Relates to the licensure of athletic trainers; adds athletic trainers to the list of persons and officials required to report cases of suspected child abuse or maltreatment.
STATE OF NEW YORK
________________________________________________________________________
219--A
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. SOLAGES, HUNTER, EPSTEIN, FAHY, SANTABARBARA,
CLARK, GUNTHER, AUBRY, KELLES, NORRIS, DeSTEFANO, BRABENEC, SIMON,
GIBBS, JACOBSON, SILLITTI, BUTTENSCHON, HEVESI, PAULIN, CRUZ, LAVINE,
CUNNINGHAM, WEPRIN, WOERNER, EICHENSTEIN, GONZALEZ-ROJAS, TAYLOR,
PRETLOW, WALKER, JEAN-PIERRE, DICKENS, J. M. GIGLIO, SEAWRIGHT,
THIELE, HYNDMAN, MIKULIN, MILLER, GANDOLFO, GALLAHAN, FITZPATRICK,
HAWLEY, BURKE, McDONOUGH, McDONALD, McMAHON, JENSEN, BENDETT, TAGUE,
J. A. GIGLIO, K. BROWN, FLOOD, MCGOWAN, RAGA, DARLING, EACHUS --
Multi-Sponsored by -- M. of A. BRONSON, STECK -- read once and
referred to the Committee on Higher Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the education law, in relation to requiring licensure of
athletic trainers; and to amend the social services law, in relation
to making athletic trainers mandatory reporters of suspected child
abuse or maltreatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8351 of the education law, as amended by chapter
2 658 of the laws of 1993, is amended to read as follows:
3 § 8351. Definition. 1. As used in this article "athletic trainer"
4 means any person who is duly [certified] licensed in accordance with
5 this article to perform athletic training under the supervision of a
6 physician and limits his or her practice to secondary schools, insti-
7 tutions of postsecondary education, professional athletic organizations,
8 amateur athletic organizations, non-profit athletic organizations, [or a
9 person who, under the supervision of a physician, carries out comparable
10 functions on orthopedic athletic injuries, excluding spinal cord inju-
11 ries, in a health care organization] dance organizations, military acad-
12 emies and facilities of the United States, fire training programs or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02032-08-3
A. 219--A 2
1 academies, and police training schools and academies. An athletic
2 trainer may also, under the supervision of a physician in a health care
3 organization or a physician's private practice, carry out comparable
4 functions on orthopedic athletic injuries.
5 2. Supervision of an athletic trainer by a physician shall be contin-
6 uous but shall not be construed as requiring the physical presence of
7 the supervising physician at the time and place where such services are
8 performed, provided however, that such supervision shall include a
9 signed written agreement or protocol created collaboratively between the
10 supervising physician and licensed athletic trainer. The written agree-
11 ment or protocol shall address and describe the nature and scope of
12 athletic training services to be performed by such licensed athletic
13 trainer, in accordance with this title. Such written agreement or
14 protocol shall be reviewed at least once a year by the supervising
15 physician and athletic trainer and revised if necessary. No physician
16 shall supervise more than four athletic trainers, except that such limi-
17 tation shall not apply for athletic trainers practicing in secondary
18 schools, and institutions of postsecondary education, who are practicing
19 under the supervision of a physician who serves as the medical director
20 for such school or institution.
21 3. An athletic trainer shall make a written or oral referral to a
22 physician of any individual being treated for an orthopedic athletic
23 injury whose symptoms have not improved for a period of four days from
24 the day of onset. An individual treated for an orthopedic athletic inju-
25 ry by an athletic trainer in a healthcare organization or a physician's
26 private practice shall receive a medical evaluation or reevaluation if
27 treatment by the athletic trainer exceeds two weeks.
28 4. The scope of work described herein shall not be construed as
29 authorizing [the reconditioning of neurologic injuries, conditions or
30 disease] the management and treatment of neurological injuries, condi-
31 tions, or diseases, except for initial evaluation and triage of emergent
32 neurological conditions.
33 § 2. Section 8352 of the education law, as amended by chapter 658 of
34 the laws of 1993, is amended to read as follows:
35 § 8352. Definition of [practice of] athletic training. The practice of
36 the profession of athletic training is defined as [the application of
37 principles, methods and procedures for managing athletic injuries, which
38 shall include the preconditioning, conditioning and reconditioning of an
39 individual who has suffered an athletic injury through the use of appro-
40 priate preventative and supportive devices, under the supervision of a
41 physician and recognizing illness and referring to the appropriate
42 medical professional with implementation of treatment pursuant to physi-
43 cian's orders. Athletic training includes instruction to coaches,
44 athletes, parents, medical personnel and communities in the area of care
45 and prevention of athletic injuries.
46 The scope of work described herein shall not be construed as authoriz-
47 ing the reconditioning of neurologic injuries, conditions or disease.]:
48 1. The prevention, recognition, examination, evaluation, assessment,
49 management, treatment and rehabilitation of athletic injuries;
50 2. The recognition of illness and referral to the appropriate medical
51 professional with implementation of treatment pursuant to physician's
52 orders;
53 3. Instruction to coaches, athletes, parents, medical personnel, and
54 communities in the area of care and prevention of athletic injuries; and
55 4. The use of clinically appropriate therapeutic modalities and tech-
56 niques, including the use of:
A. 219--A 3
1 (a) Physical, chemical, and mechanical means including the use of
2 heat, cold, light, air, water, sound, electricity, massage, mobilization
3 as it relates to athletic training, including non-thrust mobilization,
4 and exercise; and
5 (b) Appropriate preventative and supportive devices and temporary
6 splinting or bracing.
7 § 3. Section 8353 of the education law, as added by chapter 798 of the
8 laws of 1992, is amended to read as follows:
9 § 8353. Use of the title "[certified] licensed athletic trainer".
10 Only a person [certified] licensed or otherwise authorized under this
11 article shall use the title "[certified] licensed athletic trainer",
12 "athletic trainer", or the abbreviation "AT" or "LAT" in connection with
13 his or her name or with any trade name in the conduct of his or her
14 profession. Only a person licensed or otherwise authorized under this
15 article shall practice athletic training.
16 § 4. Section 8354 of the education law, as added by chapter 798 of the
17 laws of 1992, is amended to read as follows:
18 § 8354. State committee for athletic trainers. A state committee for
19 athletic trainers shall be appointed by the board of regents, upon the
20 recommendation of the commissioner and shall assist on matters of
21 [certification] professional licensing and professional conduct in
22 accordance with section six thousand five hundred eight of this title.
23 The committee shall consist of [five] seven members [who], five of whom
24 are athletic trainers [certified] licensed in this state, one physician
25 who is licensed in the state and certified by a physician specialty
26 certification organization acceptable to the department in the special-
27 ties of orthopedic surgery, primary care, family practice, sports medi-
28 cine, or neurology, and one public member that is a consumer of the
29 profession. The committee shall assist the state board for medicine in
30 athletic training matters. Nominations and terms of office of the
31 members of the state committee for athletic trainers shall conform to
32 the corresponding provisions relating thereto for state boards under
33 article one hundred thirty of title eight of this chapter. [Notwith-
34 standing the foregoing, the members of the first committee need not be
35 certified prior to their appointment to the committee.]
36 § 5. Section 8355 of the education law, as added by chapter 798 of the
37 laws of 1992, is amended to read as follows:
38 § 8355. Requirements and procedure for professional [certification]
39 licensure. [For certification as a certified] To qualify for a license
40 as an athletic trainer under this article, an applicant shall fulfill
41 the following requirements:
42 1. Application: file an application with the department;
43 2. Education: have received an education including a bachelor's, its
44 equivalent or higher degree in accordance with the commissioner's regu-
45 lations;
46 3. Experience: have experience in accordance with the commissioner's
47 regulations;
48 4. Examination: pass an examination in accordance with the commission-
49 er's regulations;
50 5. Age: be at least twenty-one years of age; [and]
51 6. Fees: pay a fee for an initial [certificate] license of one hundred
52 fifty-eight dollars to the department; and a fee of [fifty] fifty-eight
53 dollars for each triennial registration period[.]; and
54 7. Character: be of good moral character as determined by the depart-
55 ment.
A. 219--A 4
1 § 6. Section 8356 of the education law, as amended by chapter 658 of
2 the laws of 1993, is amended to read as follows:
3 § 8356. [Special provisions. A person shall be certified without exam-
4 ination provided that, within three years from the effective date of
5 regulations implementing the provisions of this article, the individual:
6 1. files an application and pays the appropriate fees to the depart-
7 ment; and
8 2. meets the requirements of subdivisions two and five of section
9 eight thousand three hundred fifty-five of this article and who in addi-
10 tion:
11 (a) has been actively engaged in the profession of athletic training
12 for a minimum of four years during the seven years immediately preceding
13 the effective date of this article; or
14 (b) is certified by a United States certifying body acceptable to the
15 department.] Exempt persons. This article shall not be construed to
16 affect or prevent:
17 1. Qualified members of other licensed or legally recognized
18 professions from performing work incidental to the practice of their
19 profession, except that such persons may not hold themselves out under
20 the title athletic trainer or as performing athletic training.
21 2. An athletic training student from engaging in clinical practice
22 under the supervision of a licensed athletic trainer as part of a
23 program of study approved by the department.
24 3. An athletic trainer licensed in another state or country from
25 conducting a teaching clinical demonstration in connection with a
26 program of basic clinical education, graduate education, or post-gradu-
27 ate education in an approved school of athletic training, or in a clin-
28 ical facility, or a health care agency.
29 § 7. The education law is amended by adding a new section 8356-a to
30 read as follows:
31 § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
32 ic trainer, licensed pursuant to this article, shall be required to
33 register triennially with the department to practice in the state and
34 shall comply with the provisions of the mandatory continuing education
35 requirements prescribed in subdivision two of this section except as set
36 forth in paragraphs (b) and (c) of this subdivision. Licensed athletic
37 trainers who do not satisfy such mandatory continuing education require-
38 ments shall not practice until they have met such requirements, and have
39 been issued a registration certificate, except that a licensed athletic
40 trainer may practice without having met such requirements if he or she
41 is issued a conditional registration certificate pursuant to subdivision
42 three of this section.
43 (b) Each licensed athletic trainer shall be exempt from the mandatory
44 continuing education requirement for the triennial registration period
45 during which he or she is first licensed. In accordance with the intent
46 of this section, adjustment to the mandatory continuing education
47 requirement may be granted by the department for reasons of health
48 certified by an appropriate health care professional, for extended
49 active duty with the armed forces of the United States, or for other
50 good cause acceptable to the department which may prevent compliance.
51 (c) A licensed athletic trainer not engaged in practice, as determined
52 by the department, shall be exempt from the mandatory continuing educa-
53 tion requirement upon the filing of a statement with the department
54 declaring such status. Any licensee who returns to the practice of
55 athletic training during the triennial registration period shall notify
56 the department prior to reentering the profession and shall meet such
A. 219--A 5
1 mandatory education requirements as shall be prescribed by regulations
2 of the commissioner.
3 2. During each triennial registration period, an applicant for regis-
4 tration as a licensed athletic trainer shall complete a minimum of
5 forty-five hours of acceptable formal continuing education, as specified
6 in subdivision four of this section, provided that no more than fifteen
7 hours of such continuing education shall consist of self-study cours-
8 es. Any licensed athletic trainer whose first registration date follow-
9 ing the effective date of this section occurs less than three years from
10 such effective date shall complete continuing education hours on a
11 prorated basis, as determined by the department, beginning on such
12 effective date until his or her first registration date thereafter. A
13 licensee who has not satisfied the mandatory continuing education
14 requirements shall not be issued a triennial registration certificate by
15 the department and shall not practice unless and until a conditional
16 registration certificate is issued as provided for in subdivision three
17 of this section. Continuing education hours taken during one triennium
18 shall not be transferred to a subsequent triennium.
19 3. The department, in its discretion, may issue a conditional regis-
20 tration to a licensee who fails to meet the continuing education
21 requirements established in subdivision two of this section but who
22 agrees to make up any deficiencies and complete any additional education
23 which the department may require. The fee for such a conditional regis-
24 tration shall be the same as, and in addition to, the fee for the trien-
25 nial registration. The duration of such conditional registration shall
26 be determined by the department but shall not exceed one year. Any
27 licensee who is notified of the denial of registration for failure to
28 submit evidence, satisfactory to the department, of required continuing
29 education and who practices without such registration may be subject to
30 disciplinary proceedings pursuant to section sixty-five hundred ten of
31 this title.
32 4. For purposes of this section: (a) "Acceptable learning activities"
33 shall include, but not be limited to, formal courses of learning which
34 contribute to professional practice in athletic training and/or self-
35 study activities; independent study; formal mentoring activities; publi-
36 cation in professional journals; or lectures, which meet the standards
37 prescribed by regulations of the commissioner; and
38 (b) "Formal courses of learning" shall include, but not be limited to,
39 collegiate level credit and non-credit courses, professional development
40 programs and technical sessions offered by national, state and local
41 professional associations and any other organizations acceptable to the
42 department, and any other organized educational and technical programs
43 acceptable to the department. Formal courses shall be taken from a spon-
44 sor approved by the department, based upon an application and fee,
45 pursuant to the regulations of the commissioner.
46 5. The department may, in its discretion and as needed to contribute
47 to the health and welfare of the public, require the completion of
48 continuing education credits in specific subjects to fulfill the manda-
49 tory continuing education requirement under this section.
50 6. A licensed athletic trainer shall maintain adequate documentation
51 of completion of acceptable formal continuing education and shall
52 provide such documentation at the request of the department. Failure to
53 provide such documentation upon the request of the department shall be
54 an act of misconduct subject to disciplinary proceedings pursuant to
55 section sixty-five hundred ten of this title.
A. 219--A 6
1 7. The mandatory continuing education fee shall be payable on or
2 before the first day of each triennial registration period, and shall be
3 paid in addition to the triennial registration fee required by section
4 eighty-three hundred fifty-five of this article.
5 § 8. Section 8357 of the education law, as added by chapter 798 of the
6 laws of 1992, is amended to read as follows:
7 § 8357. Non-liability of [certified] licensed athletic trainers for
8 first aid or emergency treatment. Notwithstanding any inconsistent
9 provision of any general, special or local law, any [certified] licensed
10 athletic trainer who voluntarily and without the expectation of monetary
11 compensation renders first aid or emergency treatment at the scene of an
12 accident or other emergency, outside a hospital, doctor's office or any
13 other place having proper and necessary athletic training equipment, to
14 a person who is unconscious, ill or injured, shall not be liable for
15 damages for injuries alleged to have been sustained by such person or
16 for damages for the death of such person alleged to have occurred by
17 reason of an act or omission in the rendering of such first aid or emer-
18 gency treatment unless it is established that such injuries were or such
19 death was caused by gross negligence on the part of such athletic train-
20 er. Nothing in this section shall be deemed or construed to relieve a
21 [certified] licensed athletic trainer from liability for damages for
22 injuries or death caused by an act or omission on the part of an athlet-
23 ic trainer while rendering professional services in the normal and ordi-
24 nary course of his or her practice.
25 § 9. Section 8358 of the education law is renumbered section 8360 and
26 two new sections 8358 and 8359 are added to read as follows:
27 § 8358. Limited permits. 1. The department may issue a limited permit
28 to an applicant who meets all qualifications for licensure, except the
29 examination, in accordance with regulations promulgated therefor.
30 2. Limited permits shall be valid for one year, and such limited
31 permits may be renewed, at the discretion of the department, for one
32 additional year.
33 3. The fee for each limited permit and for each renewal shall be
34 seventy dollars.
35 4. A limited permit holder shall practice only under the supervision
36 of a physician as determined in accordance with the commissioner's regu-
37 lations.
38 § 8359. Special provisions. Any person who is certified as an athletic
39 trainer on the effective date of this article shall be licensed as an
40 athletic trainer without meeting any additional requirements.
41 § 10. Paragraph a of subdivision 3 of section 6507 of the education
42 law, as amended by chapter 479 of the laws of 2022, is amended to read
43 as follows:
44 a. Establish standards for preprofessional and professional education,
45 experience and licensing examinations as required to implement the arti-
46 cle for each profession. Notwithstanding any other provision of law, the
47 commissioner shall establish standards requiring that all persons apply-
48 ing, on or after January first, nineteen hundred ninety-one, initially,
49 or for the renewal of, a license, registration or limited permit to be a
50 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
51 trist, psychiatrist, psychologist, licensed master social worker,
52 licensed clinical social worker, licensed creative arts therapist,
53 licensed marriage and family therapist, licensed mental health counse-
54 lor, licensed psychoanalyst, dental hygienist, licensed behavior
55 analyst, [or] certified behavior analyst assistant, or athletic trainer
56 shall, in addition to all the other licensure, certification or permit
A. 219--A 7
1 requirements, have completed two hours of coursework or training regard-
2 ing the identification and reporting of child abuse and maltreatment.
3 The coursework or training shall be obtained from an institution or
4 provider which has been approved by the department to provide such
5 coursework or training. The coursework or training shall include infor-
6 mation regarding the physical and behavioral indicators of child abuse
7 and maltreatment and the statutory reporting requirements set out in
8 sections four hundred thirteen through four hundred twenty of the social
9 services law, including but not limited to, when and how a report must
10 be made, what other actions the reporter is mandated or authorized to
11 take, the legal protections afforded reporters, and the consequences for
12 failing to report. Such coursework or training may also include informa-
13 tion regarding the physical and behavioral indicators of the abuse of
14 individuals with developmental disabilities and voluntary reporting of
15 abused or neglected adults to the office for people with developmental
16 disabilities or the local adult protective services unit. Each appli-
17 cant shall provide the department with documentation showing that he or
18 she has completed the required training. The department shall provide an
19 exemption from the child abuse and maltreatment training requirements to
20 any applicant who requests such an exemption and who shows, to the
21 department's satisfaction, that there would be no need because of the
22 nature of his or her practice for him or her to complete such training;
23 § 11. Section 6505-b of the education law, as amended by chapter 10 of
24 the laws of 2018, is amended to read as follows:
25 § 6505-b. Course work or training in infection control practices.
26 Every dentist, registered nurse, licensed practical nurse, podiatrist,
27 optometrist, athletic trainer, and dental hygienist practicing in the
28 state shall, on or before July first, nineteen hundred ninety-four and
29 every four years thereafter, complete course work or training appropri-
30 ate to the professional's practice approved by the department regarding
31 infection control, which shall include sepsis, and barrier precautions,
32 including engineering and work practice controls, in accordance with
33 regulatory standards promulgated by the department, in consultation with
34 the department of health, which shall be consistent, as far as appropri-
35 ate, with such standards adopted by the department of health pursuant to
36 section two hundred thirty-nine of the public health law to prevent the
37 transmission of HIV, HBV, HCV and infections that could lead to sepsis
38 in the course of professional practice. Each such professional shall
39 document to the department at the time of registration commencing with
40 the first registration after July first, nineteen hundred ninety-four
41 that the professional has completed course work or training in accord-
42 ance with this section, provided, however that a professional subject to
43 the provisions of paragraph (f) of subdivision one of section twenty-
44 eight hundred five-k of the public health law shall not be required to
45 so document. The department shall provide an exemption from this
46 requirement to anyone who requests such an exemption and who (i) clearly
47 demonstrates to the department's satisfaction that there would be no
48 need for him or her to complete such course work or training because of
49 the nature of his or her practice or (ii) that he or she has completed
50 course work or training deemed by the department to be equivalent to the
51 course work or training approved by the department pursuant to this
52 section. The department shall consult with organizations representative
53 of professions, institutions and those with expertise in infection
54 control and HIV, HBV, HCV and infections that could lead to sepsis with
55 respect to the regulatory standards promulgated pursuant to this
56 section.
A. 219--A 8
1 § 12. Paragraph (a) of subdivision 1 of section 413 of the social
2 services law, as amended by section 7 of part C of chapter 57 of the
3 laws of 2018, is amended to read as follows:
4 (a) The following persons and officials are required to report or
5 cause a report to be made in accordance with this title when they have
6 reasonable cause to suspect that a child coming before them in their
7 professional or official capacity is an abused or maltreated child, or
8 when they have reasonable cause to suspect that a child is an abused or
9 maltreated child where the parent, guardian, custodian or other person
10 legally responsible for such child comes before them in their profes-
11 sional or official capacity and states from personal knowledge facts,
12 conditions or circumstances which, if correct, would render the child an
13 abused or maltreated child: any physician; registered physician assist-
14 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
15 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
16 athletic trainer; psychologist; registered nurse; social worker; emer-
17 gency medical technician; licensed creative arts therapist; licensed
18 marriage and family therapist; licensed mental health counselor;
19 licensed psychoanalyst; licensed behavior analyst; certified behavior
20 analyst assistant; hospital personnel engaged in the admission, examina-
21 tion, care or treatment of persons; a Christian Science practitioner;
22 school official, which includes but is not limited to school teacher,
23 school guidance counselor, school psychologist, school social worker,
24 school nurse, school administrator or other school personnel required to
25 hold a teaching or administrative license or certificate; full or part-
26 time compensated school employee required to hold a temporary coaching
27 license or professional coaching certificate; social services worker;
28 employee of a publicly-funded emergency shelter for families with chil-
29 dren; director of a children's overnight camp, summer day camp or trav-
30 eling summer day camp, as such camps are defined in section thirteen
31 hundred ninety-two of the public health law; day care center worker;
32 school-age child care worker; provider of family or group family day
33 care; employee or volunteer in a residential care facility for children
34 that is licensed, certified or operated by the office of children and
35 family services; or any other child care or foster care worker; mental
36 health professional; substance abuse counselor; alcoholism counselor;
37 all persons credentialed by the office of alcoholism and substance abuse
38 services; employees, who are expected to have regular and substantial
39 contact with children, of a health home or health home care management
40 agency contracting with a health home as designated by the department of
41 health and authorized under section three hundred sixty-five-l of this
42 chapter or such employees who provide home and community based services
43 under a demonstration program pursuant to section eleven hundred fifteen
44 of the federal social security act who are expected to have regular and
45 substantial contact with children; peace officer; police officer;
46 district attorney or assistant district attorney; investigator employed
47 in the office of a district attorney; or other law enforcement official.
48 § 13. This act shall take effect two years after it shall have become
49 a law; provided, however, that section seven of this act shall take
50 effect five years after this act shall have become a law. Effective
51 immediately, the addition, amendment and/or repeal of any rule or regu-
52 lation necessary for the implementation of this act on its effective
53 date are authorized to be made and completed on or before such date.