By: Nelson S.B. No. 1233
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of athletic trainers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 1, Chapter 498, Acts of the 62nd
1-4 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
1-5 Civil Statutes), is amended to read as follows:
1-6 Sec. 1. DEFINITIONS; EXCEPTIONS. (a) In this Act:
1-7 (1) "Athletic injury" means an injury sustained by a
1-8 person as a result of the person's participation in an organized
1-9 sport or sport-related exercise or activity, including
1-10 interscholastic, intercollegiate, intramural, semiprofessional, and
1-11 professional sports activities.
1-12 (2) "Athletic trainer [Trainer]" means a person with
1-13 specific qualifications, as set forth in Section 9 of this Act, who
1-14 practices athletic training, is licensed by the board, and may use
1-15 the initials "LAT," "LATC," and "AT" to designate the person as an
1-16 athletic trainer. The terms "sports trainer" and "licensed
1-17 athletic trainer" are equivalent to "athletic trainer."
1-18 (3) "Athletic training" means the form of health care
1-19 that includes the practice of preventing, recognizing, assessing,
1-20 managing, treating, disposing of, and reconditioning athletic
1-21 injuries under the direction of a physician licensed in this state
1-22 or another qualified, licensed health professional who is
1-23 authorized to refer for health care services within the scope of
1-24 the person's license[, upon the advice and consent of his team
2-1 physician carries out the practice of prevention and/or physical
2-2 rehabilitation of injuries incurred by athletes. To carry out
2-3 these functions the Athletic trainer is authorized to use physical
2-4 modalities such as heat, light, sound, cold, electricity, or
2-5 mechanical devices related to rehabilitation and treatment].
2-6 (4) [(2)] "Board" means the Advisory Board of Athletic
2-7 Trainers.
2-8 (5) "Commissioner" means the commissioner of public
2-9 health.
2-10 (6) "Department" means the Texas Department of Health.
2-11 (b) [(3)] Nothing herein shall be construed to authorize the
2-12 practice of medicine by any person not licensed by the Texas State
2-13 Board of Medical Examiners.
2-14 (c) [(4)] The provisions of this Act [act] do not apply to:
2-15 (1) physicians licensed by the Texas State Board of
2-16 Medical Examiners;
2-17 (2) [to] dentists, duly qualified and registered
2-18 under the laws of this state, who confine their practice strictly
2-19 to dentistry;
2-20 (3) [nor to] licensed optometrists and therapeutic
2-21 optometrists[,] who confine their practice strictly to optometry or
2-22 therapeutic optometry as defined by statute;
2-23 (4) [nor to] occupational therapists[,] who confine
2-24 their practice to occupational therapy;
2-25 (5) [nor to] nurses who practice nursing only;
2-26 (6) [nor to duly] licensed [chiropodists or]
3-1 podiatrists[,] who confine their practice strictly to [chiropody
3-2 or] podiatry as defined by statute;
3-3 (7) [nor to] physical therapists who confine their
3-4 practice to physical therapy;
3-5 (8) registered massage therapists [nor to masseurs or
3-6 masseuses in their particular sphere of labor]; or
3-7 (9) [nor to] commissioned or contract physicians or
3-8 physical therapists or physical therapists assistants in the United
3-9 States Army, Navy, Air Force, Public Health and Marine Health
3-10 Service.
3-11 (d) This Act does not apply to an athletic trainer who does
3-12 not live in this state, who is licensed, registered, or certified
3-13 by an authority recognized by the board, and who provides athletic
3-14 training in this state for a period determined by the board.
3-15 SECTION 2. Section 12, Chapter 498, Acts of the 62nd
3-16 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
3-17 Civil Statutes), is amended to read as follows:
3-18 Sec. 12. GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
3-19 LICENSE. The board may refuse to issue a license to an applicant
3-20 or may suspend or revoke the license of any licensee if the
3-21 applicant or licensee [he] has:
3-22 (1) been convicted of a felony or misdemeanor
3-23 involving moral turpitude, the record of conviction being
3-24 conclusive evidence of conviction; [or]
3-25 (2) secured the license by fraud or deceit; [or]
3-26 (3) violated or conspired to violate the provisions of
4-1 this Act or rules and regulations issued pursuant to this Act; or
4-2 (4) provided services outside the scope of practice of
4-3 athletic training.
4-4 SECTION 3. This Act takes effect September 1, 1999.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.