SB79: Bill Text

1999 Senate BILL 79

March 10, 1999 - Introduced by Senators Shibilski, Cowles, Erpenbach, Welch, Breske, Schultz and Roessler, cosponsored by Representatives Foti, Meyer, Porter, Ward, Bock, Musser, Plale, Sinicki, Skindrud, Klusman, Handrick, Ladwig, Hahn, Seratti, Kelso, Hutchison, Goetsch, Spillner, Pettis, Montgomery and Suder. Referred to Committee on Human Services and Aging.

SB79,1,6 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.

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:

SB79, s. 1 Section 1. 15.406 (4) of the statutes is created to read:

SB79,3,5 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:

SB79,3,9 (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.

SB79,3,11 (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.

SB79,3,12 (c) One public member.

SB79, s. 2 Section 2. 146.81 (1) (eq) of the statutes is created to read:

SB79,3,14 146.81 (1) (eq) An athletic trainer licensed under subch. VI of ch. 448.

SB79, s. 3 Section 3. 180.1901 (1m) (bs) of the statutes is created to read:

SB79,3,17 180.1901 (1m) (bs) Athletic trainers affiliated credentialing board under subch. VI of ch. 448.

SB79, s. 4 Section 4. 252.14 (1) (ar) 4q. of the statutes is created to read:

SB79,3,19 252.14 (1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.

SB79, s. 5 Section 5. 440.08 (2) (a) 14f. of the statutes is created to read:

SB79,3,21 440.08 (2) (a) 14f. Athletic trainer: July 1 of each even-numbered year; $41.

SB79, s. 6 Section 6. Subchapter VI of chapter 448 [precedes 448.95] of the statutes is created to read:

SB79,4,3 Chapter 448

SB79,4,6 Subchapter VI Athletic trainers affiliated credentialing board

SB79,4,7 448.95 Definitions. In this subchapter:

SB79,4,9 (1) "Affiliated credentialing board" means the athletic trainers affiliated credentialing board.

SB79,4,10 (3) "Athletic injury" means any of the following:

SB79,4,13 (a) An injury or illness sustained by a person as a result of the person's participation in exercise, sports, games, recreation or activities requiring physical strength, agility, flexibility, range of motion, repetition, speed or stamina.

SB79,4,16 (b) An injury or illness that impedes or prevents a person from participating in exercise, sports, games, recreation or activities requiring physical strength, agility, flexibility, range of motion, repetition, speed or stamina.

SB79,4,17 (4) "Athletic trainer" means an individual who engages in athletic training.

SB79,4,18 (5) "Athletic training" means doing any of the following:

SB79,4,19 (a) Preventing, recognizing and evaluating athletic injuries.

SB79,4,20 (b) Managing and administering the initial treatment of athletic injuries.

SB79,4,21 (c) Giving emergency care or first aid for an athletic injury.

SB79,4,22 (d) Rehabilitating and physically reconditioning athletic injuries.

SB79,4,25 (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.

SB79,5,2 (6) "Licensee" means a person who is licensed as an athletic trainer under this subchapter.

SB79,5,8 448.951 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.

SB79,5,10 448.952 Applicability. This subchapter does not require a license under this subchapter for any of the following:

SB79,5,13 (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.

SB79,5,16 (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.

SB79,5,21 (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.

SB79,5,23 448.9525 Duties of affiliated credentialing board. The affiliated credentialing board shall do all of the following:

SB79,5,25 (1) (a) Maintain a complete list of athletic trainers licensed under this subchapter that includes the address of each person on the list.

SB79,6,2 (b) Provide a copy of the list maintained under par. (a) to any person who requests a copy.

SB79,6,4 (2) Prescribe a form for the recording of a protocol required under s. 448.956 (1).

SB79,6,6 (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).

SB79,6,9 (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.

SB79,6,11 448.953 Licensure of athletic trainers. (1) The affiliated credentialing board shall grant an athletic trainer license to a person who does all of the following:

SB79,6,13 (a) Submits an application for the license to the department on a form provided by the department.

SB79,6,14 (b) Pays the fee specified in s. 440.05 (1).

SB79,6,17 (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.

SB79,6,20 (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.

SB79,6,23 (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.

SB79,7,3 (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.

SB79,7,4 (g) Provides all of the following information:

SB79,7,7 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.

SB79,7,11 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.

SB79,7,15 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.

SB79,7,16 (h) Passes an examination under s. 448.954.

SB79,7,19 (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:

SB79,7,21 (a) That he or she has been issued a credential as an athletic trainer by another licensing jurisdiction in the United States.

SB79,7,24 (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).

SB79,8,4 (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.

SB79,8,8 (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).

SB79,8,17 (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).

SB79,8,21 (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).

SB79,8,23 (5) An application form for a license under this section shall include all of the following:

SB79,8,25 (a) An affirmation by the applicant that the information that he or she is supplying on the application is true and complete.

SB79,9,2 (b) A statement that the applicant authorizes the affiliated credentialing board to have access to any of the following:

SB79,9,4 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).

SB79,9,7 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.

SB79,9,12 448.954 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.