1-1 By: Nelson S.B. No. 1233
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Health Services;
1-4 March 24, 1999, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 24, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of athletic trainers.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 1, Chapter 498, Acts of the 62nd
1-11 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
1-12 Civil Statutes), is amended to read as follows:
1-13 Sec. 1. DEFINITIONS; EXCEPTIONS. (a) In this Act:
1-14 (1) "Athletic injury" means an injury sustained by a
1-15 person as a result of the person's participation in an organized
1-16 sport or sport-related exercise or activity, including
1-17 interscholastic, intercollegiate, intramural, semiprofessional, and
1-18 professional sports activities.
1-19 (2) "Athletic trainer [Trainer]" means a person with
1-20 specific qualifications, as set forth in Section 9 of this Act, who
1-21 practices athletic training, is licensed by the board, and may use
1-22 the initials "LAT," "LATC," and "AT" to designate the person as an
1-23 athletic trainer. The terms "sports trainer" and "licensed
1-24 athletic trainer" are equivalent to "athletic trainer."
1-25 (3) "Athletic training" means the form of health care
1-26 that includes the practice of preventing, recognizing, assessing,
1-27 managing, treating, disposing of, and reconditioning athletic
1-28 injuries under the direction of a physician licensed in this state
1-29 or another qualified, licensed health professional who is
1-30 authorized to refer for health care services within the scope of
1-31 the person's license[, upon the advice and consent of his team
1-32 physician carries out the practice of prevention and/or physical
1-33 rehabilitation of injuries incurred by athletes. To carry out
1-34 these functions the Athletic trainer is authorized to use physical
1-35 modalities such as heat, light, sound, cold, electricity, or
1-36 mechanical devices related to rehabilitation and treatment].
1-37 (4) [(2)] "Board" means the Advisory Board of Athletic
1-38 Trainers.
1-39 (5) "Commissioner" means the commissioner of public
1-40 health.
1-41 (6) "Department" means the Texas Department of Health.
1-42 (b) [(3)] Nothing herein shall be construed to authorize the
1-43 practice of medicine by any person not licensed by the Texas State
1-44 Board of Medical Examiners.
1-45 (c) [(4)] The provisions of this Act [act] do not apply to:
1-46 (1) physicians licensed by the Texas State Board of
1-47 Medical Examiners;
1-48 (2) [to] dentists, duly qualified and registered under
1-49 the laws of this state, who confine their practice strictly to
1-50 dentistry;
1-51 (3) [nor to] licensed optometrists and therapeutic
1-52 optometrists[,] who confine their practice strictly to optometry or
1-53 therapeutic optometry as defined by statute;
1-54 (4) [nor to] occupational therapists[,] who confine
1-55 their practice to occupational therapy;
1-56 (5) [nor to] nurses who practice nursing only;
1-57 (6) [nor to duly] licensed [chiropodists or]
1-58 podiatrists[,] who confine their practice strictly to [chiropody
1-59 or] podiatry as defined by statute;
1-60 (7) [nor to] physical therapists who confine their
1-61 practice to physical therapy;
1-62 (8) registered massage therapists [nor to masseurs or
1-63 masseuses in their particular sphere of labor]; or
1-64 (9) [nor to] commissioned or contract physicians or
2-1 physical therapists or physical therapists assistants in the United
2-2 States Army, Navy, Air Force, Public Health and Marine Health
2-3 Service.
2-4 (d) This Act does not apply to an athletic trainer who does
2-5 not live in this state, who is licensed, registered, or certified
2-6 by an authority recognized by the board, and who provides athletic
2-7 training in this state for a period determined by the board.
2-8 SECTION 2. Section 12, Chapter 498, Acts of the 62nd
2-9 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
2-10 Civil Statutes), is amended to read as follows:
2-11 Sec. 12. GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
2-12 LICENSE. The board may refuse to issue a license to an applicant
2-13 or may suspend or revoke the license of any licensee if the
2-14 applicant or licensee [he] has:
2-15 (1) been convicted of a felony or misdemeanor
2-16 involving moral turpitude, the record of conviction being
2-17 conclusive evidence of conviction; [or]
2-18 (2) secured the license by fraud or deceit; [or]
2-19 (3) violated or conspired to violate the provisions of
2-20 this Act or rules and regulations issued pursuant to this Act; or
2-21 (4) provided services outside the scope of practice of
2-22 athletic training.
2-23 SECTION 3. This Act takes effect September 1, 1999.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
2-28 days in each house be suspended, and this rule is hereby suspended.
2-29 * * * * *