Senate Study Bill 3141 - Introduced 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 1 and occupational therapy, providing penalties, and including 2 transition provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5573XC (2) 88 ss/rh
S.F. _____ Section 1. Section 147.13, subsections 6 and 20, Code 2020, 1 are amended to read as follows: 2 6. For physical therapy and occupational therapy, the board 3 of athletic training and physical and occupational therapy. 4 20. For athletic training, the board of athletic training 5 and physical and occupational therapy . 6 Sec. 2. Section 147.14, subsection 1, paragraph j, Code 7 2020, is amended to read as follows: 8 j. For athletic training, physical therapy , and occupational 9 therapy, three members two members licensed to practice 10 athletic training, one member licensed to practice physical 11 therapy, two members licensed to practice occupational therapy, 12 one member licensed to practice medicine and surgery, and two 13 members one member who are is not licensed to practice athletic 14 training, physical therapy , or occupational therapy and who 15 shall represent the general public. 16 Sec. 3. Section 147.14, subsection 1, paragraph r, Code 17 2020, is amended by striking the paragraph. 18 Sec. 4. Section 147.74, subsection 21, Code 2020, is amended 19 to read as follows: 20 21. An athletic trainer licensed under chapter 152D 148B and 21 this chapter may use the words “licensed athletic trainer” or 22 the letters “LAT” after the person’s name. 23 Sec. 5. Section 148B.1, Code 2020, is amended to read as 24 follows: 25 148B.1 Title and purpose. 26 This chapter may be cited and referred to as the 27 “Occupational “Athletic Training and Occupational Therapy 28 Practice Act” . 29 The purpose of this chapter is to provide for the regulation 30 of persons offering athletic training or occupational therapy 31 services to the public in order to safeguard the public health, 32 safety and welfare. 33 Sec. 6. Section 148B.2, Code 2020, is amended by adding the 34 following new subsections: 35 -1- LSB 5573XC (2) 88 ss/rh 1/ 8
S.F. _____ NEW SUBSECTION . 01. “Athlete” means a person who 1 participates in a sanctioned amateur or professional sport or 2 other recreational sports activity. 3 NEW SUBSECTION . 001. “Athletic injury” means any of the 4 following: 5 a. An injury or illness sustained by an athlete as a 6 result of the athlete’s participation in sports, games, or 7 recreational sports activities. 8 b. An injury or illness that impedes or prevents an athlete 9 from participating in sports, games, or recreational sports 10 activities. 11 NEW SUBSECTION . 0001. “Athletic trainer” means a person 12 licensed under this chapter to practice athletic training under 13 the direction of a licensed physician. 14 NEW SUBSECTION . 00001. “Athletic training” means the 15 practice of prevention, recognition, assessment, physical 16 evaluation, management, treatment, disposition, and physical 17 reconditioning of athletic injuries that are within the 18 professional preparation and education of a licensed athletic 19 trainer and under the direction of a licensed physician. 20 The term “athletic training” includes the organization and 21 administration of educational programs and athletic facilities, 22 and the education and counseling of the public on matters 23 relating to athletic training. 24 Sec. 7. Section 148B.2, subsection 1, Code 2020, is amended 25 to read as follows: 26 1. “Board” means the board of athletic training and physical 27 and occupational therapy created under chapter 147 . 28 Sec. 8. Section 148B.3, Code 2020, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 6. Elementary or secondary school 31 teachers, coaches, or authorized volunteers who do not hold 32 themselves out to the public as athletic trainers. 33 NEW SUBSECTION . 7. Students of athletic training who 34 practice athletic training under the supervision of a 35 -2- LSB 5573XC (2) 88 ss/rh 2/ 8
S.F. _____ licensed athletic trainer in connection with the regular 1 course of instruction at a school providing athletic training 2 instruction. 3 NEW SUBSECTION . 8. An athletic trainer who is in this state 4 temporarily with an individual or group that is participating 5 in an athletic event and who is licensed, certified, or 6 registered by another state or country, or certified as an 7 athletic trainer by the board of certification of the national 8 athletic trainers association or its successor organization. 9 Sec. 9. Section 148B.3A, Code 2020, is amended to read as 10 follows: 11 148B.3A Referral Orders and referrals . 12 1. Occupational therapy may be provided by an occupational 13 therapist without referral from a physician, podiatric 14 physician, dentist, or chiropractor, except that a hospital may 15 require that occupational therapy provided in the hospital be 16 performed only following prior review by and authorization of 17 the performance of the occupational therapy by a member of the 18 hospital medical staff. 19 2. The practice of physical reconditioning by an athletic 20 trainer shall be carried out under the oral or written 21 orders of a physician or physician assistant. A physician or 22 physician assistant who issues an oral order shall provide 23 the order in writing and provide a copy of the order to the 24 athletic trainer within thirty days of the oral order. 25 Sec. 10. NEW SECTION . 148B.5A Requirements for licensure —— 26 athletic training. 27 1. An applicant for a license to practice athletic training 28 shall: 29 a. Be a graduate of an accredited college or university 30 and comply with the minimum athletic training curriculum 31 requirements established by the board. 32 b. Have successfully completed an examination prepared or 33 selected by the board. 34 2. Application and renewal procedures, fees, and reciprocal 35 -3- LSB 5573XC (2) 88 ss/rh 3/ 8
S.F. _____ agreements shall be provided in accordance with rules adopted 1 by the board pursuant to chapter 17A. 2 Sec. 11. Section 148B.7, Code 2020, is amended to read as 3 follows: 4 148B.7 Board of athletic training and physical and 5 occupational therapy —— powers and duties. 6 The board shall adopt rules relating to professional 7 conduct to carry out the policy of this chapter , including 8 but not limited to rules relating to professional licensing 9 and to the establishment of ethical standards of practice for 10 persons holding a license to practice athletic training and 11 occupational therapy in this state. 12 Sec. 12. Section 148B.8, Code 2020, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 4. It is unlawful for a person to engage in 15 the practice of athletic training, provide athletic training 16 services, hold oneself out as an athletic trainer, or as being 17 able to practice athletic training in this state unless the 18 person is licensed under this chapter. 19 Sec. 13. Section 148B.9, Code 2020, is amended to read as 20 follows: 21 148B.9 False use of titles prohibited. 22 A person or business entity, including the employees, 23 agents, or representatives of the business entity, shall 24 not use in connection with that person or business entity’s 25 business activity, the words “athletic training”, “athletic 26 trainer”, “licensed athletic trainer”, “registered athletic 27 trainer”, “occupational therapy”, “occupational therapist”, 28 “licensed occupational therapist”, “doctor of occupational 29 therapy”, “occupational therapy assistant”, “licensed 30 occupational therapy assistant”, or the letters “AT”, 31 “AT,C”, “LAT”, “ATC/L”, “ATC-L”, “O.T.”, “O.T./L.”, “O.T.D.”, 32 “O.T.A.”, “O.T.A./L.”, or any words, abbreviations, or insignia 33 indicating or implying that athletic training or occupational 34 therapy is provided or supplied unless such services are 35 -4- LSB 5573XC (2) 88 ss/rh 4/ 8
S.F. _____ provided by or under the direction and supervision of an 1 athletic trainer occupational therapist , as applicable, 2 licensed pursuant to this chapter . 3 Sec. 14. NEW SECTION . 148B.10 License suspension and 4 revocation. 5 A license issued by the board under the provisions of this 6 chapter may be suspended or revoked, or renewal denied by 7 the board, for violation of any provision of this chapter or 8 section 147.55, section 272C.10, or rules adopted by the board. 9 Sec. 15. NEW SECTION . 148B.11 Penalty. 10 A person who violates a provision of this chapter is guilty 11 of a serious misdemeanor. 12 Sec. 16. Section 272.2, subsection 10, Code 2020, is amended 13 to read as follows: 14 10. Issue statements of professional recognition to 15 school service personnel who have attained a minimum of 16 a baccalaureate degree and who are licensed by another 17 professional licensing board, including but not limited to 18 athletic trainers licensed under chapter 152D 148B . 19 Sec. 17. Section 272C.1, subsection 6, paragraph aa, Code 20 2020, is amended to read as follows: 21 aa. The board of athletic training and physical and 22 occupational therapy in licensing athletic trainers pursuant to 23 chapter 152D 148B . 24 Sec. 18. REPEAL. Chapter 152D, Code 2020, is repealed. 25 Sec. 19. EMERGENCY RULES. The board of physical and 26 occupational therapy, board of athletic training, and board 27 of athletic training and physical and occupational therapy 28 may adopt emergency rules under section 17A.4, subsection 3, 29 and section 17A.5, subsection 2, paragraph “b”, to implement 30 the provisions of this Act and the rules shall be effective 31 immediately upon filing unless a later date is specified in the 32 rules. Any rules adopted in accordance with this section shall 33 also be published as a notice of intended action as provided 34 in section 17A.4. 35 -5- LSB 5573XC (2) 88 ss/rh 5/ 8
S.F. _____ Sec. 20. TRANSITION PROVISIONS. 1 1. a. The merger of the boards of athletic training and 2 physical and occupational therapy in this Act shall not affect 3 the appointment or any term of office of a member of either 4 board prior to the effective date of this Act. A member of 5 the board of athletic training or the board of physical and 6 occupational therapy shall continue to serve until the member’s 7 term expires or the member ceases to hold office, whichever 8 first occurs. 9 b. The initial membership of the board of athletic training 10 and physical and occupational therapy shall consist of all 11 members of the boards of athletic training and physical and 12 occupational therapy serving on the effective date of this Act. 13 2. A rule adopted by the board of athletic training or 14 board of physical and occupational therapy that is in force 15 and effect immediately prior to the effective date of this Act 16 shall continue in full force and effect until the earlier of 17 the following: 18 a. The rule is amended, rescinded, or supplemented by 19 the affirmative action of the board of athletic training and 20 physical and occupational therapy. 21 b. The rule expires by its own terms. 22 3. Any license or permit issued by the board of athletic 23 training or board of physical and occupational therapy in 24 effect on the effective date of this Act shall continue in full 25 force and effect until expiration or renewal. 26 4. Any funds in any account or fund of the board of athletic 27 training or board of physical and occupational therapy shall be 28 transferred to the control of the board of athletic training 29 and physical and occupational therapy. 30 5. Any cause of action, statute of limitation, or 31 administrative action relating to or initiated by the board of 32 athletic training or board of physical and occupational therapy 33 shall not be affected as a result of this Act and shall apply to 34 the board of athletic training and physical and occupational 35 -6- LSB 5573XC (2) 88 ss/rh 6/ 8
S.F. _____ therapy. 1 6. All client and organizational files in the possession 2 of the board of athletic training or board of physical and 3 occupational therapy shall become the property of the board of 4 athletic training and physical and occupational therapy. 5 7. Any personnel in the state merit system of employment 6 who are mandatorily transferred due to the effect of this Act 7 shall be so transferred without any loss in salary, benefits, 8 or accrued years of service. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the boards of athletic training and 13 physical and occupational therapy. The bill merges the 14 boards into the board of athletic training and physical and 15 occupational therapy under Code chapter 148B, consisting of two 16 members who are licensed athletic trainers, two members who are 17 licensed occupational therapists, one member who is a licensed 18 physical therapist, one member who is licensed to practice 19 medicine and surgery, and one member who is not licensed to 20 practice athletic training, physical therapy, or occupational 21 therapy who represents the general public. 22 The bill repeals Code chapter 152D, regulating athletic 23 training, but preserves current Code provisions regulating 24 athletic training, by transferring them to Code chapter 148B. 25 The bill allows the board of athletic training and physical 26 and occupational therapy to suspend or revoke a license or 27 deny renewal of a license, if a person violates a provision of 28 the Code chapter, a rule of the board, or for certain other 29 enumerated reasons. The bill also makes a violation of Code 30 chapter 148B a serious misdemeanor. A serious misdemeanor is 31 punishable by confinement for no more than one year and a fine 32 of at least $315 but not more than $1,875. 33 The bill includes transition provisions. The bill allows 34 the board of athletic training, the board of physical and 35 -7- LSB 5573XC (2) 88 ss/rh 7/ 8
S.F. _____ occupational therapy, and the board of athletic training and 1 physical and occupational therapy to adopt emergency rules 2 to implement the provisions of the bill. The membership 3 of the initial board of athletic training and physical and 4 occupational therapy shall consist of all of the members 5 currently serving on the board of athletic training and the 6 board of physical and occupational therapy, who shall serve 7 until their terms are set to expire. The bill also provides 8 other transition provisions including but not limited to the 9 transfer of property in the position of the board of athletic 10 training or the board of physical and occupational therapy to 11 the possession of the board of athletic training and physical 12 and occupational therapy. 13 -8- LSB 5573XC (2) 88 ss/rh 8/ 8