Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 831
       
       
       
       
       
       
                                Barcode 525946                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (7), (8), and (9) of section
    6  468.701, Florida Statutes, are renumbered as subsections (8),
    7  (9), and (10), respectively, and a new subsection (7) is added
    8  to that section, to read:
    9         468.701 Definitions.—As used in this part, the term:
   10         (7) “Board of Certification” means the only nationally
   11  accredited certifying body for athletic trainers.
   12         Section 2. Subsection (2) of section 468.703, Florida
   13  Statutes, is amended to read:
   14         468.703 Board of Athletic Training.—
   15         (2) Five members of the board must be licensed athletic
   16  trainers, certified by the Board of Certification or its
   17  successor agency. One member of the board must be a physician
   18  licensed under chapter 458 or chapter 459. One member of the
   19  board must be a physician licensed under chapter 460. Two
   20  members of the board shall be consumer members, each of whom
   21  must be a resident of this state who has never worked as an
   22  athletic trainer, who has no financial interest in the practice
   23  of athletic training, and who has never been a licensed health
   24  care practitioner as defined in s. 456.001(4).
   25         Section 3. Section 468.707, Florida Statutes, is amended to
   26  read:
   27         468.707 Licensure by examination; requirements.—
   28         (1) Any person desiring to be licensed as an athletic
   29  trainer shall apply to the department on a form approved by the
   30  department. The department shall license each applicant who:
   31         (1)(a) Has completed the application form and remitted the
   32  required fees.
   33         (2)(b) Is at least 21 years of age.
   34         (3)(c) Has obtained a baccalaureate degree from a college
   35  or university accredited by an accrediting agency recognized and
   36  approved by the United States Department of Education or the
   37  Commission on Recognition of Postsecondary Accreditation, or
   38  approved by the board, or recognized by the Board of
   39  Certification or its successor agency.
   40         (4)(d)If initially licensed after January 1, 1998, has
   41  completed an approved athletic training curriculum from a
   42  college or university accredited by a program recognized by the
   43  Board of Certification or its successor agency an accrediting
   44  agency recognized and approved by the United States Department
   45  of Education or the Commission on Recognition of Postsecondary
   46  Accreditation, or approved by the board.
   47         (5)(e) Has current certification in cardiovascular
   48  pulmonary resuscitation with an automated external defibrillator
   49  (AED) from the American Red Cross or, the American Heart
   50  Association, or an equivalent certification as determined by the
   51  board.
   52         (6)(f) Has passed the Board of Certification’s or its
   53  successor agency’s an examination and is certified by that
   54  entity administered or approved by the board.
   55         (2) Pursuant to the requirements of s. 456.034, each
   56  applicant shall complete a continuing education course on human
   57  immunodeficiency virus and acquired immune deficiency syndrome
   58  as part of initial licensure.
   59         Section 4. Section 468.711, Florida Statutes, is amended to
   60  read:
   61         468.711 Renewal of license; continuing education.—
   62         (1) The department shall renew a license upon receipt of
   63  the renewal application and fee, if provided the applicant is in
   64  compliance with the provisions of this section, chapter 456, and
   65  rules promulgated pursuant thereto.
   66         (2) The board may, by rule, prescribe continuing education
   67  requirements, not to exceed 24 hours biennially. The criteria
   68  for continuing education shall be approved by the board and must
   69  shall include a current certificate in cardiovascular pulmonary
   70  resuscitation with AED from the American Red Cross or the
   71  American Heart Association or an equivalent training as
   72  determined by the board.
   73         (3) Pursuant to the requirements of s. 456.034, each
   74  licensee shall complete a continuing education course on human
   75  immunodeficiency virus and acquired immune deficiency syndrome
   76  as part of biennial relicensure.
   77         (4) The licensee must be currently certified by the Board
   78  of Certification or its successor agency.
   79         Section 5. Section 1012.46, Florida Statutes, is amended to
   80  read:
   81         1012.46 Athletic trainers.—
   82         (1) School districts may establish and implement an
   83  athletic injuries prevention and treatment program. Central to
   84  this program should be the employment and availability of
   85  licensed athletic trainers who are certified by the Board of
   86  Certification of the National Athletic Trainers’ Association and
   87  persons trained in the prevention and treatment of physical
   88  injuries that may occur during athletic activities. The program
   89  should reflect opportunities for progressive advancement and
   90  compensation in employment as provided in subsection (2) and
   91  meet certain other minimum standards developed by the Department
   92  of Education. The goal of the Legislature is to have school
   93  districts in the state employ or contract with and have
   94  available a certified full-time athletic trainer for in each
   95  high school that participates in sports in the state.
   96         (2) To qualify as an athletic trainer, a person must be
   97  certified by the Board of Certification and licensed as required
   98  by part XIII of chapter 468 and may possess a professional,
   99  temporary, part-time, adjunct, or substitute certificate
  100  pursuant to s. 1012.35, s. 1012.56, or s. 1012.57.
  101         (3) In a civil action against a school district for the
  102  death of, or injury or damage to, an individual which was
  103  allegedly caused by the negligence of an athletic trainer and
  104  which relates to the treatment of a sports injury by the
  105  athletic trainer, there is a rebuttable presumption that the
  106  school district was not negligent in employing the athletic
  107  trainer if the school district made a good faith effort to
  108  comply with the provisions of this section before such
  109  employment.
  110         (4) It is the intent of this section to create and ensure a
  111  designated standard of care for the recognition, prevention, and
  112  rehabilitative treatment of high school athletic injuries in
  113  this state. To ensure compliance with this standard of care, the
  114  management and implementation of this program should be
  115  administered by entities that have the ability to work with
  116  local facilities and school districts to coordinate the
  117  training, development, and placement of licensed athletic
  118  trainers who are certified by the Board of Certification.
  119         Section 6. This act shall take effect July 1, 2011.
  120  
  121  ================= T I T L E  A M E N D M E N T ================
  122         And the title is amended as follows:
  123         Delete everything before the enacting clause
  124  and insert:
  125                        A bill to be entitled                      
  126         An act relating to high school athletic trainers;
  127         amending s. 468.701, F.S.; providing a definition;
  128         amending s. 468.703, F.S.; revising membership
  129         requirements for the Board of Athletic Training;
  130         amending s. 468.707, F.S.; revising requirements for
  131         licensure by examination for athletic trainers;
  132         amending s. 468.711, F.S.; requiring certification
  133         requirements for license renewal; revising continuing
  134         education requirements for licensure renewal; amending
  135         s. 1012.46, F.S.; encouraging school districts to
  136         employ or contract with certified athletic trainers at
  137         certain high schools in this state; requiring athletic
  138         trainers to be certified by the Board of Certification
  139         of the National Athletic Trainers’ Association;
  140         providing a rebuttable presumption that a school
  141         district is not negligent in employing an athletic
  142         trainer for purposes of a civil action for negligence
  143         against the athletic trainer if the school district
  144         made a good faith effort to comply with the act;
  145         providing legislative intent; providing an effective
  146         date.