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