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