Florida Senate - 2015 SB 1526
By Senator Legg
1 A bill to be entitled
2 An act relating to athletic trainers; amending s.
3 468.70, F.S.; revising legislative intent; amending s.
4 468.701, F.S.; revising definitions; amending s.
5 468.703, F.S.; deleting the requirement for the
6 Governor to appoint the initial members of the Board
7 of Athletic Training; amending s. 468.705, F.S.;
8 revising the board’s authorization to adopt certain
9 rules relating to communication between an athletic
10 trainer and a supervising physician; amending s.
11 468.707, F.S.; requiring certain applicants for
12 licensure to submit fingerprints; revising
13 requirements for licensure; authorizing the board to
14 require a background screening for an applicant in
15 certain circumstances; amending s. 468.709, F.S.;
16 deleting the requirement for the board to establish an
17 examination fee; amending s. 468.711, F.S.; revising
18 continuing education requirements for license renewal;
19 amending s. 468.713, F.S.; revising responsibilities
20 of athletic trainers to include requirements that a
21 trainer must practice under the direction of a
22 physician; amending s. 468.715, F.S.; prohibiting
23 sexual misconduct by an athletic trainer; amending s.
24 468.717, F.S.; prohibiting unlicensed persons from
25 practicing athletic training or representing
26 themselves as athletic trainers; prohibiting an
27 unlicensed person from using specified titles;
28 amending s. 468.719, F.S.; revising grounds for
29 disciplinary action; amending s. 468.723, F.S.;
30 providing exemptions; amending s. 456.0135, F.S.;
31 revising general background screening provisions to
32 include athletic trainers; providing an effective
35 Be It Enacted by the Legislature of the State of Florida:
37 Section 1. Section 468.70, Florida Statutes, is amended to
39 468.70 Legislative intent.—It is the intent of the
40 Legislature that athletic trainers practicing in this state meet
41 minimum requirements for safe practice and that an athletic
42 trainer who falls below minimum competency or who otherwise
43 presents a danger to the public be prohibited from practicing in
44 this state
athletes be assisted by persons adequately trained to
45 recognize, prevent, and treat physical injuries sustained during
46 athletic activities. Therefore, It is the further intent of the
47 Legislature to protect the public by licensing and fully
48 regulating athletic trainers.
49 Section 2. Section 468.701, Florida Statutes, is amended to
51 468.701 Definitions.—As used in this part, the term:
52 (1) “Athlete” means a person who participates in an
53 athletic activity.
54 (2) “Athletic activity” means the participation in an
55 activity, conducted by an educational institution, a
56 professional athletic organization, or an amateur athletic
57 organization, involving exercises, sports, games, or recreation
58 requiring any of the physical attributes of strength, agility,
59 flexibility, range of motion, speed, and stamina.
60 (3) “Athletic injury” means an injury sustained which
61 affects the athlete’s ability to participate or perform in
62 athletic activity.
63 (1) (4) “Athletic trainer” means a person licensed under
64 this part who has met the requirements under this part,
65 including education requirements as set forth by the Commission
66 on Accreditation of Athletic Training Education or its successor
67 and necessary credentials from the Board of Certification. An
68 individual who is licensed as an athletic trainer may not
69 provide, offer to provide, or represent that he or she is
70 qualified to provide any care or services that he or she lacks
71 the education, training, or experience to provide, or that he or
72 she is otherwise prohibited by law from providing.
73 (2) (5) “Athletic training” means service and care provided
74 by an athletic trainer under the direction of a physician
75 licensed as specified in s. 468.713. Such service and care
76 includes the prevention, recognition, evaluation, management,
77 disposition, treatment, or rehabilitation of a physically active
78 person who sustained an injury, illness, or other condition
79 while involved in exercise, sport, recreation, or another
80 physical activity. For the provision of such care and services,
81 an athletic trainer may use physical modalities, including, but
82 not limited to, heat, light, sound, cold, electricity, and
83 mechanical devices the recognition, prevention, and treatment of
84 athletic injuries.
85 (3) (6) “Board” means the Board of Athletic Training.
86 (4) (7) “Board of Certification” means the nationally
87 accredited certifying body for athletic trainers or its
88 successor agency.
89 (5) (8) “Department” means the Department of Health.
90 (9) “Direct supervision” means the physical presence of the
91 supervisor on the premises so that the supervisor is immediately
92 available to the trainee when needed.
93 (10) “Supervision” means the easy availability of the
94 supervisor to the athletic trainer, which includes the ability
95 to communicate by telecommunications.
96 Section 3. Section 468.703, Florida Statutes, is amended to
98 468.703 Board of Athletic Training.—
99 (1) The Board of Athletic Training is created within the
100 department and shall consist of nine members appointed by the
101 Governor and confirmed by the Senate.
102 (2) Five members of the board must be licensed athletic
103 trainers, certified by the Board of Certification. One member of
104 the board must be a physician licensed under chapter 458 or
105 chapter 459. One member of the board must be a physician
106 licensed under chapter 460. Two members of the board shall be
107 consumer members, each of whom must be a resident of this state
108 who has never worked as an athletic trainer, who has no
109 financial interest in the practice of athletic training, and who
110 has never been a licensed health care practitioner as defined in
111 s. 456.001(4).
112 (3) For the purpose of staggering terms, the Governor shall
113 appoint the initial members of the board as follows:
114 (a) Three members for terms of 2 years each.
115 (b) Three members for terms of 3 years each.
116 (c) Three members for terms of 4 years each.
117 (3) (4) As the terms of the members expire, the Governor
118 shall appoint successors for terms of 4 years and such members
119 shall serve until their successors are appointed.
120 (4) (5) All provisions of chapter 456 relating to activities
121 of the board shall apply.
122 (5) (6) The board shall maintain its official headquarters
123 in Tallahassee.
124 Section 4. Section 468.705, Florida Statutes, is amended to
126 468.705 Rulemaking authority.— The board is authorized to
127 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
128 provisions of this part conferring duties upon it. The
129 provisions of s. 456.011(5) shall apply to the board’s activity.
130 Such rules shall include, but not be limited to, the allowable
131 scope of practice regarding the use of equipment, procedures,
132 and medication; mandatory requirements and guidelines for
133 communication between the athletic trainer and a physician,
134 including the reporting to the physician of new or recurring
135 injuries or conditions; , requirements for a written protocol
136 between the athletic trainer and a supervising physician,
137 licensure requirements; , licensure examination; , continuing
138 education requirements; , fees; , records , and reports to be filed
139 by licensees; , protocols; , and any other requirements necessary
140 to regulate the practice of athletic training.
141 Section 5. Section 468.707, Florida Statutes, is amended to
143 468.707 Licensure by examination; requirements.—Any person
144 desiring to be licensed as an athletic trainer shall apply to
145 the department on a form approved by the department. An
146 applicant shall also provide records or other evidence, as
147 determined by the board, to prove he or she has met the
148 requirements of this section. The department shall license each
149 applicant who:
150 (1) Has completed the application form and remitted the
151 required fees.
152 (2) For a person who applies on or after July 1, 2016, has
153 submitted to background screening pursuant to s. 456.0135. The
154 board may require a background screening for an applicant whose
155 license has expired or who is undergoing disciplinary action Is
156 at least 21 years of age.
157 (3) Has obtained a baccalaureate degree or higher from a
158 college or university professional athletic training degree
159 program accredited by the Commission on Accreditation of
160 Athletic Training Education or its successor an accrediting
161 agency recognized and approved by the United States Department
162 of Education or the Commission on Recognition of Postsecondary
163 Accreditation, approved by the board, or recognized by the Board
164 of Certification, and has passed the national examination to be
165 certified by the Board of Certification.
166 (4) If graduated before after 2004, has a current
167 certification from has completed an approved athletic training
168 curriculum from a college or university accredited by a program
169 recognized by the Board of Certification.
170 (5) Has current certification in both cardiopulmonary
171 cardiovascular pulmonary resuscitation and the use of an
172 automated external defibrillator set forth in the continuing
173 education requirements with an automated external defibrillator
174 from the American Red Cross or the American Heart Association,
175 or an equivalent certification as determined by the board
176 pursuant to s. 468.711.
177 (6) Has completed any other requirements as determined by
178 the department and approved by the board passed the examination
179 and is certified by the Board of Certification.
180 Section 6. Paragraph (b) of subsection (1) of section
181 468.709, Florida Statutes, is amended to read:
182 468.709 Fees.—
183 (1) The board shall, by rule, establish fees for the
184 following purposes:
185 (b) An examination fee, not to exceed $200.
186 Section 7. Subsection (2) of section 468.711, Florida
187 Statutes, is amended to read:
188 468.711 Renewal of license; continuing education.—
189 (2) The board may, by rule, prescribe continuing education
190 requirements, not to exceed 24 hours biennially. The criteria
191 for continuing education shall be approved by the board and must
192 include a current certification certificate in both
193 cardiopulmonary cardiovascular pulmonary resuscitation and the
194 use of with an automated external defibrillator as set forth in
195 the continuing education requirements from the American Red
196 Cross or the American Heart Association or an equivalent
197 training as determined by the board.
198 Section 8. Section 468.713, Florida Statutes, is amended to
200 468.713 Responsibilities of athletic trainers.—An athletic
201 trainer shall practice under the direction of within a written
202 protocol established between the athletic trainer and a
203 supervising physician licensed under chapter 458, chapter 459,
204 chapter 460, or otherwise authorized by Florida law to practice
205 medicine. The physician shall communicate his or her direction
206 through oral or written prescription or protocols as deemed
207 appropriate by the physician for the provision of services and
208 care by the athletic trainer. An athletic trainer shall provide
209 service or care in the manner dictated by the communicating
210 physician or, at an athletic event, pursuant to direction from a
211 physician licensed under chapter 458, chapter 459, chapter 460,
212 or otherwise authorized by Florida law to practice medicine. A
213 written protocol shall require that the athletic trainer notify
214 the supervising physician of new injuries as soon as
216 Section 9. Section 468.715, Florida Statutes, is amended to
218 468.715 Sexual misconduct.—The athletic trainer-patient
219 trainer-athlete relationship is founded on mutual trust. Sexual
220 misconduct in the practice of athletic training means violation
221 of the athletic trainer-athlete relationship through which the
222 athletic trainer uses such relationship to induce or attempt to
223 induce the athlete to engage, or to engage or attempt to engage
224 the athlete, in sexual activity outside the scope of the
225 practice or the scope of generally accepted examination or
226 treatment of the athlete. Sexual misconduct in the practice of
227 athletic training is prohibited under s. 456.063.
228 Section 10. Subsections (1) and (5) of section 468.717,
229 Florida Statutes, are amended to read:
230 468.717 Violations and penalties.—Each of the following
231 acts constitutes a misdemeanor of the first degree, punishable
232 as provided in s. 775.082 or s. 775.083:
233 (1) Practicing athletic training, representing oneself as
234 an athletic trainer, or providing athletic trainer services to a
235 patient without being licensed under this part Practicing
236 athletic training for compensation without holding an active
237 license under this part.
238 (5) Using the title “athletic trainer” or “licensed
239 athletic trainer,” the abbreviation “AT” or “LAT,” or a similar
240 title or abbreviation that suggests licensure as an athletic
241 trainer without being licensed under this part.
242 Section 11. Subsection (1) of section 468.719, Florida
243 Statutes, is amended to read:
244 468.719 Disciplinary actions.—
245 (1) The following acts constitute grounds for denial of a
246 license or disciplinary action, as specified in s. 456.072(2):
247 (a) Failing to include the athletic trainer’s name and
248 license number in any advertising, including, but not limited
249 to, business cards and letterhead, related to the practice of
250 athletic training. Advertising shall not include clothing or
251 other novelty items.
252 (a) (b) Committing incompetency or misconduct in the
253 practice of athletic training.
254 (b) (c) Committing fraud or deceit in the practice of
255 athletic training.
256 (c) (d) Committing negligence, gross negligence, or repeated
257 negligence in the practice of athletic training.
258 (d) (e) While practicing athletic training, Being unable to
259 practice athletic training with reasonable skill and safety
260 because of a mental or physical condition or to athletes by
261 reason of illness, or the use of alcohol, controlled substances,
262 or any other substance that impairs one’s ability to practice or
263 drugs or as a result of any mental or physical condition.
264 (e) (f) Violating any provision of this chapter or chapter
265 456, or any rules adopted pursuant thereto.
266 Section 12. Section 468.723, Florida Statutes, is amended
267 to read:
268 468.723 Exemptions.—This part does not prevent or restrict:
269 (1) A person licensed in this state under another chapter
270 from engaging in the practice for which he or she is licensed
271 and The professional practice of a licensee of the department
272 who is acting within the scope of such practice.
273 (2) An athletic training student acting under the direct
274 supervision of a licensed athletic trainer. For purposes of this
275 subsection, “direct supervision” means the physical presence of
276 an athletic trainer so that the athletic trainer is immediately
277 available to the athletic training student and able to intervene
278 on behalf of the athletic training student in accordance with
279 the standards set forth by the Commission on Accreditation of
280 Athletic Training Education or its successor.
281 (3) A person from administering standard first aid
282 treatment to another person an athlete.
283 (4) A person authorized to practice athletic training in
284 another state when such person is employed by or a volunteer for
285 an out-of-state secondary or postsecondary educational
286 institution, or a recreational, competitive, or professional
287 organization that is temporarily present in this state A person
288 licensed under chapter 548, provided such person is acting
289 within the scope of such license.
290 (5) A person providing personal training instruction for
291 exercise, aerobics, or weightlifting, if the person does not
292 represent himself or herself as an athletic trainer or as able
293 to provide “athletic trainer” services and if any recognition or
294 treatment of injuries is limited to the provision of first aid.
295 (6) Third-party payors from reimbursing employers of
296 athletic trainers for covered services rendered by a licensed
297 athletic trainer.
298 Section 13. Subsection (1) of section 456.0135, Florida
299 Statutes, is amended to read:
300 456.0135 General background screening provisions.—
301 (1) An application for initial licensure received on or
302 after January 1, 2013, under chapter 458, chapter 459, chapter
303 460, chapter 461, chapter 464, s. 465.022, part XIII of chapter
304 468, or chapter 480 shall include fingerprints pursuant to
305 procedures established by the department through a vendor
306 approved by the Department of Law Enforcement and fees imposed
307 for the initial screening and retention of fingerprints.
308 Fingerprints must be submitted electronically to the Department
309 of Law Enforcement for state processing, and the Department of
310 Law Enforcement shall forward the fingerprints to the Federal
311 Bureau of Investigation for national processing. Each board, or
312 the department if there is no board, shall screen the results to
313 determine if an applicant meets licensure requirements. For any
314 subsequent renewal of the applicant’s license that requires a
315 national criminal history check, the department shall request
316 the Department of Law Enforcement to forward the retained
317 fingerprints of the applicant to the Federal Bureau of
318 Investigation unless the fingerprints are enrolled in the
319 national retained print arrest notification program.
320 Section 14. This act shall take effect January 1, 2016.