SSB 3141 (LSB 5573XC (2) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH)

A BILL FOR

An Act relating to the boards of athletic training and physical and occupational therapy, providing penalties, and including transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.13, subsections 6 and 20, Code 2020, are amended to read as follows:
   6.  For physical therapy and occupational therapy, the board of athletic training and physical and occupational therapy.
   20.  For athletic training, the board of athletic training and physical and occupational therapy.
    Sec. 2.  Section 147.14, subsection 1, paragraph j, Code 2020, is amended to read as follows:
   j.  For athletic training, physical therapy, and occupational therapy, three members two members licensed to practice athletic training, one member licensed to practice physical therapy, two members licensed to practice occupational therapy, one member licensed to practice medicine and surgery, and two members one member who are is not licensed to practice athletic training, physical therapy, or occupational therapy and who shall represent the general public.
    Sec. 3.  Section 147.14, subsection 1, paragraph r, Code 2020, is amended by striking the paragraph.
    Sec. 4.  Section 147.74, subsection 21, Code 2020, is amended to read as follows:
   21.  An athletic trainer licensed under chapter 152D 148B and this chapter may use the words “licensed athletic trainer” or the letters “LAT” after the person’s name.
    Sec. 5.  Section 148B.1, Code 2020, is amended to read as follows:
   148B.1  Title and purpose.
   This chapter may be cited and referred to as the “Occupational “Athletic Training and Occupational Therapy Practice Act”.
   The purpose of this chapter is to provide for the regulation of persons offering athletic training or occupational therapy services to the public in order to safeguard the public health, safety and welfare.
    Sec. 6.  Section 148B.2, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Athlete” means a person who participates in a sanctioned amateur or professional sport or other recreational sports activity.
   NEW SUBSECTION.  001.  “Athletic injury” means any of the following:
   a.  An injury or illness sustained by an athlete as a result of the athlete’s participation in sports, games, or recreational sports activities.
   b.  An injury or illness that impedes or prevents an athlete from participating in sports, games, or recreational sports activities.
   NEW SUBSECTION.  0001.  “Athletic trainer” means a person licensed under this chapter to practice athletic training under the direction of a licensed physician.
   NEW SUBSECTION.  00001.  “Athletic training” means the practice of prevention, recognition, assessment, physical evaluation, management, treatment, disposition, and physical reconditioning of athletic injuries that are within the professional preparation and education of a licensed athletic trainer and under the direction of a licensed physician. The term “athletic training” includes the organization and administration of educational programs and athletic facilities, and the education and counseling of the public on matters relating to athletic training.
    Sec. 7.  Section 148B.2, subsection 1, Code 2020, is amended to read as follows:
   1.  “Board” means the board of athletic training and physical and occupational therapy created under chapter 147.
    Sec. 8.  Section 148B.3, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  6.  Elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers.
   NEW SUBSECTION.  7.  Students of athletic training who practice athletic training under the supervision of a licensed athletic trainer in connection with the regular course of instruction at a school providing athletic training instruction.
   NEW SUBSECTION.  8.  An athletic trainer who is in this state temporarily with an individual or group that is participating in an athletic event and who is licensed, certified, or registered by another state or country, or certified as an athletic trainer by the board of certification of the national athletic trainers association or its successor organization.
    Sec. 9.  Section 148B.3A, Code 2020, is amended to read as follows:
   148B.3A  Referral Orders and referrals.
   1.  Occupational therapy may be provided by an occupational therapist without referral from a physician, podiatric physician, dentist, or chiropractor, except that a hospital may require that occupational therapy provided in the hospital be performed only following prior review by and authorization of the performance of the occupational therapy by a member of the hospital medical staff.
   2.  The practice of physical reconditioning by an athletic trainer shall be carried out under the oral or written orders of a physician or physician assistant. A physician or physician assistant who issues an oral order shall provide the order in writing and provide a copy of the order to the athletic trainer within thirty days of the oral order.
    Sec. 10.  NEW SECTION.  148B.5A  Requirements for licensure —— athletic training.
   1.  An applicant for a license to practice athletic training shall:
   a.  Be a graduate of an accredited college or university and comply with the minimum athletic training curriculum requirements established by the board.
   b.  Have successfully completed an examination prepared or selected by the board.
   2.  Application and renewal procedures, fees, and reciprocal agreements shall be provided in accordance with rules adopted by the board pursuant to chapter 17A.
    Sec. 11.  Section 148B.7, Code 2020, is amended to read as follows:
   148B.7  Board of athletic training and physical and occupational therapy —— powers and duties.
   The board shall adopt rules relating to professional conduct to carry out the policy of this chapter, including but not limited to rules relating to professional licensing and to the establishment of ethical standards of practice for persons holding a license to practice athletic training and occupational therapy in this state.
    Sec. 12.  Section 148B.8, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  It is unlawful for a person to engage in the practice of athletic training, provide athletic training services, hold oneself out as an athletic trainer, or as being able to practice athletic training in this state unless the person is licensed under this chapter.
    Sec. 13.  Section 148B.9, Code 2020, is amended to read as follows:
   148B.9  False use of titles prohibited.
   A person or business entity, including the employees, agents, or representatives of the business entity, shall not use in connection with that person or business entity’s business activity, the words “athletic training”, “athletic trainer”, “licensed athletic trainer”, “registered athletic trainer”, “occupational therapy”, “occupational therapist”, “licensed occupational therapist”, “doctor of occupational therapy”, “occupational therapy assistant”, “licensed occupational therapy assistant”, or the letters “AT”, “AT,C”, “LAT”, “ATC/L”, “ATC-L”, “O.T.”, “O.T./L.”, “O.T.D.”, “O.T.A.”, “O.T.A./L.”, or any words, abbreviations, or insignia indicating or implying that athletic training or occupational therapy is provided or supplied unless such services are provided by or under the direction and supervision of an athletic trainer occupational therapist, as applicable, licensed pursuant to this chapter.
    Sec. 14.  NEW SECTION.  148B.10  License suspension and revocation.
   A license issued by the board under the provisions of this chapter may be suspended or revoked, or renewal denied by the board, for violation of any provision of this chapter or section 147.55, section 272C.10, or rules adopted by the board.
    Sec. 15.  NEW SECTION.  148B.11  Penalty.
   A person who violates a provision of this chapter is guilty of a serious misdemeanor.
    Sec. 16.  Section 272.2, subsection 10, Code 2020, is amended to read as follows:
   10.  Issue statements of professional recognition to school service personnel who have attained a minimum of a baccalaureate degree and who are licensed by another professional licensing board, including but not limited to athletic trainers licensed under chapter 152D 148B.
    Sec. 17.  Section 272C.1, subsection 6, paragraph aa, Code 2020, is amended to read as follows:
   aa.  The board of athletic training and physical and occupational therapy in licensing athletic trainers pursuant to chapter 152D 148B.
    Sec. 18.  REPEAL.  Chapter 152D, Code 2020, is repealed.
    Sec. 19.  EMERGENCY RULES.  The board of physical and occupational therapy, board of athletic training, and board of athletic training and physical and occupational therapy may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 20.  TRANSITION PROVISIONS.
   1.  a.  The merger of the boards of athletic training and physical and occupational therapy in this Act shall not affect the appointment or any term of office of a member of either board prior to the effective date of this Act. A member of the board of athletic training or the board of physical and occupational therapy shall continue to serve until the member’s term expires or the member ceases to hold office, whichever first occurs.
   b.  The initial membership of the board of athletic training and physical and occupational therapy shall consist of all members of the boards of athletic training and physical and occupational therapy serving on the effective date of this Act.
   2.  A rule adopted by the board of athletic training or board of physical and occupational therapy that is in force and effect immediately prior to the effective date of this Act shall continue in full force and effect until the earlier of the following:
   a.  The rule is amended, rescinded, or supplemented by the affirmative action of the board of athletic training and physical and occupational therapy.
   b.  The rule expires by its own terms.
   3.  Any license or permit issued by the board of athletic training or board of physical and occupational therapy in effect on the effective date of this Act shall continue in full force and effect until expiration or renewal.
   4.  Any funds in any account or fund of the board of athletic training or board of physical and occupational therapy shall be transferred to the control of the board of athletic training and physical and occupational therapy.
   5.  Any cause of action, statute of limitation, or administrative action relating to or initiated by the board of athletic training or board of physical and occupational therapy shall not be affected as a result of this Act and shall apply to the board of athletic training and physical and occupational therapy.
   6.  All client and organizational files in the possession of the board of athletic training or board of physical and occupational therapy shall become the property of the board of athletic training and physical and occupational therapy.
   7.  Any personnel in the state merit system of employment who are mandatorily transferred due to the effect of this Act shall be so transferred without any loss in salary, benefits, or accrued years of service.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the boards of athletic training and physical and occupational therapy. The bill merges the boards into the board of athletic training and physical and occupational therapy under Code chapter 148B, consisting of two members who are licensed athletic trainers, two members who are licensed occupational therapists, one member who is a licensed physical therapist, one member who is licensed to practice medicine and surgery, and one member who is not licensed to practice athletic training, physical therapy, or occupational therapy who represents the general public.
   The bill repeals Code chapter 152D, regulating athletic training, but preserves current Code provisions regulating athletic training, by transferring them to Code chapter 148B. The bill allows the board of athletic training and physical and occupational therapy to suspend or revoke a license or deny renewal of a license, if a person violates a provision of the Code chapter, a rule of the board, or for certain other enumerated reasons. The bill also makes a violation of Code chapter 148B a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   The bill includes transition provisions. The bill allows the board of athletic training, the board of physical and occupational therapy, and the board of athletic training and physical and occupational therapy to adopt emergency rules to implement the provisions of the bill. The membership of the initial board of athletic training and physical and occupational therapy shall consist of all of the members currently serving on the board of athletic training and the board of physical and occupational therapy, who shall serve until their terms are set to expire. The bill also provides other transition provisions including but not limited to the transfer of property in the position of the board of athletic training or the board of physical and occupational therapy to the possession of the board of athletic training and physical and occupational therapy.