HBA-MPM H.B. 3225 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3225 By: Capelo Public Health 3/28/1999 Introduced BACKGROUND AND PURPOSE Current law requires a licensed athletic trainer to provide care under the advice and consent of a team physician, however, in certain rural high school settings, a physician may not be available. H.B. 3225 authorizes a licensed physician or other qualified licensed health professional authorized to refer for health care services within the scope of that person's license to provide the required care. This bill also permits licensed athletic trainers to treat individuals participating in an organized sport. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1, Article 4512d, V.T.C.S. (Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971), as follows: Sec. 1. New title: DEFINITIONS; EXCEPTIONS. (a) Includes the definition of "athletic injury," "athletic training," "commissioner," and "department" for purposes of this Act. Redefines "athletic trainer" (trainer) as a person with specific qualifications, as set forth in Section 9 of this Act, who practices athletic training, is licensed by the Advisory Board of Athletic Trainers (board), and may use the initials "LAT," "LATC," and "AT" to designate the person as an athletic trainer. Provides that the terms "sports trainer" and "licensed athletic trainer" are the same as "athletic trainer." Deletes the existing definition of "athletic trainer" which specifies that the trainer, upon the advice and consent of his team physician carries out the practice and prevention and/or physical rehabilitation of injuries incurred by athletes. Further deletes text authorizing the trainer, in order to carry out these functions, to use certain physical modalities. Redesignates existing Subdivision (2) to Subdivision (4). Makes a nonsubstantive change. (b) Redesignated from existing Subdivision (a)(3). Makes no changes. (c) Redesignated from existing Subdivision (a)(4). Includes therapeutic optometrists and registered massage therapists, rather than masseurs or masseuses in their particular sphere of labor, among those individuals to whom the provisions of this Act are not applicable. Makes conforming and nonsubstantive changes. (d) Makes this Act inapplicable to a trainer who does not reside in this state, is licensed, registered, or certified by a board-recognized authority, and who provides training in this state for a period determined by the board. SECTION 2. Amends Section 12, Article 4512d, V.T.C.S. (Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971), to authorize the board to refuse to issue a license to an applicant or to suspend or revoke a license if the applicant or licensee provided services outside the scope of practice of athletic training. Makes nonsubstantive changes. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.