LRB-1443/1
MDK:pgt:lp
1999 - 2000 LEGISLATURE
March 11, 1999 - Introduced by Representatives Foti, Meyer, Skindrud, Bock,
Goetsch, Hahn, Handrick, Hutchison, Kelso, Klusman, Ladwig,
Montgomery, Musser, Pettis, Plale, Porter, Seratti, Sinicki, Spillner,
Suder and Ward, cosponsored by Senators Shibilski, Roessler, Breske,
Schultz, Erpenbach, Welch and Cowles. Referred to Committee on
Consumer Affairs.
AB191,1,6
1An Act to amend 895.48 (1m) (intro.) and 895.48 (1m) (b); and
to create 15.406
2(3), 146.81 (1) (eq), 180.1901 (1m) (bm), 252.14 (1) (ar) 4q., 440.08 (2) (a) 14f.,
3subchapter V of chapter 448 [precedes 448.95] and 450.10 (3) (a) 5q. of the
4statutes;
relating to: the regulation of athletic trainers, creating an athletic
5trainers affiliated credentialing board, granting rule-making authority and
6providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a six-member athletic trainers affiliated credentialing board
(affiliated credentialing board) that is attached to the medical examining board, and
establishes requirements for the licensing of athletic trainers by the affiliated
credentialing board.
The bill does not require an individual to be licensed as an athletic trainer in
order to practice athletic training, but the bill does, with certain exceptions, restrict
the use of the titles "athletic trainer", "licensed athletic trainer", "certified athletic
trainer" and "registered athletic trainer" to individuals who are licensed as athletic
trainers by the affiliated credentialing board. The bill also prohibits an individual
who is not a licensed athletic trainer from using any other title, letters or designation
that represents or may tend to represent the individual as an athletic trainer.
Under the bill, an individual must do all of the following to be licensed as an
athletic trainer:
1. Submit 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.
2. Submit evidence satisfactory to the affiliated credentialing board that he or
she does not have an arrest or conviction record, or a history of alcohol or other drug
abuse, that is substantially related to the practice of athletic training.
3. Provide a statement as to whether he or she has applied for or been granted
an athletic trainer credential from any licensing jurisdiction in the United States or
in any foreign country and, if so, whether the application was denied or whether he
or she was subject to discipline while holding a credential from another licensing
jurisdiction.
4. Pass an examination conducted or approved by the affiliated credentialing
board.
5. Submit evidence satisfactory to the affiliated credentialing board that he or
she has met the certification requirements established by, and has passed the
certification examination administered by, the National Athletic Trainers
Association Board of Certification.
The bill also provides for two temporary licenses. An individual who satisfies
all of the requirements for a license except for passing the examination is eligible for
a nonrenewable temporary license that is valid for one year. An individual who
satisfies all of the requirements for a license except for passing the examination and
meeting the certification requirements is eligible for a temporary license that is valid
for two years if he or she has engaged in athletic training during the 12 months prior
to the effective date of the bill. This temporary license may be renewed once if the
individual has made significant progress toward meeting the certification
requirements.
The bill provides for the reciprocal licensure of individuals who have been
issued an athletic trainer credential by another licensing jurisdiction in the United
States if that jurisdiction has requirements for credentialing that are substantially
equivalent to the requirements established under the bill.
The bill also establishes practice requirements for an individual who is licensed
as an athletic trainer by the affiliated credentialing board. A licensed athletic
trainer must practice athletic training in accordance with an evaluation and
treatment protocol established by the athletic trainer and approved by the physician
with whom the athletic trainer will consult while practicing athletic training. In
addition, a licensed athletic trainer may also do any of the following: 1) monitor the
general behavior and general physical response of a person to treatment and
rehabilitation; 2) suggest modifications in treatment or rehabilitation to the
consulting physician or other health care provider who is providing treatment to an
injured person; and 3) develop and administer an athletic training program for a
person.
Finally, a licensed athletic trainer must complete continuing education
requirements established by the affiliated credentialing board and must have
liability insurance or a surety bond in a minimum amount set by the affiliated
credentialing board in order to renew his or her athletic trainer license.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB191, s. 1
1Section
1. 15.406 (4) of the statutes is created to read:
AB191,3,52
15.406
(4) Athletic trainers affiliated credentialing board. There is created
3in the department of regulation and licensing, attached to the medical examining
4board, an athletic trainers affiliated credentialing board consisting of the following
5members appointed for 4-year terms:
AB191,3,96
(a) Four athletic trainers who are licensed under subch. VI of ch. 448 and who
7have not been issued a credential in athletic training by a governmental authority
8in a jurisdiction outside this state. One of the athletic trainer members may also be
9licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448.
AB191,3,1110
(b) One member who is licensed to practice medicine and surgery under subch.
11II of ch. 448 and who has experience with athletic training and sports medicine.
AB191,3,1212
(c) One public member.
AB191, s. 2
13Section
2. 146.81 (1) (eq) of the statutes is created to read:
AB191,3,1414
146.81
(1) (eq) An athletic trainer licensed under subch. VI of ch. 448.
AB191, s. 3
15Section
3. 180.1901 (1m) (bs) of the statutes is created to read:
AB191,3,1716
180.1901
(1m) (bs) Athletic trainers affiliated credentialing board under
17subch. VI of ch. 448.
AB191, s. 4
18Section
4. 252.14 (1) (ar) 4q. of the statutes is created to read:
AB191,3,1919
252.14
(1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.
AB191, s. 5
20Section
5. 440.08 (2) (a) 14f. of the statutes is created to read:
AB191,3,2121
440.08
(2) (a) 14f. Athletic trainer: July 1 of each even-numbered year; $41.
AB191, s. 6
1Section
6. Subchapter VI of chapter 448 [precedes 448.95] of the statutes is
2created to read:
AB191,4,64
Subchapter VI
5
Athletic trainers affiliated
6
credentialing board
AB191,4,7
7448.95 Definitions. In this subchapter:
AB191,4,9
8(1) "Affiliated credentialing board" means the athletic trainers affiliated
9credentialing board.
AB191,4,10
10(3) "Athletic injury" means any of the following:
AB191,4,1311
(a) An injury or illness sustained by a person as a result of the person's
12participation in exercise, sports, games, recreation or activities requiring physical
13strength, agility, flexibility, range of motion, repetition, speed or stamina.
AB191,4,1614
(b) An injury or illness that impedes or prevents a person from participating
15in exercise, sports, games, recreation or activities requiring physical strength,
16agility, flexibility, range of motion, repetition, speed or stamina.
AB191,4,17
17(4) "Athletic trainer" means an individual who engages in athletic training.
AB191,4,18
18(5) "Athletic training" means doing any of the following:
AB191,4,1919
(a) Preventing, recognizing and evaluating athletic injuries.
AB191,4,2020
(b) Managing and administering the initial treatment of athletic injuries.
AB191,4,2121
(c) Giving emergency care or first aid for an athletic injury.
AB191,4,2222
(d) Rehabilitating and physically reconditioning athletic injuries.
AB191,4,25
23(5m) "Consulting physician" means a person licensed as a physician under
24subch. II who consults with an athletic trainer while the athletic trainer is engaging
25in athletic training.
AB191,5,2
1(6) "Licensee" means a person who is licensed as an athletic trainer under this
2subchapter.
AB191,5,8
3448.951 Use of title. Except as provided in s. 448.952, no person may
4designate himself or herself as an athletic trainer or use or assume the title "athletic
5trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic
6trainer" or append to the person's name any other title, letters or designation which
7represents or may tend to represent the person as an athletic trainer unless the
8person is licensed under this subchapter.
AB191,5,10
9448.952 Applicability. This subchapter does not require a license under this
10subchapter for any of the following:
AB191,5,13
11(1) Any person lawfully practicing within the scope of a license, permit,
12registration or certification granted by this state or the federal government, if the
13person does not represent himself or herself as an athletic trainer.
AB191,5,16
14(2) An athletic training student practicing athletic training within the scope
15of the student's education or training, if he or she clearly indicates that he or she is
16an athletic training student.
AB191,5,21
17(3) An athletic trainer who is in this state temporarily with an individual or
18group that is participating in a specific athletic event or series of athletic events and
19who is licensed, certified or registered by another state or country or certified as an
20athletic trainer by the Board of Certification of the National Athletic Trainers
21Association.
AB191,5,23
22448.9525 Duties of affiliated credentialing board. The affiliated
23credentialing board shall do all of the following:
AB191,5,25
24(1) (a) Maintain a complete list of athletic trainers licensed under this
25subchapter that includes the address of each person on the list.
AB191,6,2
1(b) Provide a copy of the list maintained under par. (a) to any person who
2requests a copy.
AB191,6,4
3(2) Prescribe a form for the recording of a protocol required under s. 448.956
4(1).
AB191,6,6
5(3) Subject to s. 448.956 (1), (4) and (5), promulgate rules relating to the
6minimum requirements of a protocol required under s. 448.956 (1).
AB191,6,9
7(4) Promulgate rules establishing the minimum amount of liability insurance
8or surety bonding that a licensee must have to be eligible for renewal of his or her
9license.
AB191,6,11
10448.953 Licensure of athletic trainers. (1) The affiliated credentialing
11board shall grant an athletic trainer license to a person who does all of the following:
AB191,6,1312
(a) Submits an application for the license to the department on a form provided
13by the department.
AB191,6,1414
(b) Pays the fee specified in s. 440.05 (1).
AB191,6,1715
(c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
16to the affiliated credentialing board that he or she does not have an arrest or
17conviction record.
AB191,6,2018
(d) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
19to the affiliated credentialing board that he or she does not have a history of alcohol
20or other drug abuse.
AB191,6,2321
(e) Submits evidence satisfactory to the affiliated credentialing board that he
22or she has received at least a bachelor's degree from an accredited college or
23university.
AB191,7,324
(f) Submits evidence satisfactory to the affiliated credentialing board that he
25or she has met the requirements for certification established by the National Athletic
1Trainers Association Board of Certification and has passed the certification
2examination administered by the National Athletic Trainers Association Board of
3Certification.
AB191,7,44
(g) Provides all of the following information:
AB191,7,75
1. A statement as to whether the person has been granted an athletic trainer
6credential from any licensing jurisdiction in the United States or in any foreign
7country.
AB191,7,118
2. If the person has been granted an athletic trainer credential from any
9licensing jurisdiction in the United States or in any foreign country, a description of
10any disciplinary actions initiated against the person by the licensing jurisdiction
11that issued the credential.
AB191,7,1512
3. A statement as to whether the person has ever applied for an athletic trainer
13credential from any licensing jurisdiction in the United States or in any foreign
14country and had the application denied, along with a description of why the
15credential application was denied.
AB191,7,1616
(h) Passes an examination under s. 448.954.
AB191,7,19
17(2) The affiliated credentialing board may waive the requirements under sub.
18(1) (c) to (h) for an applicant for a license under sub. (1) who establishes to the
19satisfaction of the affiliated credentialing board all of the following:
AB191,7,2120
(a) That he or she has been issued a credential as an athletic trainer by another
21licensing jurisdiction in the United States.
AB191,7,2422
(b) That the jurisdiction that issued the credential under par. (a) has
23requirements for credentialing that are substantially equivalent to the
24requirements under sub. (1) (c) to (h).
AB191,8,4
1(3) (a) The affiliated credentialing board shall issue a temporary license to a
2person who satisfies the requirements under sub. (1) (a) and (c) to (g) and who pays
3the fee specified in s. 440.05 (6). The temporary license is valid for one year and may
4not be renewed.
AB191,8,85
(b) If a person who is issued a temporary license under par. (a) submits, before
6the temporary license expires, evidence satisfactory to the affiliated credentialing
7board that he or she has passed the examination required under s. 448.954, the
8affiliated credentialing board shall issue the person a license under sub. (1).