House Bill 0699
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    Florida House of Representatives - 1999                 HB 699
        By the Committee on Health Care Licensing & Regulation and
    Representative Fasano
  1                      A bill to be entitled
  2         An act relating to athletic trainers; amending
  3         s. 468.701, F.S.; revising and removing
  4         definitions; amending s. 468.703, F.S.;
  5         replacing the Council of Athletic Training with
  6         a Board of Athletic Training; providing for
  7         appointment of board members and their
  8         successors; providing for staggering of terms;
  9         providing for applicability of other provisions
10         of law relating to activities of regulatory
11         boards; providing for the board's headquarters;
12         amending ss. 468.705, 468.707, 468.709,
13         468.711, 468.719, and 468.721, F.S., relating
14         to rulemaking authority, licensure by
15         examination, fees, continuing education,
16         disciplinary actions, and certain regulatory
17         transition; transferring to the board certain
18         duties of the Department of Health relating to
19         regulation of athletic trainers; amending ss.
20         20.43, 232.435, 455.607, and 455.667, F.S.;
21         correcting cross references, to conform;
22         providing for termination of the council and
23         the terms of council members; authorizing
24         consideration of former council members for
25         appointment to the board; providing an
26         effective date.
27
28  Be It Enacted by the Legislature of the State of Florida:
29
30         Section 1.  Section 468.701, Florida Statutes, 1998
31  Supplement, is amended to read:
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  1         468.701  Definitions.--As used in this part, the term:
  2         (1)  "Athlete" means a person who participates in an
  3  athletic activity.
  4         (2)  "Athletic activity" means the participation in an
  5  activity, conducted by an educational institution, a
  6  professional athletic organization, or an amateur athletic
  7  organization, involving exercises, sports, games, or
  8  recreation requiring any of the physical attributes of
  9  strength, agility, flexibility, range of motion, speed, and
10  stamina.
11         (3)  "Athletic injury" means an injury sustained which
12  affects the athlete's ability to participate or perform in
13  athletic activity.
14         (4)  "Athletic trainer" means a person licensed under
15  this part.
16         (5)  "Athletic training" means the recognition,
17  prevention, and treatment of athletic injuries.
18         (6)  "Board Council" means the Board Council of
19  Athletic Training.
20         (7)  "Department" means the Department of Health.
21         (8)  "Direct supervision" means the physical presence
22  of the supervisor on the premises so that the supervisor is
23  immediately available to the trainee when needed.
24         (9)  "Secretary" means the Secretary of Health.
25         (9)(10)  "Supervision" means the easy availability of
26  the supervisor to the athletic trainer, which includes the
27  ability to communicate by telecommunications.
28         Section 2.  Section 468.703, Florida Statutes, 1998
29  Supplement, is amended to read:
30         468.703  Board Council of Athletic Training.--
31
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    Florida House of Representatives - 1999                 HB 699
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  1         (1)  The Board Council of Athletic Training is created
  2  within the department and shall consist of nine seven members
  3  to be appointed by the Governor and confirmed by the Senate
  4  secretary.
  5         (2)  Five Four members of the board must council shall
  6  be licensed athletic trainers. One member of the board must
  7  council shall be a physician licensed under chapter 458 or
  8  chapter 459. One member of the board must council shall be a
  9  physician licensed under chapter 460. Two members One member
10  of the board shall be consumer members, each of whom must
11  council shall be a resident of this state who has never worked
12  as an athletic trainer, who has no financial interest in the
13  practice of athletic training, and who has never been a
14  licensed health care practitioner as defined in s. 455.501(4).
15  Members of the council shall serve staggered 4-year terms as
16  determined by rule of the department; however, no member may
17  serve more than two consecutive terms.
18         (3)  For the purpose of staggering terms, the Governor
19  shall appoint the initial members of the board as follows:
20         (a)  Three members for terms of 2 years each.
21         (b)  Three members for terms of 3 years each.
22         (c)  Three members for terms of 4 years each.
23         (4)  As the terms of the members expire, the Governor
24  shall appoint successors for terms of 4 years and such members
25  shall serve until their successors are appointed.
26         (5)  All provisions of part II of chapter 455 relating
27  to activities of the board shall apply.
28         (6)  The board shall maintain its official headquarters
29  in Tallahassee.
30         (3)  The council shall advise and assist the department
31  in:
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  1         (a)  Developing rules relating to licensure
  2  requirements, the licensure examination, continuing education
  3  requirements, fees, records and reports to be filed by
  4  licensees, and any other requirements necessary to regulate
  5  the practice of athletic training.
  6         (b)  Monitoring the practice of athletic training in
  7  other jurisdictions.
  8         (c)  Educating the public about the role of athletic
  9  trainers.
10         (d)  Collecting and reviewing data regarding the
11  licensed practice of athletic training.
12         (e)  Addressing concerns and problems of athletic
13  trainers in order to promote improved safety in the practice
14  of athletic training.
15         (4)  Members of the council shall be entitled to
16  compensation and reimbursement for expenses in the same manner
17  as board members are compensated and reimbursed under s.
18  455.534.
19         Section 3.  Section 468.705, Florida Statutes, 1998
20  Supplement, is amended to read:
21         468.705  Rulemaking authority.--The board department is
22  authorized to adopt rules pursuant to ss. 120.536(1) and
23  120.54 to implement provisions of this part conferring duties
24  upon it. Such rules shall include, but not be limited to, the
25  allowable scope of practice regarding the use of equipment,
26  procedures, and medication and requirements for a written
27  protocol between the athletic trainer and a supervising
28  physician.
29         Section 4.  Section 468.707, Florida Statutes, 1998
30  Supplement, is amended to read:
31         468.707  Licensure by examination; requirements.--
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  1         (1)  Any person desiring to be licensed as an athletic
  2  trainer shall apply to the department on a form approved by
  3  the department.
  4         (a)  The department shall license each applicant who:
  5         1.  Has completed the application form and remitted the
  6  required fees.
  7         2.  Is at least 21 years of age.
  8         3.  Has obtained a baccalaureate degree from a college
  9  or university accredited by an accrediting agency recognized
10  and approved by the United States Department of Education or
11  the Commission on Recognition of Postsecondary Accreditation,
12  or approved by the board department.
13         4.  Has completed coursework from a college or
14  university accredited by an accrediting agency recognized and
15  approved by the United States Department of Education or the
16  Commission on Recognition of Postsecondary Accreditation, or
17  approved by the board department, in each of the following
18  areas, as provided by rule: health, human anatomy,
19  kinesiology/biomechanics, human physiology, physiology of
20  exercise, basic athletic training, and advanced athletic
21  training.
22         5.  Has current certification in standard first aid and
23  cardiovascular pulmonary resuscitation from the American Red
24  Cross or an equivalent certification as determined by the
25  board department.
26         6.  Has, within 2 of the preceding 5 years, attained a
27  minimum of 800 hours of athletic training experience under the
28  direct supervision of a licensed athletic trainer or an
29  athletic trainer certified by the National Athletic Trainers'
30  Association or a comparable national athletic standards
31  organization.
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  1         7.  Has passed an examination administered or approved
  2  by the board department.
  3         (b)  The department shall also license each applicant
  4  who:
  5         1.  Has completed the application form and remitted the
  6  required fees no later than October 1, 1996.
  7         2.  Is at least 21 years of age.
  8         3.  Has current certification in standard first aid and
  9  cardiovascular pulmonary resuscitation from the American Red
10  Cross or an equivalent certification as determined by the
11  board department.
12         4.a.  Has practiced athletic training for at least 3 of
13  the 5 years preceding application; or
14         b.  Is currently certified by the National Athletic
15  Trainers' Association or a comparable national athletic
16  standards organization.
17         (2)  Pursuant to the requirements of s. 455.607
18  455.604, each applicant shall complete a continuing education
19  course on human immunodeficiency virus and acquired immune
20  deficiency syndrome as part of initial licensure.
21         Section 5.  Section 468.709, Florida Statutes, is
22  amended to read:
23         468.709  Fees.--
24         (1)  The board department shall, by rule, establish
25  fees for the following purposes:
26         (a)  An application fee, not to exceed $100.
27         (b)  An examination fee, not to exceed $200.
28         (c)  An initial licensure fee, not to exceed $200.
29         (d)  A biennial renewal fee, not to exceed $200.
30         (e)  An inactive fee, not to exceed $100.
31         (f)  A delinquent fee, not to exceed $100.
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  1         (g)  A reactivation fee, not to exceed $100.
  2         (h)  A voluntary inactive fee, not to exceed $100.
  3         (2)  The board department shall establish fees at a
  4  level, not to exceed the statutory fee cap, that is adequate
  5  to ensure the continued operation of the regulatory program
  6  under this part. The board department shall neither set nor
  7  maintain the fees at a level that will substantially exceed
  8  this need.
  9         Section 6.  Subsections (2) and (3) of section 468.711,
10  Florida Statutes, 1998 Supplement, are amended to read:
11         468.711  Renewal of license; continuing education.--
12         (2)  The board department may, by rule, prescribe
13  continuing education requirements, not to exceed 24 hours
14  biennially. The criteria for continuing education shall be
15  approved by the board department and shall include 4 hours in
16  standard first aid and cardiovascular pulmonary resuscitation
17  from the American Red Cross or equivalent training as
18  determined by board department.
19         (3)  Pursuant to the requirements of s. 455.607
20  455.604, each licensee shall complete a continuing education
21  course on human immunodeficiency virus and acquired immune
22  deficiency syndrome as part of biennial relicensure.
23         Section 7.  Subsection (2) of section 468.719, Florida
24  Statutes, 1998 Supplement, is amended to read:
25         468.719  Disciplinary actions.--
26         (2)  When the board department finds any person guilty
27  of any of the acts set forth in subsection (1), the board
28  department may enter an order imposing one or more of the
29  penalties provided in s. 455.624.
30         Section 8.  Section 468.721, Florida Statutes, is
31  amended to read:
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  1         468.721  Saving clause.--
  2         (1)  An athletic trainer registration which is valid on
  3  October 1, 1995, shall become for all purposes an athletic
  4  trainer license as required by this part, subject to any
  5  disciplinary or administrative action pending on October 1,
  6  1995, and shall be subject to all the same terms and
  7  conditions as athletic trainer licenses issued after October
  8  1, 1995. The department shall retain jurisdiction to impose
  9  discipline for any violation of this part which occurred prior
10  to October 1, 1995, but is discovered after October 1, 1995,
11  under the terms of this part prior to October 1, 1995.
12         (2)  No judicial or administrative proceeding pending
13  on July 1, 1995, shall be abated as a result of enactment of
14  any provision of this act.
15         (3)  Rules adopted by the department relating to the
16  regulation registration of athletic trainers under this part
17  prior to October 1, 1999, shall remain in effect until the
18  board department adopts rules relating to the regulation
19  licensure of athletic trainers under this part which supersede
20  such earlier rules.
21         Section 9.  Paragraph (g) of subsection (3) of section
22  20.43, Florida Statutes, 1998 Supplement, is amended to read:
23         20.43  Department of Health.--There is created a
24  Department of Health.
25         (3)  The following divisions of the Department of
26  Health are established:
27         (g)  Division of Medical Quality Assurance, which is
28  responsible for the following boards and professions
29  established within the division:
30         1.  Nursing assistants, as provided under s. 400.211.
31
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  1         2.  Health care services pools, as provided under s.
  2  402.48.
  3         3.  The Board of Acupuncture, created under chapter
  4  457.
  5         4.  The Board of Medicine, created under chapter 458.
  6         5.  The Board of Osteopathic Medicine, created under
  7  chapter 459.
  8         6.  The Board of Chiropractic Medicine, created under
  9  chapter 460.
10         7.  The Board of Podiatric Medicine, created under
11  chapter 461.
12         8.  Naturopathy, as provided under chapter 462.
13         9.  The Board of Optometry, created under chapter 463.
14         10.  The Board of Nursing, created under chapter 464.
15         11.  The Board of Pharmacy, created under chapter 465.
16         12.  The Board of Dentistry, created under chapter 466.
17         13.  Midwifery, as provided under chapter 467.
18         14.  The Board of Speech-Language Pathology and
19  Audiology, created under part I of chapter 468.
20         15.  The Board of Nursing Home Administrators, created
21  under part II of chapter 468.
22         16.  The Board of Occupational Therapy, created under
23  part III of chapter 468.
24         17.  Respiratory therapy, as provided under part V of
25  chapter 468.
26         18.  Dietetics and nutrition practice, as provided
27  under part X of chapter 468.
28         19.  The Board of Athletic Training trainers, created
29  as provided under part XIII of chapter 468.
30         20.  The Board of Orthotists and Prosthetists, created
31  under part XIV of chapter 468.
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  1         21.  Electrolysis, as provided under chapter 478.
  2         22.  The Board of Massage Therapy, created under
  3  chapter 480.
  4         23.  The Board of Clinical Laboratory Personnel,
  5  created under part III of chapter 483.
  6         24.  Medical physicists, as provided under part IV of
  7  chapter 483.
  8         25.  The Board of Opticianry, created under part I of
  9  chapter 484.
10         26.  The Board of Hearing Aid Specialists, created
11  under part II of chapter 484.
12         27.  The Board of Physical Therapy Practice, created
13  under chapter 486.
14         28.  The Board of Psychology, created under chapter
15  490.
16         29.  School psychologists, as provided under chapter
17  490.
18         30.  The Board of Clinical Social Work, Marriage and
19  Family Therapy, and Mental Health Counseling, created under
20  chapter 491.
21
22  The department may contract with the Agency for Health Care
23  Administration who shall provide consumer complaint,
24  investigative, and prosecutorial services required by the
25  Division of Medical Quality Assurance, councils, or boards, as
26  appropriate.
27         Section 10.  Paragraph (b) of subsection (3) of section
28  232.435, Florida Statutes, is amended to read:
29         232.435  Extracurricular athletic activities; athletic
30  trainers.--
31         (3)
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  1         (b)  If a school district uses the services of an
  2  athletic trainer who is not a teacher athletic trainer or a
  3  teacher apprentice trainer within the requirements of this
  4  section, such athletic trainer must be licensed as required by
  5  part XIII XIV of chapter 468.
  6         Section 11.  Subsection (1) of section 455.607, Florida
  7  Statutes, is amended to read:
  8         455.607  Athletic trainers and massage therapists;
  9  requirement for instruction on human immunodeficiency virus
10  and acquired immune deficiency syndrome.--
11         (1)  The board, or the department where there is no
12  board, shall require each person licensed or certified under
13  part XIII XIV of chapter 468 or chapter 480 to complete a
14  continuing educational course approved by the board, or the
15  department where there is no board, on human immunodeficiency
16  virus and acquired immune deficiency syndrome as part of
17  biennial relicensure or recertification.  The course shall
18  consist of education on modes of transmission, infection
19  control procedures, clinical management, and prevention of
20  human immunodeficiency virus and acquired immune deficiency
21  syndrome, with an emphasis on appropriate behavior and
22  attitude change.
23         Section 12.  Paragraph (f) of subsection (2) of section
24  455.667, Florida Statutes, 1998 Supplement, is amended to
25  read:
26         455.667  Ownership and control of patient records;
27  report or copies of records to be furnished.--
28         (2)  As used in this section, the terms "records
29  owner," "health care practitioner," and "health care
30  practitioner's employer" do not include any of the following
31  persons or entities; furthermore, the following persons or
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  1  entities are not authorized to acquire or own medical records,
  2  but are authorized under the confidentiality and disclosure
  3  requirements of this section to maintain those documents
  4  required by the part or chapter under which they are licensed
  5  or regulated:
  6         (f)  Athletic trainers licensed under part XIII XIV of
  7  chapter 468.
  8         Section 13.  The Council of Athletic Training and the
  9  terms of all council members are terminated on October 1,
10  1999. However, such termination in no way precludes the
11  Governor from considering any former council member for
12  appointment to the Board of Athletic Training created by this
13  act.
14         Section 14.  This act shall take effect October 1,
15  1999.
16
17            *****************************************
18                          HOUSE SUMMARY
19
      Revises pt. XIII, ch. 468, F.S., relating to athletic
20    trainers, to replace the Council of Athletic Training
      with a Board of Athletic Training. Provides for
21    appointment of board members and their successors, for
      staggering of terms, for applicability of other
22    provisions of law relating to activities of regulatory
      boards, and for the board's headquarters. Revises and
23    removes definitions, to conform. Revises provisions
      relating to rulemaking authority, licensure by
24    examination, fees, continuing education, disciplinary
      actions, and the transition from registration to
25    licensure, to transfer to the board certain duties of the
      Department of Health relating thereto. Provides for
26    termination of the council and the terms of council
      members. Authorizes consideration of former council
27    members for appointment to the board. See bill for
      details.
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29
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