By Berlanga H.B. No. 2572
75R7010 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of athletic trainers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Chapter 498, Acts of the 62nd
1-5 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 Sec. 1. DEFINITIONS; EXCEPTIONS. (a) In this Act:
1-8 (1) "Athletic trainer [Trainer]" means a person with
1-9 specific qualifications, as set forth in Section 9 of this Act,
1-10 who, on [upon] the advice and consent of a [his team] physician or
1-11 chiropractor:
1-12 (A) carries out the practice of prevention and
1-13 [and/or] physical rehabilitation of injuries incurred by athletes
1-14 or patients; and [. To carry out these functions the Athletic
1-15 trainer]
1-16 (B) is authorized to use physical modalities
1-17 [such as heat, light, sound, cold, electricity, or mechanical
1-18 devices] related to rehabilitation and treatment of an athlete or
1-19 patient.
1-20 (2) "Board" means the Advisory Board of Athletic
1-21 Trainers.
1-22 (3) "Commissioner" means the commissioner of health.
1-23 (4) "Department" means the Texas Department of Health.
1-24 (b) Nothing herein shall be construed to authorize the
2-1 practice of medicine by any person not licensed by the Texas State
2-2 Board of Medical Examiners.
2-3 (c) [(4)] The provisions of this Act [act] do not apply to:
2-4 (1) physicians licensed by the Texas State Board of
2-5 Medical Examiners;
2-6 (2) [to] dentists, duly qualified and registered under
2-7 the laws of this state, who confine their practice strictly to
2-8 dentistry;
2-9 (3) [nor to] licensed optometrists, who confine their
2-10 practice strictly to optometry as defined by statute;
2-11 (4) [nor to] occupational therapists, who confine
2-12 their practice to occupational therapy;
2-13 (5) [nor to] nurses who practice nursing only;
2-14 (6) [nor to] duly licensed [chiropodists or]
2-15 podiatrists, who confine their practice strictly to [chiropody or]
2-16 podiatry as defined by statute;
2-17 (7) [nor to] physical therapists who confine their
2-18 practice to physical therapy;
2-19 (8) registered massage therapists [nor to masseurs or
2-20 masseuses in their particular sphere of labor]; or
2-21 (9) [nor to] commissioned or contract physicians or
2-22 physical therapists or physical therapists assistants in the United
2-23 States Army, Navy, Air Force, Public Health and Marine Health
2-24 Service.
2-25 SECTION 2. Sections 10(a) and (b), Chapter 498, Acts of the
2-26 62nd Legislature, Regular Session, 1971 (Article 4512d, Vernon's
2-27 Texas Civil Statutes), are amended to read as follows:
3-1 (a) An applicant for an athletic trainer license must submit
3-2 an application to the board on forms prescribed by the board,
3-3 accompanied by the application fee and [submit] the examination fee
3-4 set by the board [required by this Act]. In addition to the fees
3-5 set under Section 7 of this Act, the board by rule may set a
3-6 reasonable application fee.
3-7 (b) The applicant is entitled to an athletic trainer license
3-8 if the applicant [he] possesses the qualifications enumerated in
3-9 Section 9 of this Act, satisfactorily completes the examination
3-10 administered by the board, pays the license fee [as set in Section
3-11 7 of this Act], and has not committed an act which constitutes
3-12 grounds for denial of a license under Section 12 of this Act.
3-13 SECTION 3. This Act takes effect September 1, 1997, and
3-14 applies only to an application for a license as an athletic
3-15 trainer that is filed with the Advisory Board of Athletic Trainers
3-16 and a license issued or renewed by that board on or after that
3-17 date. An application filed or a license issued before that date is
3-18 governed by the law in effect on the date that the application was
3-19 filed or the license was issued, and the former law is continued in
3-20 effect for that purpose.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.