HB 763

1	A bill to be entitled
2	An act relating to high school athletic trainers; amending
3	s. 468.705, F.S.; providing for the adoption of rules by
4	the Board of Athletic Training within the Department of
5	Health; amending s. 468.711, F.S.; requiring certain
6	continuing education for licensed athletic trainers on the
7	prevention and emergency management of concussions and
8	catastrophic spinal cord, neck, and brain injuries;
9	amending s. 1012.46, F.S.; requiring school districts to
10	employ at least one full-time certified athletic trainer
11	at each high school in this state; requiring athletic
12	trainers at high schools to be certified by the National
13	Athletic Trainers' Association; providing a rebuttable
14	presumption that a school district did not negligently
15	employ an athletic trainer for purposes of a civil action
16	for negligence by the athletic trainer if the school
17	district made a good faith effort to comply with the
18	certification requirements for athletic trainers;
19	providing legislative intent; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 468.705, Florida Statutes, is amended
24	to read:
25	468.705  Rulemaking authority.-The board is authorized to
26	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
27	provisions of this part conferring duties upon it. The
28	provisions of s. 456.011(5) shall apply to the board's activity.
29	Such rules shall include, but not be limited to, the allowable
30	scope of practice regarding the use of equipment, procedures,
31	and medication, requirements for a written protocol between the
32	athletic trainer and a supervising physician, licensure
33	requirements, licensure examination, continuing education
34	requirements, fees, records, and reports to be filed by
35	licensees, protocols, certification of high school athletic
36	trainers by the National Athletic Trainers' Association, and any
37	other requirements necessary to regulate the practice of
38	athletic training.
39	Section 2.  Section 468.711, Florida Statutes, is amended
40	to read:
41	468.711  Renewal of license; continuing education.-
42	(1)  The department shall renew a license upon receipt of
43	the renewal application and fee, provided the applicant is in
44	compliance with the provisions of this section, chapter 456, and
45	rules promulgated pursuant thereto.
46	(2)  The board may, by rule, prescribe continuing education
47	requirements, not to exceed 24 hours biennially. The criteria
48	for continuing education shall be approved by the board and
49	shall include a current certificate in cardiovascular pulmonary
50	resuscitation from the American Red Cross or equivalent training
51	as determined by the board and completion of an annual
52	continuing education course on the prevention and emergency
53	management of concussions and catastrophic spinal cord, neck,
54	and brain injuries. The course shall be administered by a
55	company that has the ability to create a curriculum while
56	working with local facilities to coordinate the training,
57	development, and placement of certified athletic trainers.
58	(3)  Pursuant to the requirements of s. 456.034, each
59	licensee shall complete a continuing education course on human
60	immunodeficiency virus and acquired immune deficiency syndrome
61	as part of biennial relicensure.
62	Section 3.  Section 1012.46, Florida Statutes, is amended
63	to read:
64	1012.46  Athletic trainers.-
65	(1)  School districts may establish and implement an
66	athletic injuries prevention and treatment program. Central to
67	this program should be the employment and availability of
68	licensed athletic trainers who are certified by the Board of
69	Certification of the National Athletic Trainers' Association and
70	persons trained in the prevention and treatment of physical
71	injuries that may occur during athletic activities. The program
72	should reflect opportunities for progressive advancement and
73	compensation in employment as provided in subsection (2) and
74	meet certain other minimum standards developed by the Department
75	of Education. The goal of the Legislature is to have School
76	districts must employ and have available at least one a full-
77	time athletic trainer in each high school in the state.
78	(2)  To qualify as an athletic trainer, a person must be
79	certified by the Board of Certification of the National Athletic
80	Trainers' Association and licensed as required by part XIII of
81	chapter 468 and may possess a professional, temporary, part-
82	time, adjunct, or substitute certificate pursuant to s. 1012.35,
83	s. 1012.56, or s. 1012.57.
84	(3)  In a civil action against a school district for the
85	death of, or injury or damage to, an individual which was
86	allegedly caused by the negligence of an athletic trainer and
87	which relates to the treatment of a sports injury by the
88	athletic trainer, there is a rebuttable presumption that the
89	school district was not negligent in employing the athletic
90	trainer if the school district made a good faith effort to
91	comply with the provisions of this section prior to such
92	employment.
93	(4)  It is the intent of this section to create and ensure
94	a designated standard of care for the recognition, prevention,
95	and rehabilitative treatment of high school athletic injuries in
96	this state. To ensure compliance with this standard of care, the
97	management and implementation of this program should be
98	administered by an entity that has the ability to work with
99	local facilities and school districts to coordinate the
100	training, development, and placement of licensed athletic
101	trainers who are certified by the Board of Certification of the
102	National Athletic Trainers' Association.
103	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.