BILL REQ. #:  H-3228.1 

Read first time 01/17/14.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to athletic trainers; and amending RCW 18.250.010, 18.250.020, and 18.250.070.

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

Sec. 1   RCW 18.250.010 and 2007 c 253 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Athlete" means a person who participates in exercise, recreation, sport, or games requiring physical strength, range-of-motion, flexibility, body awareness and control, speed, stamina, or agility, and the exercise, recreation, sports, or games are of a type conducted in association with an educational institution or professional, amateur, or recreational sports club or organization.
     (2) "Athletic injury" means an injury or condition sustained by an athlete that affects the person's participation or performance in exercise, recreation, sport, or games and the injury or condition is within the professional preparation and education of an athletic trainer.
     (3) "Athletic trainer" means a person who is licensed under this chapter. An athletic trainer can practice athletic training through the consultation, referral, or guidelines of a licensed health care provider working within their scope of practice.
     (4)(a) "Athletic training" means the application of the following principles and methods as provided by a licensed athletic trainer:
     (i) Risk management and prevention of athletic injuries through preactivity screening and evaluation, educational programs, physical conditioning and reconditioning programs, application of commercial products, use of protective equipment, promotion of healthy behaviors, and reduction of environmental risks;
     (ii) Recognition, evaluation, and assessment of athletic injuries by obtaining a history of the athletic injury, inspection and palpation of the injured part and associated structures, and performance of specific testing techniques related to stability and function to determine the extent of an injury;
     (iii) Immediate care of athletic injuries, including emergency medical situations through the application of first-aid and emergency procedures and techniques for nonlife-threatening or life-threatening athletic injuries;
     (iv) Treatment, rehabilitation, and reconditioning of athletic or work-related injuries through the application of physical agents and modalities, therapeutic activities and exercise, standard reassessment techniques and procedures, commercial products, and educational programs, in accordance with guidelines established with a licensed health care provider as provided in RCW 18.250.070; and
     (v) Referral of an athlete to an appropriately licensed health care provider if the athletic injury requires further definitive care or the injury or condition is outside an athletic trainer's scope of practice, in accordance with RCW 18.250.070.
     (b) "Athletic training" does not include:
     (i) The use of spinal adjustment or manipulative mobilization of the spine and its immediate articulations;
     (ii) Orthotic or prosthetic services with the exception of evaluation, measurement, fitting, and adjustment of temporary, prefabricated or direct-formed orthosis as defined in chapter 18.200 RCW;
     (iii) The practice of occupational therapy as defined in chapter 18.59 RCW;
     (iv) The practice of ((acupuncture)) East Asian medicine as defined in chapter 18.06 RCW;
     (v) Any medical diagnosis; and
     (vi) Prescribing legend drugs or controlled substances, or surgery.
     (5) "Committee" means the athletic training advisory committee.
     (6) "Department" means the department of health.
     (7) "Licensed health care provider" means a physician, physician assistant, osteopathic physician, osteopathic physician assistant, advanced registered nurse practitioner, naturopath, physical therapist, chiropractor, dentist, massage practitioner, acupuncturist, occupational therapist, or podiatric physician and surgeon.
     (8) "Secretary" means the secretary of health or the secretary's designee.

Sec. 2   RCW 18.250.020 and 2007 c 253 s 3 are each amended to read as follows:
     (1) In addition to any other authority provided by law, the secretary may:
     (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
     (b) Establish all license, examination, and renewal fees in accordance with RCW 43.70.250;
     (c) Establish forms and procedures necessary to administer this chapter;
     (d) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280. All fees collected under this section must be credited to the health professions account as required under RCW 43.70.320;
     (e) Develop and administer, or approve, or both, examinations to applicants for a license under this chapter;
     (f) Establish continuing education requirements by rule;
     (g) Issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. However, denial of licenses based on unprofessional conduct or impaired practice is governed by the uniform disciplinary act, chapter 18.130 RCW;
     (((g))) (h) In consultation with the committee, approve examinations prepared or administered by private testing agencies or organizations for use by an applicant in meeting the licensing requirements under RCW 18.250.060;
     (((h))) (i) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states that have successfully fulfilled the requirements of RCW 18.250.080;
     (((i))) (j) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;
     (((j))) (k) Maintain the official department record of all applicants and licensees; and
     (((k))) (l) Establish requirements and procedures for an inactive license.
     (2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

Sec. 3   RCW 18.250.070 and 2007 c 253 s 8 are each amended to read as follows:
     (1) Except as necessary to provide emergency care of athletic injuries, an athletic trainer shall not provide treatment, rehabilitation, or reconditioning services to any person except as specified in guidelines established with a licensed health care provider who is licensed to perform the services provided in the guidelines.
     (2) If there is no improvement in an athlete who has sustained an athletic injury or in a worker who has sustained a work-related injury within fifteen days of initiation of treatment, rehabilitation, or reconditioning, the athletic trainer must refer the athlete or worker to a licensed health care provider that is appropriately licensed to assist the athlete or worker.
     (3) If an athletic injury or work-related injury requires treatment, rehabilitation, or reconditioning for more than forty-five days, the athletic trainer must consult with, or refer the athlete or worker to, a licensed health care provider. The athletic trainer shall document the action taken.