AB191: Bill Text

AB191,6,2 (b) Provide a copy of the list maintained under par. (a) to any person who requests a copy.

AB191,6,4 (2) Prescribe a form for the recording of a protocol required under s. 448.956 (1).

AB191,6,6 (3) Subject to s. 448.956 (1), (4) and (5), promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 (1).

AB191,6,9 (4) Promulgate rules establishing the minimum amount of liability insurance or surety bonding that a licensee must have to be eligible for renewal of his or her license.

AB191,6,11 448.953 Licensure of athletic trainers. (1) The affiliated credentialing board shall grant an athletic trainer license to a person who does all of the following:

AB191,6,13 (a) Submits an application for the license to the department on a form provided by the department.

AB191,6,14 (b) Pays the fee specified in s. 440.05 (1).

AB191,6,17 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have an arrest or conviction record.

AB191,6,20 (d) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have a history of alcohol or other drug abuse.

AB191,6,23 (e) Submits evidence satisfactory to the affiliated credentialing board that he or she has received at least a bachelor's degree from an accredited college or university.

AB191,7,3 (f) Submits evidence satisfactory to the affiliated credentialing board that he or she has met the requirements for certification established by the National Athletic Trainers Association Board of Certification and has passed the certification examination administered by the National Athletic Trainers Association Board of Certification.

AB191,7,4 (g) Provides all of the following information:

AB191,7,7 1. A statement as to whether the person has been granted an athletic trainer credential from any licensing jurisdiction in the United States or in any foreign country.

AB191,7,11 2. If the person has been granted an athletic trainer credential from any licensing jurisdiction in the United States or in any foreign country, a description of any disciplinary actions initiated against the person by the licensing jurisdiction that issued the credential.

AB191,7,15 3. A statement as to whether the person has ever applied for an athletic trainer credential from any licensing jurisdiction in the United States or in any foreign country and had the application denied, along with a description of why the credential application was denied.

AB191,7,16 (h) Passes an examination under s. 448.954.

AB191,7,19 (2) The affiliated credentialing board may waive the requirements under sub. (1) (c) to (h) for an applicant for a license under sub. (1) who establishes to the satisfaction of the affiliated credentialing board all of the following:

AB191,7,21 (a) That he or she has been issued a credential as an athletic trainer by another licensing jurisdiction in the United States.

AB191,7,24 (b) That the jurisdiction that issued the credential under par. (a) has requirements for credentialing that are substantially equivalent to the requirements under sub. (1) (c) to (h).

AB191,8,4 (3) (a) The affiliated credentialing board shall issue a temporary license to a person who satisfies the requirements under sub. (1) (a) and (c) to (g) and who pays the fee specified in s. 440.05 (6). The temporary license is valid for one year and may not be renewed.

AB191,8,8 (b) If a person who is issued a temporary license under par. (a) submits, before the temporary license expires, evidence satisfactory to the affiliated credentialing board that he or she has passed the examination required under s. 448.954, the affiliated credentialing board shall issue the person a license under sub. (1).

AB191,8,17 (4) (a) The affiliated credentialing board shall issue a temporary license to a person who satisfies the requirements under sub. (1) (a), (c) to (e) and (g), pays the fee specified in s. 440.05 (6) and submits evidence satisfactory to the affiliated credentialing board that he or she has engaged in athletic training during each of the 12 consecutive months immediately preceding the effective date of this paragraph .... [revisor inserts date]. The temporary license is valid for 2 years and shall be renewed once if a license holder submits evidence satisfactory to the affiliated credentialing board at the time of renewal that he or she has made significant progress toward satisfying the requirement under sub. (1) (f).

AB191,8,21 (b) If a person who is issued a temporary license under par. (a) satisfies the requirements under sub. (1) (f) and (h) before the temporary license expires, the affiliated credentialing credentialing board shall issue the person a license under sub. (1).

AB191,8,23 (5) An application form for a license under this section shall include all of the following:

AB191,8,25 (a) An affirmation by the applicant that the information that he or she is supplying on the application is true and complete.

AB191,9,2 (b) A statement that the applicant authorizes the affiliated credentialing board to have access to any of the following:

AB191,9,4 1. The applicant's records at the college or university at which he or she received the bachelor's degree required under sub. (1) (e).

AB191,9,7 2. The records of any credentialing authority in any licensing jurisdiction in the United States or in any foreign country that has granted the applicant a credential in athletic training.

AB191,9,12 448.954 Examination. (1) The affiliated credentialing board shall conduct or arrange for examinations for athletic trainer licensure at least semiannually and at times and places determined by the affiliated credentialing board. Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to athletic training.

AB191,9,15 (2) In lieu of an examination under sub. (1), the affiliated credentialing board may accept the results of an examination administered by the National Athletic Trainers Association Board of Certification.

AB191,9,20 448.9545 Continuing education. (1) (a) To be eligible for renewal of a license issued under s. 448.953 (1) or (2), a licensee shall, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), complete not less than 30 credit hours of continuing education in courses of study approved by the affiliated credentialing board.

AB191,9,22 (b) No more than 10 credit hours of the continuing education required under par. (a) may be on any of the following subject areas or combination of subject areas:

AB191,9,23 1. Management.

AB191,9,24 2. Risk management.

AB191,9,25 3. Personal growth.

AB191,10,1 4. Educational techniques.

AB191,10,3 (2) The affiliated credentialing board may approve any of the following courses for continuing education credit:

AB191,10,5 (a) A course that has been approved for continuing education credit by the National Athletic Trainers Association Board of Certification.

AB191,10,6 (b) Any course that satisfies all of the following:

AB191,10,8 1. The course is directly related to the practice of athletic training or sports medicine and lasts at least one hour.

AB191,10,13 2. Each member of the course faculty has expertise in the subject area of the course because he or she has received a degree from an accredited college or university relating to the subject area, has experience or special training in the subject area covered by the course or has previously taught the subject area covered by the course.

AB191,10,15 3. The course has specific written objectives describing the goals of the course for the participants.

AB191,10,17 4. The sponsor of the course keeps attendance records for the course and retains copies of those records for at least 4 years after the date of the course.

AB191,10,20 448.955 Issuance of license; expiration and renewal. (1) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under s. 448.953 (3) or (4), are specified under s. 440.08 (2) (a).

AB191,10,24 (2) Renewal applications shall be submitted to the department on a form provided, subject to sub. (3), by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the affiliated credentialing board that the licensee has all of the following:

AB191,11,3 (a) Completed, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), the continuing education requirements specified in s. 448.9545.

AB191,11,4 (b) Current certification in cardiopulmonary resuscitation.

AB191,11,6 (c) Liability insurance or a surety bond in at least the minimum amount required by the rules promulgated under s. 448.9525 (4).

AB191,11,8 (3) A renewal application form for renewal of a license issued under this subchapter shall include all of the following:

AB191,11,11 (a) A place for the licensee to describe his or her work history, including the average number of hours worked each week, for the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a).

AB191,11,14 (c) A statement, signed by the licensee and the licensee's consulting physician, that a current copy of the protocol required under s. 448.956 (1) is on file at the place of employment of the athletic trainer and of the consulting physician.

AB191,11,19 448.956 Practice requirements. (1) (a) A licensee may engage in athletic training only in accordance with an evaluation and treatment protocol that is established by the athletic trainer and approved by the consulting physician in accordance with the rules promulgated under s. 448.9525 (3) and recorded on a protocol form prescribed by the affiliated credentialing board under s. 448.9525 (2).

AB191,11,22 (am) A protocol established under par. (a) shall require an athletic trainer to notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains new injuries.

AB191,11,24 (b) A licensee shall have a copy of the protocol established under par. (a) at his or her place of employment at all times.

AB191,12,2 (c) A protocol established under par. (a) shall be updated no later than 30 days before the date specified in s. 440.08 (2) (a) 14f.

AB191,12,4 (2) In addition to engaging in athletic training under a protocol established under sub. (1), a licensee may do any of the following:

AB191,12,8 (a) Monitor the general behavior and general physical response of a person to treatment and rehabilitation, including monitoring whether the person's behavior or response show abnormal characteristics and monitoring whether the person exhibits abnormal signs or symptoms.

AB191,12,11 (b) Suggest modifications in treatment or rehabilitation of an injured person to the consulting physician or any other health care provider who is providing treatment to the person.

AB191,12,14 (c) Develop and administer an athletic training program for a person. An athletic training program under this paragraph may include providing education and counseling to a person.

AB191,12,16 (3) When working on behalf of his or her primary employer, a licensee may, in accordance with a protocol established under sub. (1) (a), do all of the following:

AB191,12,18 (a) Treat and rehabilitate an athletic injury using cold, heat, light, sound, electricity, exercise, chemicals or mechanical devices.

AB191,12,25 (b) Evaluate and treat a person for an athletic injury that has not previously been diagnosed. Evaluation and treatment under this paragraph may not exceed 30 days after the date of the initial evaluation or treatment, unless the protocol established under sub. (1) (a) specifies a different period of time. This paragraph does not apply to preventive care provided after resolution of an athletic injury or to treatment provided to a person who is referred to the athletic trainer by a person licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448.

AB191,13,5 (4) If a licensee or the consulting physician of the licensee determines that a patient's medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448 and who can provide appropriate treatment to the patient.

AB191,13,7 (5) A licensee shall modify or terminate treatment of a patient that is not beneficial to a patient or that the patient cannot tolerate.

AB191,13,11 448.957 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB191,13,15 (2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or may deny, limit, suspend or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:

AB191,13,17 (a) Made a material misstatement in an application for a license or for renewal of a license.

AB191,13,19 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of athletic training.

AB191,13,20 (c) Advertised in a manner that is false, deceptive or misleading.

AB191,13,21 (d) Advertised, practiced or attempted to practice under another's name.

AB191,13,23 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced athletic training while the applicant's or licensee's ability to practice was impaired by alcohol or other drugs.

AB191,13,24 (f) Engaged in unprofessional or unethical conduct.

AB191,14,2 (g) Engaged in conduct while practicing athletic training that evidences a lack of knowledge or ability to apply professional principles or skills.

AB191,14,4 (h) Failed to cooperate with the affiliated credentialing board in an investigation under this section.

AB191,14,6 (i) Aided another person in violating this subchapter or any rule promulgated under this subchapter.

AB191,14,7 (j) Violated this subchapter or any rule promulgated under this subchapter.

AB191,14,10 (3) In addition to or in lieu of the penalties provided under sub. (2), the affiliated credentialing board may assess against an applicant or licensee a forfeiture of not more than $10,000 for each violation specified under sub. (2).

AB191,14,16 448.958 Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing board, the department, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB191,14,19 448.959 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB191, s. 7 Section 7. 450.10 (3) (a) 5q. of the statutes is created to read:

AB191,14,21 450.10 (3) (a) 5q. An athletic trainer licensed under subch. VI of ch. 448.

AB191, s. 8 Section 8. 895.48 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 67 and 156, is amended to read:

AB191,15,8 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant licensed under ch. 448, registered nurse licensed under ch. 441 or a massage therapist or bodyworker issued a license of registration under subch. X of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB191, s. 9 Section 9. 895.48 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

AB191,15,14 895.48 (1m) (b) The physician, athletic trainer, chiropractor, dentist, emergency medical technician, physician assistant, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.

AB191, s. 10 Section 10 . Nonstatutory provisions.

AB191,15,17 (1) Initial appointments to the athletic trainers affiliated credentialing board.

AB191,15,23 (a) Notwithstanding section 15.406 (4) of the statutes, as created by this act, the initial athletic trainer members of the athletic trainers affiliated credentialing board need not be licensed under subchapter VI of chapter 448 of the statutes, as created by this act, to be appointed to and serve as members of the affiliated credentialing board until the first day of the 13th month beginning after the effective date of this paragraph.

AB191,16,2 (b) Notwithstanding section 15.406 (4) of the statutes, as created by this act, the initial members of the athletic trainers affiliated credentialing board shall be appointed by the first day of the 4th month beginning after the effective date of this paragraph for the following terms: