Florida Senate - 2011                                    SB 1176
       
       
       
       By Senator Ring
       
       
       
       
       32-00161F-11                                          20111176__
    1                        A bill to be entitled                      
    2         An act relating to high school athletic trainers;
    3         amending s. 1012.46, F.S.; encouraging school
    4         districts to employ at least one full-time certified
    5         athletic trainer at each high school in this state;
    6         requiring athletic trainers at high schools to be
    7         certified by the Board of Certification of the
    8         National Athletic Trainers’ Association; providing a
    9         rebuttable presumption that a school district did not
   10         negligently employ an athletic trainer for purposes of
   11         a civil action for negligence by the athletic trainer
   12         if the school district made a good faith effort to
   13         comply with the certification requirements for
   14         athletic trainers; providing legislative intent;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 1012.46, Florida Statutes, is amended to
   20  read:
   21         1012.46 Athletic trainers.—
   22         (1) School districts may establish and implement an
   23  athletic injuries prevention and treatment program. Central to
   24  this program should be the employment and availability of
   25  licensed athletic trainers who are certified by the Board of
   26  Certification of the National Athletic Trainers’ Association and
   27  persons trained in the prevention and treatment of physical
   28  injuries that may occur during athletic activities. The program
   29  should reflect opportunities for progressive advancement and
   30  compensation in employment as provided in subsection (2) and
   31  meet certain other minimum standards developed by the Department
   32  of Education. The goal of the Legislature is to have School
   33  districts employ and have available at least one a full-time
   34  athletic trainer in each high school in the state that
   35  participates in sports.
   36         (2) To qualify as an athletic trainer, a person must be
   37  certified by the Board of Certification and licensed as required
   38  by part XIII of chapter 468 and may possess a professional,
   39  temporary, part-time, adjunct, or substitute certificate
   40  pursuant to s. 1012.35, s. 1012.56, or s. 1012.57.
   41         (3) In a civil action against a school district for the
   42  death of, or injury or damage to, an individual which was
   43  allegedly caused by the negligence of an athletic trainer and
   44  which relates to the treatment of a sports injury by the
   45  athletic trainer, there is a rebuttable presumption that the
   46  school district was not negligent in employing the athletic
   47  trainer if the school district made a good faith effort to
   48  comply with the provisions of this section prior to such
   49  employment.
   50         (4) It is the intent of this section to create and ensure a
   51  designated standard of care for the recognition, prevention, and
   52  rehabilitative treatment of high school athletic injuries in
   53  this state. To ensure compliance with this standard of care, the
   54  management and implementation of this program should be
   55  administered by an entity that has the ability to work with
   56  local facilities and school districts to coordinate the
   57  training, development, and placement of licensed athletic
   58  trainers who are certified by the Board of Certification.
   59         Section 2. This act shall take effect July 1, 2011.
   60