Florida Senate - 2015                                    SB 1526
       By Senator Legg
       17-00629E-15                                          20151526__
    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
   33         date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 468.70, Florida Statutes, is amended to
   38  read:
   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
   50  read:
   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
   97  read:
   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
  125  read:
  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
  142  read:
  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
  199  read:
  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
  215  practicable.
  216         Section 9. Section 468.715, Florida Statutes, is amended to
  217  read:
  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.