Senate Medical Affairs Committee Amendment
S 397 - Session 125 (2023-2024)
Athletic Trainers Act

The Committee on Medical Affairs proposes the following amendment (SR-397.JG0001S):

Amend the bill, as and if amended, SECTION 2, by striking Section 40-47-1710(1) and inserting:

(1) "Athletic trainer (AT)" means an allied health professional with specific qualifications set forth in Section 40-47-1740(A) who provides services under the direction of or in collaboration with a licensed physician in accordance with their education, training, and state law. Services provided by athletic trainers may include the prevention, identification, assessment, treatment, or rehabilitation of injuries and illnesses under the direction of a licensed physician as defined in Section 40-47-20; and, in carrying out these functions, the athletic trainer is authorized to use therapeutic interventions including, but not limited to, heat, light, sound, cold, electricity, or mechanical devices related to said functions.

Amend the bill further, SECTION 2, by striking Section 40-47-1720(B)(1) and (2) and inserting:

(B)(1) An Athletic Trainers' Advisory Committee is created consisting of nine members appointed by the board. Two members must be physicians who are licensed to practice in South Carolina , five must be licensed athletic trainers, and two must be members of the general public who are not certified or licensed in any health care field and are not connected in any way with athletic trainers. Of the two physician members, at least one must regularly supervise an athletic trainer.

(2) Membership on the committee is by appointment by the board. The members appointed shall serve four-year terms and until their successors are appointed and qualify, except that the initial terms of two ATs, one consumer member, and one physician are for two years. Vacancies on the committee must be filled in the same manner of the original appointment for the unexpired portion of the term. Members may succeed themselves; however, no member may serve more than two consecutive terms or eight continuous years, whichever is greater, but he is eligible for reappointment four years from the date that the last full four-year term expires.

Amend the bill further, SECTION 2, by striking Section 40-47-1740(B) and inserting:

(B) An applicant for the renewal of a license must have completed the biennial continuing education requirements as determined by the BOC , be in good standing with the BOC, and complete two continuing education courses approved by the board in consultation with the Athletic Trainers' Advisory Committee.

Amend the bill further, SECTION 2, by striking Section 40-47-1770 and inserting:

Section 40-47-1770.(A)Nothing in this article prevents:

(1) licensed, registered, or certified professionals such as physicians, nurses, physical therapists, and chiropractors from practicing their professions if they do not hold themselves out to the public by any title or description as being athletic trainers;

(2) the continued employment of persons employed on the effective date of Act 441 of 1984 by the State Department of Education, local boards of education, or private secondary or elementary schools for the treatment of injuries received by students participating in school sports activities; or

(3) any person from serving as an athletic training student or in any similar position if service is carried out under the supervision of a physician or certified athletic trainer.

(B) The provisions of this article shall not apply to any athletic trainer who is employed in another state by an educational institution or athletic organization when the athletic trainer accompanies the athletes or team of such institute or organization in the state for the purpose of an athletic contest or exhibition.

Amend the bill further, SECTION 2, by striking Section 40-47-1800 and inserting:

Section 40-47-1800.(A) It is unlawful for a person who is not licensed under this article to hold himself out as an athletic trainer. A person who holds himself out as an AT without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both.

(B) For the purpose of any investigation or proceeding under the provisions of this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board considers relevant to the inquiry.

(C) If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5, Chapter 23, Title 1 for an injunction enjoining the person from such conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

(D) Investigations and disciplinary proceedings under this article must be conducted in accordance with the provisions of Article 1.

(E) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.

Amend the bill further, by striking SECTION 3 and inserting:

SECTION 3.The programmatic cash balance, powers, functions, duties, responsibilities, and authority statutorily exercised by the Department of Health and Environmental Control concerning the regulation of athletic trainers are transferred to and devolved upon the Board of Medical Examiners for South Carolina. Any regulations promulgated by the Department of Health and Environmental Control under former provisions of law pertaining to the regulation of athletic trainers are continued and are considered to be promulgated under the authority of present provisions of law pertaining to the same.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The Department of Labor, Licensing and Regulation shall assume the licensure of athletic trainers upon the effective date of new regulations promulgated by the Department of Labor, Licensing and Regulation related to this article. The regulations shall include a fee schedule and a provision to create a uniform renewal date for all athletic trainers' licenses.