Pennsylvania Act 2001-93 — OSTEOPATHIC MEDICAL PRACTICE ACT - AMEND ATHLETIC TRAINER CERTIFICATION

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