January 28, 2000






SENATE BILL No. 401

_____


DIGEST OF SB 401 (Updated January 26, 2000 1:37 PM - DI 88)



Citations Affected: IC 25-5.1.

Synopsis: Athletic trainer licensure. Removes the athletic trainer residency requirement. Exempts certain nonresident athletic trainers from licensure. Provides an exemption for student athletic trainers. Prohibits an individual who is not a licensed athletic trainer from practicing athletic training or using certain terms to indicate the individual is an athletic trainer. Provides that an individual who knowingly violates the athletic trainer statute commits a Class B misdemeanor.

Effective: July 1, 2000.





Server, Jackman




    January 10, 2000, read first time and referred to Committee on Health and Provider Services.
    January 27, 2000, amended, reported favorably _ Do Pass.






January 28, 2000

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 401



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 25-5.1-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 0.5. This article does not apply to an individual who meets the following conditions:
        (1) Is not a resident of Indiana.
        (2) Is employed for the primary purpose of providing athletic training services for an athletic or sports organization in another jurisdiction.
        (3) Provides athletic training services in Indiana related to the training or participation of a specific event but does not provide athletic training services in Indiana for more than thirty-five (35) consecutive days.

    SECTION 2. IC 25-5.1-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) To qualify for a license under this article, an individual must satisfy the following requirements:
        (1) Satisfactorily complete an application for licensure in         

accordance with the rules adopted by the board.
        (2) Pay the application fees, examination fees, and licensure fees established by the board.
        (3) Be a resident of or employed in Indiana for at least ninety (90) consecutive days before the date of application.
        (4) (3) Not have been convicted of a crime that has a direct bearing on the applicant's ability to practice competently as determined by the board.
        (5) (4) Not have had disciplinary action taken against the ap plicant or the applicant's license by the board or by the licensing agency of another state or jurisdiction by reason of the applicant's inability to safely practice athletic training with those reasons for discipline still being valid as determined by the board.
        (6) (5) Show to the satisfaction of the board that the applicant has received at least a baccalaureate degree from an institution of higher education that meets the academic standards for athletic trainers established by NATA and described in subsection (b).
        (7) (6) Except to the extent that section 6 of this chapter applies, successfully pass the qualifying examination adopted by the board as described in IC 25-5.1-2-6(8).
    (b) The minimum academic standards for athletic trainers licensed under this article as required under subsection (a)(6) (a)(5) include the satisfactory completion of an academic program that includes at least the following accredited courses:
        (1) Human anatomy.
        (2) Human physiology.
        (3) Physiology of exercise.
        (4) Kinesiology.
        (5) Personal health.
        (6) Basic athletic training.
        (7) Advanced athletic training.
        (8) Clinical experience as prescribed by the board.
        (9) Therapeutic modalities.
        (10) Rehabilitation.
    (c) The examination described in subsection (a)(7) (a)(6) shall be offered two (2) times during each calendar year.
    SECTION 3. IC 25-5.1-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. The board may refuse to issue a license to an applicant for licensure under section 1 of this chapter if:
        (1) the board determines during the application process that the applicant committed an act that would have subjected the

applicant to disciplinary sanction under section 1(a)(5) 1(a)(4) of this chapter if the applicant had been:
            (A) certified before July 1, 1998; or
            (B) licensed after June 30, 1998;
        in Indiana when the act occurred; or
        (2) the applicant has had a:
            (A) certificate revoked under IC 25-1-1.1 before July 1, 1998; or
            (B) license revoked under IC 25-1-1.1 after June 30, 1998.
    SECTION 4. IC 25-5.1-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. If an individual who applies for a license under this article meets any of the following conditions, the individual may be exempted from the examination requirement under section 1(a)(7) 1(a)(6) of this chapter by action of the board:
        (1) The individual is licensed to practice athletic training in another state if the other state's standards for licensure are at least equal to the standards for licensure in Indiana.
        (2) The individual is certified by NATA and is otherwise qualified for licensure under this article.
        (3) The individual is certified by an organization recognized by the National Commission on Competency Assurance and is otherwise qualified for licensure under this article.
    SECTION 5. IC 25-5.1-3-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. This article does not prohibit the following:
        (1) The practice of an occupation or profession for which an individual is licensed, certified, or registered in Indiana by a state agency.
        (2) The practice of a health care occupation or profession by an individual who is practicing within the individual's education and experience.
        (3) The performance of a first aid procedure incidental to an individual's employment or volunteer duties.
        (4) The performance of an emergency first aid procedure by an individual.
         (5) A student, an intern, or a trainee from pursuing a course of study in athletic training from an accredited institution of higher education if:
            (A) the activities are performed under qualified supervision and constitute a part of the individual's supervised course of study; and


            (B) the individual uses a title that contains the word "intern", "student", or "trainee".
        (6) The use of the title "student athletic trainer" by a student enrolled in a high school or an institution of higher education while assisting an athletic trainer during athletic activities of the high school or institution of higher education.

    SECTION 6. IC 25-5.1-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. An individual may not:
         (1) practice as an athletic trainer; or
        (2)
use:
             (A) the title "licensed athletic trainer", "athletic trainer", "licensed trainer", or "athletic training";
            (B) the abbreviations "AT", "ATC", "AT,C", "LAT", "ATC/L"; or
            (C) other words, abbreviations, or insignia;
        to indicate or imply that the individual is an athletic trainer;

unless the individual is licensed under this article.
    SECTION 7. IC 25-5.1-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. An individual who knowingly violates or causes to be violated section 1 of this chapter commits a Class C infraction. B misdemeanor.