of an athletic trainer and the secretary determines that the license should be withheld to protect the citizens of Washington state.

NEW SECTION. Sec. 8. The secretary has the following powers and duties:

(1) To adopt, amend, and rescind rules necessary for the implementation of this chapter;

(2) To issue licenses to qualified applicants or qualified athletic trainers from other jurisdictions;

(3) To deny licenses to unqualified applicants and to revoke, rescind, suspend, or not renew licenses to license holders who fail to remain qualified or violate the provisions of this chapter;

(4) To approve forms for license application and renewal;

(5) To establish and administer requirements for licensure of athletic trainers under this chapter;

(6) To establish or adopt standards of practice for athletic trainers;

(7) To establish and administer requirements necessary for continuing competency, proof of which shall be a prerequisite for renewing a license under this chapter;

(8) To keep a permanent and official record of all proceedings under this chapter;

(9) To keep an official record, to be available to the public upon request, of the names and addresses of all licensed athletic trainers;

(10) To establish and collect license, license renewal, and examination fees;

(11) To establish and collect penalties for violations of this chapter; and

(12) To conduct an examination or adopt an examination conducted by a nationally recognized athletic trainer accrediting body whose credentialing program is approved by a national commission for certifying agencies for the purposes of testing the applicant's knowledge of the basic and clinical sciences as they apply to athletic training.

NEW SECTION. Sec. 9. A license issued under this chapter is subject to renewal on a periodic basis and expires unless renewed in a manner established by the secretary. The secretary may issue a license initially, with the fee prorated, for three years or less in order to synchronize licensure with any continuing professional competency requirements under this chapter.

NEW SECTION. Sec. 10. (1) The secretary shall issue a license to a person actively engaged and employed in this state as an athletic trainer for twelve months previous to the effective date of this act if the person submits an application, meets the requirements for licensure under this chapter, pays the licensing fee, and is approved by the secretary.

(2) An individual actively engaged as an athletic trainer shall apply for licensure under this section within ninety days from the effective date of this act.

NEW SECTION. Sec. 11. The secretary shall issue a license to a person who does not meet the educational requirements of this chapter if the person:

(1) Applies for a license under this chapter;

(2) Pays the required fee under this chapter;

(3) Practices in this state;

(4) Has three consecutive years of employment in athletic training in Washington state, all of which have served professional sports, including but not limited to junior A tier one hockey, the national basketball association, and professional horse racing thoroughbred race meets that exceed thirty days per year; and

(5) Is approved by the secretary.

NEW SECTION. Sec. 12. An applicant holding credentials in another state or foreign jurisdiction may be granted a Washington license without examination, if, in the opinion of the secretary, the other state's or foreign jurisdiction's examination and educational requirements are substantially equivalent to Washington's and the applicant demonstrates to the satisfaction of the secretary a working knowledge of Washington law pertaining to the practice of athletic training. The applicant shall provide proof in a manner approved by the secretary that the examination and requirements are equivalent to Washington's, meet the other qualifying requirements of this chapter, and pay an appropriate fee determined by the secretary under RCW 43.70.250.

NEW SECTION. Sec. 13. The secretary shall consult with Washington athletic trainers or their duly designated representative or organization during implementation of the provisions of this chapter and in the adoption of rules under this chapter. The consultation may take the form of an advisory committee.

NEW SECTION. Sec. 14. The uniform disciplinary act, chapter 18.130 RCW, governs:

(1) Unlicensed practice;

(2) The issuance, renewal, revocation, and denial of licenses; and

(3) The discipline of licensees

under this chapter.

NEW SECTION. Sec. 15. The secretary, in implementing and administering the provisions of this chapter, shall act in accordance with the administrative procedure act, chapter 34.05 RCW.

NEW SECTION. Sec. 16. (1) The provisions of this chapter relating to the licensing of athletic trainers are exclusive. A governmental subdivision of this state may not enact a law or rule licensing athletic trainers for regulatory purposes, except as provided in subsections (2) and (3) of this section.

(2) This section does not prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon athletic trainers, if the fee or tax is levied by the state on other types of businesses within its boundaries.

(3) This section does not prevent this state or a political subdivision of this state from licensing for regulatory purposes athletic trainers with respect to activities that are not regulated under this chapter.

NEW SECTION. Sec. 17. The secretary shall deposit all fees collected under this chapter into the health professions account, and shall provide for the expenses incurred under this chapter from moneys in the account under RCW 43.70.320.

Sec. 18. RCW 18.130.040 and 1992 c 128 s 6 are each amended to read as follows:

(1) This chapter applies only to the secretary and the boards having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists certified under chapter 18.06 RCW;

(viii) Radiologic technologists certified under chapter 18.84 RCW;

(ix) Respiratory care practitioners certified under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators;

(xii) Nursing assistants registered or certified under chapter ((~~18.52B~~)) 18.88A RCW;

(xiii) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xiv) Sex offender treatment providers certified under chapter 18.155 RCW; ((~~and~~))

(xv) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205; and

(xvi) Athletic trainers licensed under chapter 18.-- RCW (sections 1 through 17 of this act).

(b) The boards having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic disciplinary board as established in chapter 18.26 RCW governing licenses issued under chapter 18.25 RCW;

(iii) The dental disciplinary board as established in chapter 18.32 RCW;

(iv) The council on hearing aids as established in chapter 18.35 RCW;

(v) The board of funeral directors and embalmers as established in chapter 18.39 RCW;

(vi) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vii) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(viii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(ix) The medical disciplinary board as established in chapter 18.72 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The board of practical nursing as established in chapter 18.78 RCW;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

(xiv) The board of nursing as established in chapter 18.88 RCW; and

(xv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. However, the board of chiropractic examiners has authority over issuance and denial of licenses provided for in chapter 18.25 RCW, the board of dental examiners has authority over issuance and denial of licenses provided for in RCW 18.32.040, and the board of medical examiners has authority over issuance and denial of licenses and registrations provided for in chapters 18.71 and 18.71A RCW. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

Sec. 19. RCW 7.70.020 and 1985 c 326 s 27 are each amended to read as follows:

As used in this chapter "health care provider" means either:

(1) A person licensed by this state to provide health care or related services, including, but not limited to, a certified acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((~~podiatrist~~)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, midwife, osteopathic physician's assistant, nurse practitioner, ((or)) physician's trained mobile intensive care paramedic, or athletic trainer, including, in the event such person is deceased, his estate or personal representative;

(2) An employee or agent of a person described in part (1) above, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his estate or personal representative; or

(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his employment, including in the event such officer, director, employee, or agent is deceased, his estate or personal representative.

NEW SECTION. Sec. 20. Sections 1 through 17 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 21. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.