act-2001-0-93•Pennsylvania Act 2001-93 — OSTEOPATHIC MEDICAL PRACTICE ACT - AMEND ATHLETIC TRAINER CERTIFICATION
Pennsylvania Act 2001-93 — OSTEOPATHIC MEDICAL PRACTICE ACT - AMEND ATHLETIC TRAINER CERTIFICATION
act-2001-0-932001 Pa. Act 93Law
Act text
OSTEOPATHIC MEDICAL PRACTICE ACT - AMEND ATHLETIC TRAINER CERTIFICATION
Act of Dec. 10, 2001, P.L. 863, No. 93 Cl. 63
Session of 2001
No. 2001-93
SB 371
AN ACT
Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
"An act requiring the licensing of practitioners of osteopathic
medicine and surgery; regulating their practice; providing for
certain funds and penalties for violations and repeals,"
providing for certification of athletic trainers by the State
Board of Osteopathic Medicine; and making repeals.
The General Assembly of the Commonwealth of Pennsylvania hereby
enacts as follows:
Section 1. The definitions of "board" and "board-regulated
practitioner" in section 2 of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, are 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, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"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." The State Board of Osteopathic [Medical Examiners]
Medicine in the Department of State. Any reference in any
statute or rule to the State Board of Osteopathic Examiners
shall, on and after the effective date of this act, be construed
to be a reference to the State Board of Osteopathic [Medical
Examiners] Medicine.
"Board-regulated practitioner." An osteopathic physician,
physician assistant, [or] respiratory care practitioner or
certified athletic trainer or an applicant for a license or
certificate issued by the board.
* * *
"Certified athletic trainer." A person who is certified to
perform athletic training services by the State Board of
Medicine or the 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 2.1(a) of the act, amended July 2, 1993
(P.L.418, No.59), is amended to read:
Section 2.1. State Board of Osteopathic Medicine.
(a) The State Board of Osteopathic Medicine shall consist of
the Commissioner of Professional and Occupational Affairs 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; one member appointed by the Governor who shall
be [either] a respiratory care practitioner [or], a physician
assistant or a certified athletic trainer; and six members
appointed by the Governor who shall be graduates of a legally
incorporated and reputable college of osteopathy and shall have
been licensed to practice osteopathic medicine under the laws of
this Commonwealth and shall have been engaged in the practice of
osteopathy in this Commonwealth for a period of at least five
years. 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. The Governor
shall assure that respiratory care practitioners [and],
physician assistants and certified athletic trainers are
appointed to four-year terms on a rotating basis. [so that of
every two appointments to a four-year term one is a physician
assistant and one is a respiratory care practitioner.]
* * *
Section 3. The act is amended by adding a section to read:
Section 7.1. Athletic trainers.
(a) 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) 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) 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) The State Board of Osteopathic Medicine and the State
Board of 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
Osteopathic Medicine and the State Board of 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) Notwithstanding any provision of this act to the contrary,
doctors of medicine may supervise and direct the activities of
athletic trainers to the same extent as physicians regulated by
this act.
(f) The State Board of Osteopathic 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 a doctor of osteopathy shall
fall within the jurisdiction of the State Board of Osteopathic
Medicine.
Section 4. Section 15(b) of the act, amended December 20, 1985
(P.L.398, No.108), is amended to read:
Section 15. Reasons for refusal, revocation or suspension of
license.
* * *
(b) The board shall have authority to refuse, revoke or
suspend the certification of a physician assistant, respiratory
care practitioner or certified athletic trainer for any or all
of the following reasons:
(1) Failing to demonstrate the qualification for
certification contained in this act or regulations of the
board.
(2) Making misleading, deceptive, untrue or fraudulent
representations in his serving as a physician assistant;
practicing fraud or deceit in obtaining a certification to
serve as a physician assistant; or making a false or deceptive
biennial registration with the board.
(3) Conviction of a felony in this Commonwealth or any other
state, territory or country. Conviction as used in this
paragraph shall include a finding or verdict of guilt, an
admission of guilt or a plea of nolo contendere, or receiving
probation without verdict, disposition in lieu of trial, or an
Accelerated Rehabilitative Disposition in the disposition of
felony charges.
(4) Having his certification to serve as a physician
assistant revoked or suspended or having other disciplinary
action taken, or his application for certification refused,
revoked or suspended by the proper certifying authority of
another state, territory or country.
(5) Being unable to serve as a physician assistant with
reasonable skill and safety to the physician's patients by
reason of illness, drunkenness, excessive use of drugs,
narcotics, chemicals, or any other type of material, or as a
result of any mental or physical condition.
(6) In enforcing paragraph (5), the board shall, upon
probable cause, have authority to compel a physician assistant
to submit to a mental or physical examination by physicians
designated by it. Failure of a physician assistant to submit to
such examination shall constitute an admission of the
allegations against him unless the failure is due to
circumstances beyond his control, consequent upon which a
default and final order may be entered without the taking of
testimony or presentation of evidence. A physician assistant
affected under this paragraph shall at reasonable intervals be
afforded an opportunity to demonstrate that he can resume the
competent assistance of a physician in the physician's practice
of medicine, with reasonable skill and safety to the
physician's patients.
(7) Violating a lawful regulation promulgated by the board or
violating a lawful order of the board, previously entered by
the board in a disciplinary proceeding.
(8) Knowingly rendering medical care and services except
under the supervision and direction of the supervising
physician.
(9) Being guilty of immoral or unprofessional conduct shall
include any departure from, or the failure to conform to, the
standards of acceptable and prevailing practice for physician
assistants, in which proceeding actual injury to a patient need
not be established.
* * *
Section 5. 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 services as defined in the
act.
Section 6. 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 December 20, 1985 (P.L.457, No.112), known as the
Medical Practice Act of 1985.
Section 7. This act shall take effect in 60 days.
APPROVED--The 10th day of December, A. D. 2001.
MARK S. SCHWEIKER
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