SB1129 HD1.DOC

PART I

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ATHLETIC TRAINERS

§ -1 Title. This chapter is known as the "Athletic Trainer Registration Act."

§ -2 Definitions. As used in this chapter, unless the context indicates otherwise:

"Athletic trainer" means an individual who is registered under this chapter and carries out the practice of athletic training.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Practice of athletic training" means the application by a registered and certified athletic trainer of principles and methods of:

(1) Prevention;

(2) Clinical evaluation and diagnosis;

(3) Immediate care;

(4) Treatment, rehabilitation, and reconditioning;

(5) Organization and administration;

(6) Professional responsibility; and

(7) Education.

"Treating physician" means a physician or surgeon or an osteopathic physician or surgeon licensed under chapter 453, who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by rule.

§ -3 Registration required. (a) No person shall represent, advertise, or announce oneself either publicly or privately as an athletic trainer, nor use in connection with the person’s name or place of business the words "registered athletic trainer," "athletic trainer," "ATC," or any other words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer unless the person has registered with the department of commerce and consumer affairs and meets certain qualifications pursuant to section -6.

(b) Nothing in this chapter shall be construed to prohibit:

(1) Students in an educational program for athletic trainers from participating in activities that are conducted as part of the educational program and are under the supervision and guidance of a registered athletic trainer;

(2) An individual serving in the armed forces of the United States, the United States Public Health Service, United States Department of Veterans Affairs, or any other federal agency, from engaging in activities regulated under this chapter as a part of employment with that federal agency, if the individual holds a valid license to practice a regulated occupation or profession issued by any other state or jurisdiction recognized by the division;

(3) An individual who is invited by a recognized school, association, society, or other body approved by the division, from conducting a lecture, clinic, or demonstration of the practice of a regulated occupation or profession, if the individual does not establish a place of business or regularly engage in the practice of the regulated occupation or profession in the state;

(4) An individual licensed, registered, or certified, in another state or country, from coming to the state to temporarily attend to the needs of an athletic team or group, except that the practitioner may only attend to the needs of the athletic team or group, including all individuals who travel with the team or group in any capacity except as a spectator;

(5) An individual licensed, registered, or certified and in good standing in another state, from coming to the state:

(A) Under the invitation and control of a sponsoring entity;

(B) For a reason associated with a special purpose event, based on needs that may exceed the ability of the State to address through its licensees, as determined by the division; and

§ -4 Registration requirements. (a) Athletic trainers shall:

(1) Register with the department by providing the athletic trainer's name, business address, and a current and unencumbered certification from the National Athletic Trainers' Association Board of Certification, Inc.;

(2) Renew the athletic trainer's registration every three years by providing the information required by paragraph (1); and

(3) Notify the department of any changes in registration information within thirty days.

(b) The department shall maintain a current list of the names and business addresses of athletic trainers registered under subsection (a). The registrant's copy of its certification from the National Athletic Trainers' Association Board of Certification, Inc., shall be a public record.

§ -5 Duties of treating physician. A treating physician shall provide direction to an athletic trainer by verbal order when in the presence of the athletic trainer, or by written order, written athletic training service plans, or protocols, when a treating physician is not present with the athletic trainer.

§ -6 Qualifications of athletic trainers. Athletic trainers shall have completed the educational and certification requirements of the National Athletic Trainers' Association Board of Certification, Inc.

§ -7 Civil penalties. Any person who violates any provision of this chapter shall be subject to civil penalties pursuant to section 436B-26.5."

PART II

SECTION 2. The legislature finds that athletic trainers routinely work with children as young as twelve but are one of the few types of medical professionals not regulated in Hawaii. Licensure would:

(1) Ensure that Hawaii's athletic population receives specialized emergency care and appropriate treatment and rehabilitation and meet appropriate criteria before being returned to play;

(2) Require and verify, as is now required of other health care professions, demonstration of minimum competency in the profession; and

(3) Provide a mechanism to report and remedy malpractice and ethical violations, thereby reducing an existing threat of harm to the public.

As Hawaii is one of the few states without licensure requirements for athletic trainers, there is no entity to which the National Athletic Trainers' Association Board of Certification, Inc., can report disciplinary actions to ensure that appropriate action is taken to protect the public.

SECTION 3. The auditor shall perform a sunrise analysis of the licensure of athletic trainers.

The auditor shall submit findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2010.

PART III

SECTION 4. This Act shall take effect on July 1, 2009.

THE SENATE	S.B. NO.	1129
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII		H.D. 1