By Nelson S.B. No. 1233
76R9025 JMM-F
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 injury" means an injury sustained by a
1-9 person as a result of the person's participation in an organized
1-10 sport or sport-related exercise or activity, including
1-11 interscholastic, intercollegiate, intramural, semiprofessional, and
1-12 professional sports activities.
1-13 (2) "Athletic trainer [Trainer]" means a person with
1-14 specific qualifications, as set forth in Section 9 of this Act, who
1-15 practices athletic training, is licensed by the board, and may use
1-16 the initials "LAT," "LATC," and "AT" to designate the person as an
1-17 athletic trainer. The terms "sports trainer" and "licensed
1-18 athletic trainer" are equivalent to "athletic trainer."[, upon the
1-19 advice and consent of his team physician carries out the practice
1-20 of prevention and/or physical rehabilitation of injuries incurred
1-21 by athletes. To carry out these functions the Athletic trainer is
1-22 authorized to use physical modalities such as heat, light, sound,
1-23 cold, electricity, or mechanical devices related to rehabilitation
1-24 and treatment.]
2-1 (3) "Athletic training" means the form of health care
2-2 that includes the practice of preventing, recognizing, assessing,
2-3 managing, treating, disposing of, and reconditioning athletic
2-4 injuries under the direction of a physician licensed in this state
2-5 or another qualified, licensed health professional who is
2-6 authorized to refer for health care services within the scope of
2-7 the person's license.
2-8 (4) [(2)] "Board" means the Advisory Board of Athletic
2-9 Trainers.
2-10 (5) "Commissioner" means the commissioner of public
2-11 health.
2-12 (6) "Department" means the Texas Department of Health.
2-13 (b) [(3)] Nothing herein shall be construed to authorize the
2-14 practice of medicine by any person not licensed by the Texas State
2-15 Board of Medical Examiners.
2-16 (c) [(4)] The provisions of this Act [act] do not apply to:
2-17 (1) physicians licensed by the Texas State Board of
2-18 Medical Examiners;
2-19 (2) [to] dentists, duly qualified and registered
2-20 under the laws of this state, who confine their practice strictly
2-21 to dentistry;
2-22 (3) [nor to] licensed optometrists and therapeutic
2-23 optometrists[,] who confine their practice strictly to optometry or
2-24 therapeutic optometry as defined by statute;
2-25 (4) [nor to] occupational therapists[,] who confine
2-26 their practice to occupational therapy;
2-27 (5) [nor to] nurses who practice nursing only;
3-1 (6) [nor to duly] licensed [chiropodists or]
3-2 podiatrists[,] who confine their practice strictly to [chiropody
3-3 or] podiatry as defined by statute;
3-4 (7) [nor to] physical therapists who confine their
3-5 practice to physical therapy;
3-6 (8) registered massage therapists [nor to masseurs or
3-7 masseuses in their particular sphere of labor]; or
3-8 (9) [nor to] commissioned or contract physicians or
3-9 physical therapists or physical therapists assistants in the United
3-10 States Army, Navy, Air Force, Public Health and Marine Health
3-11 Service.
3-12 (d) This Act does not apply to an athletic trainer who does
3-13 not live in this state, is licensed, registered, or certified by an
3-14 authority recognized by the board, and who provides athletic
3-15 training in this state for a period determined by the board.
3-16 SECTION 2. Section 12, Chapter 498, Acts of the 62nd
3-17 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
3-18 Civil Statutes), is amended to read as follows:
3-19 Sec. 12. GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
3-20 LICENSE. The board may refuse to issue a license to an applicant
3-21 or may suspend or revoke the license of any licensee if the
3-22 applicant or licensee [he] has:
3-23 (1) been convicted of a felony or misdemeanor
3-24 involving moral turpitude, the record of conviction being
3-25 conclusive evidence of conviction; [or]
3-26 (2) secured the license by fraud or deceit; [or]
3-27 (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.