BILL REQ. #:  S-4978.1 

READ FIRST TIME 02/03/06.   

     AN ACT Relating to athletic trainers; amending RCW 18.130.040 and 48.43.045; and adding a new chapter to Title 18 RCW.

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

NEW SECTION.  Sec. 1   It is the purpose of this chapter to provide for the licensure of persons offering athletic training services to the public and to ensure standards of competence and professional conduct on the part of athletic trainers.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Athlete" means a person who, in association with an educational institution, industrial organization, or professional, amateur, or recreational sports club or organization, participates in physical activity, exercise, recreation, sport, or games requiring physical strength, range-of-motion, flexibility, body awareness and control, speed, stamina, or agility.
     (2) "Athletic injury" means an injury incurred by an athlete that affects the individual's participation or performance in physical activity, exercise, recreation, sport, or games.
     (3) "Athletic trainer" means a person who is licensed to practice athletic training under this chapter and provides athletic training services for the prevention and care of athletic injuries incurred by an athlete through the consultation, correspondence, referral, or service plan of a licensed physician or qualified health care provider.
     (4) "Athletic training services" means the practice of prevention, immediate care, evaluation, treatment, rehabilitation, reconditioning, and management of athletic injuries to maximize an individual's ability to return to a physically active state. "Athletic training services" does not include the use of spinal manipulation or manipulative mobilization of the spine and its immediate articulations.
     (5) "Board" means the board of athletic trainers established in section 4 of this act.
     (6) "Department" means the department of health.
     (7) "Secretary" means the secretary of health or the secretary's designee.
     (8) "Service plan" means a written course of action developed in collaboration with an athletic trainer and a licensed physician or qualified health care practitioner.

NEW SECTION.  Sec. 3   It is unlawful for any person to practice or offer to practice as an athletic trainer, or to represent themselves or other persons to be legally able to provide services as an athletic trainer, unless the person is licensed under the provisions of this chapter.

NEW SECTION.  Sec. 4   (1) The board of athletic trainers is created.
     (2) The board of athletic trainers consists of five members, four of whom must be athletic trainers licensed in this state and one of whom must be a public member.
     (3) The board of athletic trainers must hold at least one meeting each year.
     (4) Each board member shall, in addition to travel expenses in accordance with RCW 43.03.060, be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of their board.
     (5) The department may seek the advice and assistance of the board in administering this chapter, including:
     (a) Advice and recommendations regarding the establishment or implementation of rules related to the administration of this chapter;
     (b) Advice and recommendations regarding developments in the practice of athletic training;
     (c) Advice, recommendations, and consultation regarding case disposition guidelines and priorities related to unprofessional conduct cases regarding the practice of athletic training; and
     (d) Assistance and consultation of individual board members as needed in the review, analysis, and disposition of reports of unprofessional conduct and consumer complaints.

NEW SECTION.  Sec. 5   Nothing in this chapter may prohibit, restrict, or require licensure of:
     (1) Any person licensed, certified, or registered in this state and performing services within the authorized scope of practice;
     (2) The practice by an individual employed by the government of the United States as an athletic trainer while engaged in the performance of duties prescribed by the laws of the United States;
     (3) Any person pursuing a supervised course of study in an accredited athletic training educational program, if the person is designated by a title that clearly indicates a student or trainee status;
     (4) An athletic trainer from another state for purposes of continuing education, consulting, or performing athletic training services while accompanying his or her group, individual, or representatives into Washington state on a temporary basis for no more than ninety days in a calendar year;
     (5) Any elementary, secondary, or postsecondary school teacher, educator, coach, or authorized volunteer who does not represent themselves to the public as an athletic trainer; or
     (6) A personal trainer employed by an athletic club or fitness center.

NEW SECTION.  Sec. 6   An applicant for an athletic trainer license must:
     (1) Have received a bachelor's or advanced degree from an accredited four-year college or university that meets the academic standards of athletic training, accepted by the secretary, as recommended by the board;
     (2) Have earned and maintained an athletic training credential from the national athletic trainers' association board of certification or its successor organization as recommended by the board; and
     (3) Submit an application to the board on forms prescribed by the secretary and pay the licensure fee required under this chapter.

NEW SECTION.  Sec. 7   Upon application and payment of the appropriate licensure fee before July 1, 2007, the secretary shall waive the requirements under section 6 of this act and grant licensure to a person who on the effective date of this section has been actively engaged as an athletic trainer for at least two consecutive years immediately prior to July 1, 2006, and provides:
     (1) Documented proof of employment as an athletic trainer from the applicant's employer;
     (2) Documented proof of current certification in cardiopulmonary resuscitation and first-responder care; and
     (3) Proof of continuing education comparable to that of national athletic trainers' association board of certification certified athletic trainers as recommended by the board.

NEW SECTION.  Sec. 8   In addition to any other authority provided by law, the secretary has the authority to:
     (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter. Any rules adopted must be in consultation with the board;
     (2) Establish all licensing, examination, and renewal fees in accordance with RCW 43.70.250;
     (3) Establish forms and procedures necessary to administer this chapter;
     (4) Issue licenses to applicants who have met the education, training, and examination requirements for licensure and to deny a license to applicants who do not meet the requirements;
     (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter;
     (6) Designate a national examination recommended by the board as the required examination for applicants for licensure;
     (7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states without examination; and
     (8) Maintain the official record of all applicants and licensees.

NEW SECTION.  Sec. 9   (1) Any athletic trainer licensed under this chapter not practicing athletic training or providing services may place his or her license in an inactive status. The secretary, upon recommendation of the board, shall establish requirements for maintaining an inactive status, and converting from an inactive or active status and may establish fees for alterations in licensing status.
     (2) The secretary, upon recommendation of the board, shall issue a temporary practice permit under RCW 18.130.075.

NEW SECTION.  Sec. 10   Each applicant and license holder shall comply with administrative procedures, administrative requirements, and fees pursuant to RCW 43.70.250 and 43.70.280. The secretary shall furnish a license upon recommendation of the board to any person who applies and who has qualified under the provisions of this chapter.

NEW SECTION.  Sec. 11   All fees received under the provisions of this chapter shall be deposited in the health professions account created in RCW 43.70.320, and all costs and expenses incurred by the department and the board under the provisions of this chapter must be a charge against and paid from the health professions account for such purposes, and the moneys collected under this chapter must be immediately available for the administration of this chapter.

NEW SECTION.  Sec. 12   The uniform disciplinary act, chapter 18.130 RCW, governs the unlicensed practice, the issuance and denial of license, the holders of temporary permits under this chapter, and the discipline of persons licensed under this chapter. The secretary shall be the disciplining authority under this chapter.

NEW SECTION.  Sec. 13   Nothing in this chapter restricts the ability of athletic trainers to work in the practice setting of his or her choice.

Sec. 14   RCW 18.130.040 and 2004 c 38 s 2 are each amended to read as follows:
     (1) This chapter applies only to the secretary and the boards and commissions 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 and designated apprentices 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 licensed under chapter 18.06 RCW;
     (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
     (ix) Respiratory care practitioners licensed under chapter 18.89 RCW;
     (x) Persons registered under chapter 18.19 RCW;
     (xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW;
     (xii) Persons registered as nursing pool operators under chapter 18.52C RCW;
     (xiii) Nursing assistants registered or certified under chapter 18.88A RCW;
     (xiv) Health care assistants certified under chapter 18.135 RCW;
     (xv) Dietitians and nutritionists certified under chapter 18.138 RCW;
     (xvi) Chemical dependency professionals certified under chapter 18.205 RCW;
     (xvii) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;
     (xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
     (xix) Denturists licensed under chapter 18.30 RCW;
     (xx) Orthotists and prosthetists licensed under chapter 18.200 RCW;
     (xxi) Surgical technologists registered under chapter 18.215 RCW; ((and))
     (xxii) Recreational therapists; and
     (xxiii) Athletic trainers licensed under chapter 18.-- RCW (sections 1 through 13 of this act).
     (b) The boards and commissions having authority under this chapter are as follows:
     (i) The podiatric medical board as established in chapter 18.22 RCW;
     (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;
     (iii) The dental quality assurance commission as established in chapter 18.32 RCW;
     (iv) The board of hearing and speech as established in chapter 18.35 RCW;
     (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
     (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;
     (vii) 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;
     (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;
     (ix) The medical quality assurance commission as established in chapter 18.71 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 nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter;
     (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and
     (xiv) 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. 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.
     (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

Sec. 15   RCW 48.43.045 and 1997 c 231 s 205 are each amended to read as follows:
     Every health plan delivered, issued for delivery, or renewed by a health carrier on and after January 1, 1996, shall:
     (1) Permit every category of health care provider, except athletic trainers licensed under chapter 18.-- RCW (sections 1 through 13 of this act), to provide health services or care for conditions included in the basic health plan services to the extent that:
     (a) The provision of such health services or care is within the health care providers' permitted scope of practice; and
     (b) The providers agree to abide by standards related to:
     (i) Provision, utilization review, and cost containment of health services;
     (ii) Management and administrative procedures; and
     (iii) Provision of cost-effective and clinically efficacious health services.
     (2) Annually report the names and addresses of all officers, directors, or trustees of the health carrier during the preceding year, and the amount of wages, expense reimbursements, or other payments to such individuals. This requirement does not apply to a foreign or alien insurer regulated under chapter 48.20 or 48.21 RCW that files a supplemental compensation exhibit in its annual statement as required by law.

NEW SECTION.  Sec. 16   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.

NEW SECTION.  Sec. 17   Sections 1 through 13 of this act constitute a new chapter in Title 18 RCW.