Amendment ASA1-AB191

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 191

April 14, 1999 - Offered by Representative Musser.

AB191-ASA1,1,6 An Act to amend 895.48 (1m) (intro.) and 895.48 (1m) (b); and to create 15.406 (4), 146.81 (1) (eq), 180.1901 (1m) (bs), 252.14 (1) (ar) 4q., 440.08 (2) (a) 14f., subchapter VI of chapter 448 [precedes 448.95] and 450.10 (3) (a) 5q. of the statutes; relating to: the regulation of athletic trainers, creating an athletic trainers affiliated credentialing board, granting rule-making authority and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB191-ASA1, s. 1 Section 1. 15.406 (4) of the statutes is created to read:

AB191-ASA1,1,11 15.406 (4) Athletic trainers affiliated credentialing board. There is created in the department of regulation and licensing, attached to the medical examining board, an athletic trainers affiliated credentialing board consisting of the following members appointed for 4-year terms:

AB191-ASA1,2,4 (a) Four athletic trainers who are licensed under subch. VI of ch. 448 and who have not been issued a credential in athletic training by a governmental authority in a jurisdiction outside this state. One of the athletic trainer members may also be licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448.

AB191-ASA1,2,6 (b) One member who is licensed to practice medicine and surgery under subch. II of ch. 448 and who has experience with athletic training and sports medicine.

AB191-ASA1,2,7 (c) One public member.

AB191-ASA1, s. 2 Section 2. 146.81 (1) (eq) of the statutes is created to read:

AB191-ASA1,2,9 146.81 (1) (eq) An athletic trainer licensed under subch. VI of ch. 448.

AB191-ASA1, s. 3 Section 3. 180.1901 (1m) (bs) of the statutes is created to read:

AB191-ASA1,2,12 180.1901 (1m) (bs) Athletic trainers affiliated credentialing board under subch. VI of ch. 448.

AB191-ASA1, s. 4 Section 4. 252.14 (1) (ar) 4q. of the statutes is created to read:

AB191-ASA1,2,14 252.14 (1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.

AB191-ASA1, s. 5 Section 5. 440.08 (2) (a) 14f. of the statutes is created to read:

AB191-ASA1,2,16 440.08 (2) (a) 14f. Athletic trainer: July 1 of each even-numbered year; $41.

AB191-ASA1, s. 6 Section 6. Subchapter VI of chapter 448 [precedes 448.95] of the statutes is created to read:

AB191-ASA1,2,19 Chapter 448

AB191-ASA1,2,22 Subchapter VI Athletic trainers affiliated credentialing board

AB191-ASA1,2,23 448.95 Definitions. In this subchapter:

AB191-ASA1,2,25 (1) "Affiliated credentialing board" means the athletic trainers affiliated credentialing board.

AB191-ASA1,3,2 (2) "Athlete" means a person participating in vigorous activities, sports, games or recreation.

AB191-ASA1,3,3 (3) "Athletic injury" means any of the following:

AB191-ASA1,3,5 (a) An injury or illness sustained by an athlete as a result of the athlete's participation in exercise, sports, games or recreation.

AB191-ASA1,3,7 (b) An injury or illness that impedes or prevents an athlete from participating in exercise, sports, games or recreation.

AB191-ASA1,3,8 (4) "Athletic trainer" means an individual who engages in athletic training.

AB191-ASA1,3,9 (5) "Athletic training" means doing any of the following:

AB191-ASA1,3,10 (a) Preventing, recognizing and evaluating athletic injuries.

AB191-ASA1,3,11 (b) Managing and administering the initial treatment of athletic injuries.

AB191-ASA1,3,12 (c) Giving emergency care or first aid for an athletic injury.

AB191-ASA1,3,13 (d) Rehabilitating and physically reconditioning athletic injuries.

AB191-ASA1,3,16 (e) Developing and administering an athletic training program for an athlete. An athletic training program under this paragraph may include providing education and counseling to an athlete.

AB191-ASA1,3,18 (f) Treating and rehabilitating an athletic injury using cold, heat, light, sound, electricity, exercise, chemicals or mechanical devices.

AB191-ASA1,3,20 (g) Evaluating and treating an athlete for an athletic injury that has not previously been diagnosed.

AB191-ASA1,3,23 (5m) "Consulting physician" means a person licensed as a physician under subch. II who consults with an athletic trainer while the athletic trainer is engaging in athletic training.

AB191-ASA1,3,25 (6) "Licensee" means a person who is licensed as an athletic trainer under this subchapter.

AB191-ASA1,4,6 448.951 Use of title. Except as provided in s. 448.952, no person may designate himself or herself as an athletic trainer or use or assume the title "athletic trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic trainer" or append to the person's name any other title, letters or designation which represents or may tend to represent the person as an athletic trainer unless the person is licensed under this subchapter.

AB191-ASA1,4,8 448.952 Applicability. This subchapter does not require a license under this subchapter for any of the following:

AB191-ASA1,4,11 (1) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government, if the person does not represent himself or herself as an athletic trainer.

AB191-ASA1,4,14 (2) An athletic training student practicing athletic training within the scope of the student's education or training, if he or she clearly indicates that he or she is an athletic training student.

AB191-ASA1,4,19 (3) An athletic trainer who is in this state temporarily with an individual or group that is participating in a specific athletic event or series of athletic events and who is licensed, certified or registered by another state or country or certified as an athletic trainer by the Board of Certification of the National Athletic Trainers Association.

AB191-ASA1,4,21 448.9525 Duties of affiliated credentialing board. (1) The affiliated credentialing board shall do all of the following:

AB191-ASA1,4,23 (a) Maintain a complete list of athletic trainers licensed under this subchapter that includes the address of each person on the list.

AB191-ASA1,4,25 (b) Provide a copy of the list maintained under par. (a) to any person who requests a copy.

AB191-ASA1,5,1 (c) Prescribe a form for the recording of a protocol required under s. 448.956 (1).

AB191-ASA1,5,4 (d) 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-ASA1,5,7 (2) Subject to s. 448.956 (1), (4) and (5), the affiliated credentialing board and the medical examining board shall jointly promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 (1).

AB191-ASA1,5,9 448.953 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-ASA1,5,11 (a) Submits an application for the license to the department on a form provided by the department.

AB191-ASA1,5,12 (b) Pays the fee specified in s. 440.05 (1).

AB191-ASA1,5,15 (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-ASA1,5,18 (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-ASA1,5,21 (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-ASA1,6,2 (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-ASA1,6,3 (g) Provides all of the following information:

AB191-ASA1,6,6 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-ASA1,6,10 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-ASA1,6,14 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-ASA1,6,15 (h) Passes an examination under s. 448.954.

AB191-ASA1,6,18 (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-ASA1,6,20 (a) That he or she has been issued a credential as an athletic trainer by another licensing jurisdiction in the United States.

AB191-ASA1,6,23 (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-ASA1,7,2 (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-ASA1,7,6 (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-ASA1,7,15 (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-ASA1,7,19 (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-ASA1,7,21 (5) An application form for a license under this section shall include all of the following:

AB191-ASA1,7,23 (a) An affirmation by the applicant that the information that he or she is supplying on the application is true and complete.

AB191-ASA1,7,25 (b) A statement that the applicant authorizes the affiliated credentialing board to have access to any of the following:

AB191-ASA1,8,2 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-ASA1,8,5 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-ASA1,8,10 448.954 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-ASA1,8,13 (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-ASA1,8,18 448.9545 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-ASA1,8,20 (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-ASA1,8,21 1. Management.

AB191-ASA1,8,22 2. Risk management.

AB191-ASA1,8,23 3. Personal growth.

AB191-ASA1,8,24 4. Educational techniques.

AB191-ASA1,9,2 (2) The affiliated credentialing board may approve any of the following courses for continuing education credit:

AB191-ASA1,9,4 (a) A course that has been approved for continuing education credit by the National Athletic Trainers Association Board of Certification.

AB191-ASA1,9,5 (b) Any course that satisfies all of the following:

AB191-ASA1,9,7 1. The course is directly related to the practice of athletic training or sports medicine and lasts at least one hour.

AB191-ASA1,9,12 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-ASA1,9,14 3. The course has specific written objectives describing the goals of the course for the participants.