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 licensed by the board as an athletic trainer who has met the requirements of this chapter and the rules promulgated by the board and who practices athletic training at an approved private or public secondary school, private college or university, state institution of higher education, or with a professional athletic team.

(2) "Athletic training" means the practice of physical conditioning and reconditioning of athletes and the prevention of injuries incurred by athletes.

(3) "Athlete" means an individual who participates in an interscholastic, intercollegiate, or intramural athletic activity being conducted by an approved private or public secondary school, private college or university, state institution of higher education, or an athletic activity with a professional athletic team.

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

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

NEW SECTION. Sec. 3. Nothing in this chapter shall prohibit any person licensed to practice in a field from practicing that which he or she is licensed to practice or from using the title of athletic trainer regardless of the place of employment if such person otherwise meets the requirements of this chapter.

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 athletic trainers licensed pursuant to this chapter, one physical therapist licensed under chapter 18.74 RCW, and one person from the public at large who has a demonstrated interest in the rights of persons who receive athletic training services. In making appointments to the board, the governor shall consider recommendations made by professional organizations. Each professional 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 members of the board shall be appointed for terms of three years, except that in making the initial appointments, the governor shall designate two members to serve three years; two members to serve two years; and one member to serve one year. In the event of death, resignation, or removal of any member, the vacancy shall be filled by the board 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 shall provide office, staff, and other assistance as the board may require.

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 director 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 secondary schools, and give guidance on curriculum development and athlete injury care and prevention;

(9) To adopt a code of ethics and standards of practice; and

(10) To establish and administer requirements for continuing professional education as may be necessary or proper to ensure the public health and safety and which may be a prerequisite to granting and renewing a license under this chapter.

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 or her duties as a member of the board.

NEW SECTION. Sec. 7. Members of the board shall, in addition to travel expenses under RCW 43.03.050 and 43.03.060, receive compensation for each day actually engaged in the performance of the duties under this chapter, not to exceed fifty dollars per day.

NEW SECTION. Sec. 8. (1) Except as provided in section 3 of this act, 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) An athletic trainer may not practice or be employed by any individual or entity to perform physical therapy.

NEW SECTION. Sec. 9. An applicant for licensure as an athletic trainer shall:

(1) Be a graduate of a college or university approved by the board and have completed the college's or university's curriculum in athletic training, or other curricula deemed acceptable to the board; and shall have completed a program of practical training in athletic training deemed acceptable to the board.

(2) Have passed an examination administered by the board. The examination shall be written, and, in addition, at the discretion of the board, may be oral and demonstrative, and shall 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 as the board may deem useful to determine the applicant's fitness to act as an athletic trainer. The examination shall be conducted at least twice a year at times and places determined by the board.

NEW SECTION. Sec. 10. The director 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 the applicant 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. Licenses issued under this chapter expire two years from the date of issuance.

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 or she 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 34.05 RCW.

NEW SECTION. Sec. 15. All final administrative decisions of the board under this chapter are subject to judicial review as provided in chapter 34.05 RCW.

NEW SECTION. Sec. 16. (1) Any person who violates any provision of this chapter is guilty of a gross misdemeanor and upon conviction is punishable as provided in chapter 9A.20 RCW.

(2) The attorney general's office is authorized to prosecute violations of this chapter.

NEW SECTION. Sec. 17. Any person actively engaged as an athletic trainer on the effective date of this section shall be issued a license if he or she 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 or she has been continuously employed as an athletic trainer for the previous five years by an approved private or public secondary school, private college or university, state institution of higher education, or a professional team from which he or she derives his or her primary source of income or if he or she 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 section.

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

NEW SECTION. Sec. 19. There is appropriated from the general fund to the board of athletic trainers for the biennium ending June 30, 1991, 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 January 1, 1990.

NEW SECTION. Sec. 22. 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.