HB 831

1
A bill to be entitled
2An act relating to high school athletic trainers; amending
3s. 1012.46, F.S.; encouraging school districts to employ
4at least one full-time certified athletic trainer at each
5high school in this state; requiring athletic trainers at
6high schools to be certified by the Board of Certification
7of the National Athletic Trainers' Association; providing
8a rebuttable presumption that a school district did not
9negligently employ an athletic trainer for purposes of a
10civil action for negligence by the athletic trainer if the
11school district made a good faith effort to comply with
12the certification requirements for athletic trainers;
13providing legislative intent; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 1012.46, Florida Statutes, is amended
18to read:
19     1012.46  Athletic trainers.-
20     (1)  School districts may establish and implement an
21athletic injuries prevention and treatment program. Central to
22this program should be the employment and availability of
23licensed athletic trainers who are certified by the Board of
24Certification of the National Athletic Trainers' Association and
25persons trained in the prevention and treatment of physical
26injuries that may occur during athletic activities. The program
27should reflect opportunities for progressive advancement and
28compensation in employment as provided in subsection (2) and
29meet certain other minimum standards developed by the Department
30of Education. The goal of the Legislature is to have School
31districts employ and have available at least one a full-time
32athletic trainer in each high school in the state that
33participates in sports.
34     (2)  To qualify as an athletic trainer, a person must be
35certified by the Board of Certification and licensed as required
36by part XIII of chapter 468 and may possess a professional,
37temporary, part-time, adjunct, or substitute certificate
38pursuant to s. 1012.35, s. 1012.56, or s. 1012.57.
39     (3)  In a civil action against a school district for the
40death of, or injury or damage to, an individual which was
41allegedly caused by the negligence of an athletic trainer and
42which relates to the treatment of a sports injury by the
43athletic trainer, there is a rebuttable presumption that the
44school district was not negligent in employing the athletic
45trainer if the school district made a good faith effort to
46comply with the provisions of this section prior to such
47employment.
48     (4)  It is the intent of this section to create and ensure
49a designated standard of care for the recognition, prevention,
50and rehabilitative treatment of high school athletic injuries in
51this state. To ensure compliance with this standard of care, the
52management and implementation of this program should be
53administered by an entity that has the ability to work with
54local facilities and school districts to coordinate the
55training, development, and placement of licensed athletic
56trainers who are certified by the Board of Certification.
57     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.