Bill 278

                    Current Status

Bill Number:               278
Ratification Number:       518
Act Number:                441
Introducing Body:          Senate
Subject:                   Athletic Trainers' Act

(A441, R518, S278)

AN ACT TO REGULATE THE SOUTH CAROLINA ATHLETIC TRAINERS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Act may be cited

SECTION 1. This act may be cited as "The Athletic Trainers' Act of South Carolina".

Definitions

SECTION 2. As used in this act:

(a) "Athletic trainer" means a person with specific qualifications as set forth in Section 5 who, upon the advice and consent of his team physician, carries out the practice of prevention and physical rehabilitation of injuries incurred by athletes on the team by which the athletic trainer is employed and who, in carrying out these functions, may use physical modalities such as heat, light, sound, cold, electricity, or mechanical devices related to rehabilitation and treatment.

(b) "Certificate" means official acknowledgment by the department that an individual has successfully completed educational and other requirements referred to in this act which entitles that individual to perform the functions and duties of an athletic trainer.

(c) "Department" means the Department of Health and Environmental Control.

(d) "Board" means the Board of Health and Environmental Control.

Department must develop standards and prescribe regulations

SECTION 3. (a) The department, with the advice of the Athletic Trainers' Advisory Committee, must develop standards and prescribe regulations for the improvement of athletic training services in the State. All administrative responsibility for this program is vested in the department.

(b) An Athletic Trainers' Advisory Committee is created consisting of eight members appointed by the board. Two members must be from the department, one must be from the State Board of Medical Examiners, three must be certified athletic trainers, and two must be from the general public who are not certified or licensed in any health care field and are not connected in any way with athletic trainers.

Membership on the committee is by appointment by the board. The terms of the members are for four years or until successors are appointed except that of those first appointed four are appointed to a term of two years.

The committee must meet at least once each year to review the standards and regulations for improving athletic training services and make recommendations to the department.

Certification

SECTION 4. (a) No person may hold himself out as an athletic trainer or perform, for compensation, any activities of an athletic trainer as defined in this act without first obtaining certification.

(b) Any person desiring certification as an athletic trainer must apply to the department. The department must make a determination of the applicant's qualifications and issue the appropriate certificate to the applicant.

(c) A certificate so issued is valid for a period not to exceed two years from the date of issuance and may be renewed subject to any requirements of this act.

(d) The department must suspend or revoke a certificate so issued at any time it is determined that the holder no longer meets the prescribed qualifications set forth by the department or has failed to provide athletic training services of a quality acceptable by the department.

(e) Any person whose application is denied, suspended, or revoked is entitled to a hearing before the board if he submits a written request to the board. Proceedings for denial, revocation, or suspension of a certificate must be conducted consistent with Act 176 of 1977 (Administrative Procedures Act).

Requirements for certification

SECTION 5. An applicant for an athletic trainer certification must:

(a) Have met the athletic training curriculum requirements of a college or university and give proof by a means of a certified transcript; or

(b) Have a B.S. degree in physical or corrective therapy with a minor in physical education or health which includes a basic athletic training course and have spent at least two academic years working under the supervision of a certified athletic trainer; or

(c) Have completed four years working under the supervision of a certified athletic trainer and pass an examination prescribed by the department.

Issuance of certificate

SECTION 6. A certificate may be issued to any qualified athletic trainer holding certification in any other state if such other state recognizes the certificate of this State in the same manner.

Fees

SECTION 7. The department may levy fees in an amount sufficient to administer the requirements of this act.

Nothing in act to prevent certain services

SECTION 8. Nothing in this act prevents:

(a) 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.

(b) A person from rendering services that are the same as or similar to those within the scope of practice provided for in this act so long as he is otherwise now employed or employed in the future as a faculty or staff member at the school in question and does not represent himself to be an athletic trainer.

(c) The continued employment of persons employed on the effective date of this act 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.

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

Grandfather clause

SECTION 9. Any person actively engaged as an athletic trainer on the effective date of this act must be issued a certificate if he submits proof of two years' experience as an athletic trainer within the preceding five year period, is approved by the department, and pays any required fee.

Definition

SECTION 10. For purposes of this act, a person is actively engaged as an athletic trainer if he is employed on a salary basis by an educational institution, professional athletic organization, or other bona fide athletic organization for the duration of the institution's school year or the length of the athletic organization's season and performs the duties of athletic trainer as a major responsibility of this employment.

School districts not required to hire certified athletic trainers

SECTION 11. Nothing in this act may be construed to require school districts to hire certified athletic trainers.

Penalty

SECTION 12. Any person violating the provisions of this act is guilty of a misdemeanor and upon conviction must be punished by a fine of not less than twenty-five nor more than two hundred dollars.

Time effective

SECTION 13. This act shall take effect upon approval by the Governor.