Pennsylvania Act 2001-92 — MEDICAL PRACTICE ACT OF 1985 - AMEND ATHLETIC TRAINER CERTIFICATION

Act text

MEDICAL PRACTICE ACT OF 1985 - AMEND ATHLETIC TRAINER CERTIFICATION
                  Act of Dec. 10, 2001, P.L. 859, No. 92              Cl. 63
                             Session of 2001
                               No. 2001-92

     SB 370

                                  AN ACT

     Amending the act of December 20, 1985 (P.L.457, No.112),
        entitled "An act relating to the right to practice medicine
        and surgery and the right to practice medically related acts;
        reestablishing the State Board of Medical Education and
        Licensure as the State Board of Medicine and providing for
        its composition, powers and duties; providing for the
        issuance of licenses and certificates and the suspension and
        revocation of licenses and certificates; providing penalties;
        and making repeals," providing for certification of athletic
        trainers by the State Board of Medicine; and making repeals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "board regulated practitioner"
     in section 2 of the act of December 20, 1985 (P.L.457, No.112),
     known as the Medical Practice Act of 1985, is amended and the
     section is amended by adding definitions to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Athletic training services."  The management and provision
     of care of injuries to a physically active person as defined in
     this act with the direction of a licensed physician. The term
     includes the rendering of emergency care, development of injury
     prevention programs and providing appropriate preventative and
     supporting devices for the physically active person. The term
     also includes the assessment, management, treatment,
     rehabilitation and reconditioning of the physically active
     person whose conditions are within the professional preparation
     and education of a certified athletic trainer. The term also
     includes the use of modalities such as mechanical stimulation,
     heat, cold, light, air, water, electricity, sound, massage and
     the use of therapeutic exercises, reconditioning exercise and
     fitness programs. Athletic training services shall not include
     surgery, invasive procedures or prescription of any controlled
     substance.
        * * *
        "Board regulated practitioner."  A medical doctor, midwife,
     physician assistant, respiratory care practitioner, certified
     athletic trainer or drugless therapist or an applicant for a
     license or certificate the board may issue.
        "Certified athletic trainer."  A person who is certified to
     perform athletic training services by the State Board of
     Medicine or State Board of Osteopathic Medicine.
        * * *
        "Direction."  Supervision over the actions of a certified
     athletic trainer via referral by prescription to treat
     conditions for a physically active person from a licensed
     physician, dentist or podiatrist or written protocol approved by
     a supervising physician, dentist or podiatrist, except that the
     physical presence of the supervising physician, dentist or
     podiatrist is not required if the supervising physician, dentist
     or podiatrist is readily available for consultation by direct
     communication, radio, telephone, facsimile, telecommunications
     or via other electronic means.
        * * *
        "Physically active person."  An individual who participates
     in organized individual or team sports, athletic games or
     recreational sport activity.
        * * *
        "Referral."  An order from a licensed physician, dentist or
     podiatrist to a certified athletic trainer for athletic training
     services. An order may be written or oral, except that an oral
     order must be reduced to writing within 72 hours of issuance.
        * * *
        "Written protocol."  A written agreement developed in
     conjunction with one or more supervising physicians which
     identifies and is signed by the supervising physician and the
     certified athletic trainer. It describes the manner and
     frequency in which the certified athletic trainer regularly
     communicates with the supervising physician. It includes
     standard operating procedures developed in agreement with the
     supervising physician and certified athletic trainer that the
     certified athletic trainer follows when not directly supervised
     on site by the supervising physician.
        Section 2.  Section 3(a) of the act, amended July 2, 1993
     (P.L.424, No.60), is amended to read:
      Section 3.  State Board of Medicine.
        (a)  Establishment.--The State Board of Medicine shall
     consist of the commissioner or his designee, the Secretary of
     Health or his designee, two members appointed by the Governor
     who shall be persons representing the public at large and seven
     members appointed by the Governor, six of whom shall be medical
     doctors with unrestricted licenses to practice medicine and
     surgery in this Commonwealth for five years immediately
     preceding their appointment and one who shall be a nurse
     midwife, physician assistant, certified registered nurse
     practitioner [or], respiratory care practitioner or certified
     athletic trainer licensed or certified under the laws of this
     Commonwealth. All professional and public members of the board
     shall be appointed by the Governor, with the advice and consent
     of a majority of the members elected to the Senate.
        * * *
        Section 3.  The act is amended by adding a section to read:
      Section 51.1.  Athletic trainers.
        (a)  General rule.--An athletic trainer certified by the
     board may, under the direction of a physician, podiatrist or
     dentist, provide athletic training services to a physically
     active person under the care of a physician, dentist or
     podiatrist. An athletic trainer certified under this section
     shall refer a physically active person with conditions outside
     the scope of athletic training services to a physician, dentist
     or podiatrist.
        (b)  Temporary certifications.--Any athletic trainer who
     holds a valid certificate issued by the State Board of Physical
     Therapy under the act of October 10, 1975 (P.L.383, No.110),
     known as the Physical Therapy Practice Act, relating to the
     practice of athletic training, prior to the effective date of
     this act shall, on and after the effective date hereof, be
     deemed to be certified by the State Board of Medicine or State
     Board of Osteopathic Medicine as provided for in this act.
        (c)  Certification, title and limitation on practice.--An
     athletic trainer who meets the requirements of this section
     shall be certified, may use the title "athletic trainer" or the
     abbreviation for the title, "A.T.C.," and may perform athletic
     training services. A person who is not certified under this
     section may not use the designation of certified athletic
     trainer, athletic trainer or any of the listed abbreviations for
     that title, including "C.A.T." or "A.T.C.," or any similar
     designation. This section shall not prohibit any person trained
     and licensed or certified under any other law from engaging in
     the licensed or certified practice in which the person is
     trained.
        (d)  Regulations.--The State Board of Medicine and the State
     Board of Osteopathic Medicine shall jointly promulgate
     regulations which:
            (1)  establish approved education and training programs
        for certification; and
            (2)  define the circumstances and protocol under which a
        certified athletic trainer may perform athletic training
        services.
     Until such regulations are promulgated by the State Board of
     Medicine and the State Board of Osteopathic Medicine, the
     athletic trainer shall be regulated by the regulations, duly
     promulgated by the State Board of Physical Therapy prior to the
     enactment of this amendatory act governing the activities of
     certified athletic trainers, which are not inconsistent with
     this act.
        (e)  Doctors of Osteopathic Medicine.--Notwithstanding any
     provision of the act of October 5, 1978 (P.L.1109, No.261),
     known as the Osteopathic Medical Practice Act, to the contrary,
     doctors of osteopathic medicine may supervise and direct the
     activities of athletic trainers to the same extent as physicians
     regulated by this act.
        (f)  Jurisdiction.--The State Board of Medicine shall be
     responsible for the certification of athletic trainers.
     Jurisdiction will be determined by the type of physician who
     supervises and directs the certified athletic trainer. Certified
     athletic trainers supervised by physicians regulated by the
     Medical Practice Act of 1985 shall fall within the jurisdiction
     of the State Board of Medicine.
        Section 4.  The practice of athletic training shall not
     include the practice of physical therapy as defined by the act
     of October 10, 1975 (P.L.383, No.110), known as the Physical
     Therapy Practice Act; however, that exclusion shall not operate
     to prohibit the rendering of athletic training services as
     defined in the act.
        Section 5.  The following acts and parts of acts are repealed
     insofar as they are inconsistent with this act:
        The act of October 10, 1975 (P.L.383, No.110), known as the
     Physical Therapy Practice Act.
        The act of October 5, 1978 (P.L.1109, No.261), known as the
     Osteopathic Medical Practice Act.
        Section 6.  This act shall take effect in 60 days.

     APPROVED--The 10th day of December, A. D. 2001.

     MARK S. SCHWEIKER