SB447: Bill Text

SB447,13,2 (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 from 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 or III of ch. 448.

SB447,13,7 (4) If a licensee or the consulting physician of a 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 or III of ch. 448 and who can provide appropriate treatment to the patient.

SB447,13,9 (5) A licensee shall modify or terminate treatment of a patient that is not beneficial to a patient or that the patient cannot tolerate.

SB447,13,13 448.957 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.

SB447,13,17 (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:

SB447,13,19 (a) Made a material misstatement in an application for a license or for renewal of a license.

SB447,13,21 (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.

SB447,13,22 (c) Advertised in a manner that is false, deceptive or misleading.

SB447,13,23 (d) Advertised, practiced or attempted to practice under another's name.

SB447,13,25 (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.

SB447,14,1 (f) Engaged in unprofessional or unethical conduct.

SB447,14,3 (g) Engaged in conduct while practicing athletic training which evidences a lack of knowledge or ability to apply professional principles or skills.

SB447,14,5 (h) Failed to cooperate with the affiliated credentialing board in an investigation under this section.

SB447,14,7 (i) Aided another person in violating this subchapter or any rule promulgated under this subchapter.

SB447,14,8 (j) Violated this subchapter or any rule promulgated under this subchapter.

SB447,14,11 (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).

SB447,14,17 448.958 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.

SB447,14,20 448.959 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.

SB447, s. 8 Section 8. 450.10 (3) (a) 5q. of the statutes is created to read:

SB447,14,22 450.10 (3) (a) 5q. An athletic trainer licensed under subch. V of ch. 448.

SB447, s. 9 Section 9. 895.48 (1m) (intro.) of the statutes is amended to read:

SB447,15,7 895.48 (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 certified under ch. 448 or registered nurse licensed under ch. 441 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:

SB447, s. 10 Section 10. 895.48 (1m) (b) of the statutes is amended to read:

SB447,15,11 895.48 (1m) (b) The physician, athletic trainer, chiropractor, dentist, emergency medical technician, physician assistant or registered nurse does not receive compensation for the health care, other than reimbursement for expenses.

SB447, s. 11 Section 11 . Nonstatutory provisions.

SB447,15,14 (1)  Initial appointments to the athletic trainers affiliated credentialing board.

SB447,15,20 (a)  Notwithstanding section 15.406 (3) 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 V 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.

SB447,15,24 (b)  Notwithstanding section 15.406 (3) 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:

SB447,16,2 1.  One athletic trainer member and one member who is licensed under chapter 446 or 447 or subchapter II or III of chapter 448, for terms expiring on July 1, 1997.

SB447,16,3 2.  One athletic trainer member, for a term expiring on July 1, 1998.

SB447,16,4 3.  One public member, for a term expiring on July 1, 1999.

SB447,16,5 4.  One athletic trainer member, for a term expiring on July 1, 2000.

SB447,16,13 (2)  Waiver of certain licensing requirements. Notwithstanding section 448.953 (1) (c) to (h) of the statutes, as created by this act, the athletic trainers affiliated credentialing board shall grant an athletic trainer license under section 448.953 (1) of the statutes, as created by this act, to an individual who, not later than the last day of the 13th month beginning after the effective date of this subsection, satisfies the requirements under section 448.953 (1) (a) and (b) of the statutes, as created by this act, and submits evidence satisfactory to the affiliated credentialing board that he or she satisfies any of the following:

SB447,16,15 (a)  He or she has current certification as an athletic trainer by the National Athletic Trainers Association Board of Certification.

SB447,16,18 (b)  He or she has been certified as an athletic trainer by the National Athletic Trainers Association before 1971 through the grandfather process of the National Athletic Trainers Association.

SB447,16,20 (c)  He or she has been employed as an athletic trainer for at least 3 years during the 4-year period immediate preceding the effective date of this paragraph.

SB447, s. 12 Section 12. Effective dates. This act takes effect on the first day of the 13th month beginning after publication, except as follows:

SB447,16,24 (1)  The treatment of section 15.406 (3) of the statutes and Section 11 of this act take effect on the day after publication.

SB447,16,25 (End)