Chapter 736 Oregon Laws 1999

Session Law

AN ACT

HB 2704

Relating to athletic trainers; creating new provisions; repealing ORS 688.700; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 1 to 13 of this 1999 Act:

(1) "Athlete" means any individual participating in fitness training and conditioning, sports or other competitions, practices or activities requiring physical strength, agility, flexibility, range of motion, speed or stamina, generally conducted in association with an educational institution, or professional or amateur sports activity.

(2) "Athletic injury" means an injury occurring as the result of participating as an athlete.

(3) "Board" means the Board of Athletic Trainers.

(4) "Practice athletic training" means the application by a registered athletic trainer of principles and methods of:

(a) Prevention of athletic injuries;

(b) Recognition, evaluation and immediate care of athletic injuries;

(c) Rehabilitation and reconditioning of athletic injuries;

(d) Health care administration; and

(e) Education and counseling.

(5) "Registered athletic trainer" means a person who is registered in accordance with section 8 of this 1999 Act.

SECTION 2. (1) There is created in the Health Division of the Department of Human Resources the Board of Athletic Trainers, consisting of five members appointed by the Assistant Director for Health. In making appointments to the board, the assistant director must take into consideration any nominations received from professional organizations of athletic trainers that are based in Oregon.

(2) Of the membership of the Board of Athletic Trainers:

(a) All members must be citizens of this state.

(b) Three members must be athletic trainers who have practiced continuously in this state for the three years prior to the date of appointment.

(c) One member must be a member of the general public who is not an athletic trainer.

(d) One member must be a physician licensed under ORS chapter 677.

(3) The term of office for each member of the board is four years. A member is eligible for reappointment, but no member may serve more than two consecutive terms. If there is a vacancy for any cause, the assistant director shall make an appointment to become immediately effective for the unexpired term.

(4) A member of the board may be removed by the assistant director for neglect of duty, incompetence or unethical conduct.

(5) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

SECTION 3. (1) The Board of Athletic Trainers shall elect one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those offices as the board determines.

(2) A majority of the members of the board constitutes a quorum for the transaction of business.

(3) The Board of Athletic Trainers shall meet at least once each year at a time and place determined by the Health Division.

SECTION 4. The Board of Athletic Trainers shall:

(1) Advise the Health Division about the adoption of rules necessary for the administration of sections 1 to 13 of this 1999 Act.

(2) Determine training and education requirements for registration as described in section 8 of this 1999 Act.

(3) Determine qualifications and documentation required for registrations, permits, temporary registrations and waivers.

(4) Determine requirements for reciprocity and equivalency for the practice of athletic training.

(5) Establish a code of professional responsibility and standards of practice for registered athletic trainers.

(6) Develop, approve or recognize a written examination to test an applicant's knowledge of the basic and clinical sciences relating to athletic training techniques and methods and any other subjects the board may determine to be necessary to assess an applicant's fitness to practice athletic training.

(7) Establish standards for acceptable performance, including but not limited to a passing score on the approved or recognized competency examination.

(8) Establish continuing education requirements for renewal of registration.

(9) Establish policies and criteria for the assessment of the quality of the practice of athletic trainers.

(10) Adopt rules that include provisions describing procedures, when appropriate, for collaboration between athletic trainers and physicians licensed pursuant to ORS chapter 677.

SECTION 5. The Health Division is granted authority to carry out the following duties:

(1) Adopt rules that are necessary to conduct business, carry out duties and administer the provisions of sections 1 to 13 of this 1999 Act.

(2) Issue registrations, including temporary registrations, permits, waivers and other authorizations to practice athletic training as determined by the Board of Athletic Trainers.

(3) Establish and collect fees and charges to carry out its legal responsibilities.

(4) Authorize all necessary disbursements to carry out the provisions of sections 1 to 13 of this 1999 Act, including but not limited to payment for necessary supplies, office equipment, books and expenses for the conduct of examinations, payment for legal and investigative services rendered to the division and such other expenditures as are provided for in sections 1 to 13 of this 1999 Act.

(5) Employ inspectors, examiners, special agents, investigators, clerical assistants and accountants as are necessary for the investigation and prosecution of alleged violations and the enforcement of sections 1 to 13 of this 1999 Act and for such other purposes as the division may require. Nothing in sections 1 to 13 of this 1999 Act shall be construed to prevent assistance being rendered by an employee of the division in any hearing called by it. However, all obligations for salaries and expenses incurred under sections 1 to 13 of this 1999 Act shall be paid only from the fees accruing to the division under sections 1 to 13 of this 1999 Act.

(6) The Health Division shall provide the board with such administrative services and employees as the board requires to carry out its duties.

(7) Maintain an accurate record of all proceedings of the board and of all its meetings, receipts and disbursements, fines and orders for violation of sections 1 to 13 of this 1999 Act, records for registration to practice athletic training together with the addresses of those registered, and the names of all persons whose registration has been subject to disciplinary action.

(8) Investigate complaints, take disciplinary action, including assessment of civil fines, and provide opportunity for hearing according to ORS 183.090.

(9) Administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings and perform such other acts as are reasonably necessary to carry out duties of the board granted under sections 1 to 13 of this 1999 Act.

SECTION 6. (1) A person may not practice athletic training or claim to be a registered athletic trainer unless the person is registered under section 8 of this 1999 Act.

(2) Nothing in sections 1 to 13 of this 1999 Act is intended to:

(a) Limit, preclude or otherwise interfere with the practices of health care providers or other persons licensed or registered in this state under any other statutes, or prevent health care providers or other persons from engaging in the profession or occupation for which the health care provider or person is licensed or registered;

(b) Prevent any person from practicing athletic training if the person is employed as an athletic trainer by the federal government or any of its agencies;

(c) Preclude any person from pursuing a supervised course of study leading to a degree or registration as an athletic trainer in an accredited or approved educational program if the person is identified by a title that clearly indicates student or trainee status;

(d) Prevent any person from completing any supervised practical experience requirements established by the Board of Athletic Trainers by rule; or

(e) Prohibit any person from performing athletic training services in this state for purposes of continuing education, consulting or training if the services are performed for no more than 60 days in any calendar year and are performed in association with a registered athletic trainer if the person is:

(A) Registered or licensed and in good standing as an athletic trainer in another state; or

(B) Certified by and in good standing as an athletic trainer with the National Athletic Trainers Association Board of Certification.

(3) Nothing in sections 1 to 13 of this 1999 Act shall be construed to require registration of elementary or secondary school teachers, coaches or volunteers who do not hold themselves out to the public to be athletic trainers.

SECTION 7. (1) A person who is a registered athletic trainer under sections 1 to 13 of this 1999 Act may use the title "Athletic Trainer, Registered" and the abbreviation "ATR."

(2) A person who is a registered athletic trainer under sections 1 to 13 of this 1999 Act and who is certified by the National Athletic Trainers Association Board of Certification may use the title "Athletic Trainer, Certified/Registered" and the abbreviation "ATC/R."

SECTION 8. (1) An applicant for registration as an athletic trainer under sections 1 to 13 of this 1999 Act shall be issued a registration if the applicant has:

(a) Received a bachelor's degree from an accredited four-year college or university and has met the minimum athletic training curriculum requirements established by the Board of Athletic Trainers and adopted by rule;

(b) Demonstrated to the board proof of receipt of a bachelor's degree;

(c) Successfully completed the certification examination administered by the National Athletic Trainers Association Board of Certification or equivalent examination approved or recognized by the Board of Athletic Trainers;

(d) Completed any other requirements for registration as determined by the Board of Athletic Trainers and adopted by rule;

(e) Documented that the applicant is at least 18 years of age; and

(f) Paid all fees required for registration.

(2) The Health Division may refuse to issue or renew a registration of an applicant who has been convicted of an offense or disciplined by an athletic licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice athletic training in accordance with the provisions of sections 1 to 13 of this 1999 Act, or who has falsified an application for registration, or any person for any cause described under section 11 of this 1999 Act.

SECTION 9. (1) An athletic trainer registration is issued for a one-year period. All registrations shall expire on the last day of the month, one year from the date of issuance.

(2) The filing of a registration renewal form is the responsibility of the registrant. The registrant must submit to the Board of Athletic Trainers a completed renewal application, required renewal fee and presentation of evidence, satisfactory to the board, of having completed any required continuing education credits prior to the renewal or expiration date of the registration as specified by rule.

(3) Requirements for late renewal and reinstatement of an expired or lapsed registration shall be determined by the board as specified by rule.

(4) The Health Division may refuse to grant or renew the registration of an athletic trainer whose registration has been denied, suspended, revoked or lapsed for up to one year from the date of the denial of registration or renewal, or the date of the order of suspension or revocation.

(5) The Health Division may vary the date of registration renewal by giving the applicant written notice of the renewal date being assigned and by making prorated adjustments to the renewal fee.

SECTION 10. (1) The Health Division by rule shall impose fees for the following:

(a) Application for athletic trainer registrations, permits and waivers;

(b) Athletic trainer registration;

(c) Renewal of athletic trainer registration;

(d) Temporary practice registration;

(e) Examinations and reexaminations;

(f) Reinstatement;

(g) Delinquency in renewal of a registration;

(h) Duplication; and

(i) Reciprocity.

(2) All moneys received by the division under subsection (1) of this section shall be paid into the

General Fund in the State Treasury and credited to the Health Division Account, and are appropriated continuously and shall be used only by the Health Division for the administration and enforcement of sections 1 to 13 of this 1999 Act.

(3) The fees and charges established by the Health Division under this section are subject to the prior approval of the Oregon Department of Administrative Services and, if their adoption occurs between regular sessions of the Legislative Assembly, a report to the Emergency Board. The fees and charges shall not exceed the cost of administering sections 1 to 13 of this 1999 Act of the division pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the division's budget, as that budget may be modified by the Emergency Board.

(4) The Health Division may assess fees for providing copies of official documents or records in specific formats and for recouping administrative costs associated with compiling, photocopying or preparing and delivering such records.

SECTION 11. The Health Division, in consultation with the Board of Athletic Trainers, may discipline any person registered to practice athletic training in the state for any of the following causes:

(1) Unprofessional conduct, negligence or incompetence in the practice of athletic training.

(2) Fraud, misrepresentation or concealment of material facts in applying for or obtaining a registration to practice in this state, or in connection with applying for or obtaining registration.

(3) Use of any advertising statements that deceive or mislead the public or that are untruthful.

(4) Making statements that the registrant knows, or should have known, are false or misleading, regarding skill or the efficacy or value of treatment or remedy administered by the registrant in the treatment of any condition pertaining to athletic training.

(5) Impersonating another registrant or permitting another person to use a valid registration.

(6) Subject to ORS 670.280, conviction of any criminal offense. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence of the conviction.

(7) Having been disciplined by another state in regard to the practice of athletic training. A certified copy of the record of the disciplinary action of the state is conclusive evidence thereof.

(8) Performance of services while under the influence of alcohol, controlled substances or other skill-impairing substances so as to create a risk or harm to clients.

(9) Any violation of the provisions of sections 1 to 13 of this 1999 Act or of the rules adopted in accordance with sections 1 to 13 of this 1999 Act.

SECTION 12. (1) Upon its own motion or upon any complaint, the Health Division may initiate and conduct investigations of and hearings on all matters relating to the practice of athletic training.

(2) In the conduct of investigations or hearings, the Health Division may:

(a) Take evidence;

(b) Administer oaths;

(c) Take the depositions of witnesses, including the person charged, in the manner provided by law in civil cases;

(d) Compel the appearance of witnesses, including the person charged, in the manner provided by law in civil cases;

(e) Require answers to interrogatories; and

(f) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

(3) In exercising its authority under this section, the Health Division may issue subpoenas over the signature of the Assistant Director for Health or designated employee thereof and in the name the State of Oregon.

(4) If a person fails to comply with a subpoena issued under this section, the judge of the circuit court shall compel obedience by initiating proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court.

(5) In all investigations and hearings, the Health Division and any person affected thereby may have the benefit of counsel and all hearings shall be held in compliance with ORS 183.310 to 183.550.

SECTION 13. (1) In disciplining a registrant for any cause authorized by sections 1 to 13 of this 1999 Act, the Health Division may:

(a) Refuse to issue or renew the registration;

(b) Suspend judgment;

(c) Place the registrant on probation;

(d) Suspend the registration;

(e) Revoke the registration;

(f) Place limitations on the registration; or

(g) Take such other disciplinary action as the Health Division finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $1,000, or both.

(2) In addition to the action authorized by subsection (1) of this section, the Health Division may temporarily suspend a registration without a hearing while simultaneously commencing proceedings in accordance with ORS 183.310 to 183.550 as a contested case if the division finds that evidence in its possession indicates that a continuation in practice of the registrant constitutes an immediate danger to the public.

(3) If the Health Division places any registrant on probation as set forth in subsection (1)(c) of this section, the Board of Athletic Trainers may determine, and at any time modify, the conditions of the probation and may include any reasonable condition for the purpose of the rehabilitation of the probationer.

(4) If a registration issued under section 8 of this 1999 Act is suspended, the holder of the registration may not practice during the term of suspension. The registration shall be reinstated by the Health Division if the conditions for which the license was suspended no longer exist.

(5) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(6) All penalties recovered under this section shall be credited to the General Fund in the State Treasury and credited to the Health Division Account, and are appropriated continuously and shall be used only by the Health Division for the administration and enforcement of sections 1 to 13 of this 1999 Act.

(7) In addition to all other remedies, when it appears to the Health Division that a person has engaged in, or is engaging in, any act, practice or transaction that violates the provisions of sections 1 to 13 of this 1999 Act, the division may direct the Attorney General or the district attorney of the county in which the act, practice or transaction occurs to apply to the court for an injunction restraining the person from violating the provisions of sections 1 to 13 of this 1999 Act.

SECTION 14. Notwithstanding the term of office specified by section 2 of this 1999 Act, of the members first appointed to the Board of Athletic Trainers:

(1)(a) One athletic trainer member shall serve for a term ending on the first day of the month of appointment in the year next following appointment.

(b) One athletic trainer member shall serve for a term ending on the first day of the month of appointment in the second year next following appointment.

(c) One athletic trainer member shall serve for a term ending on the first day of the month of appointment in the third year next following appointment.

(2) The physician member shall serve for a term ending on the first day of the month of appointment in the second year next following appointment.

(3) The public member shall serve for a term ending on the first day of the month of appointment in the third year next following appointment.

SECTION 15. (1) Any person actively engaged as an athletic trainer on the effective date of this 1999 Act will be considered registered under sections 1 to 13 of this 1999 Act if the person submits an application and payment of the application and registration fees required by section 10 of this 1999 Act, and upon evaluation of the person's qualifications by the Board of Athletic Trainers, is found to have a level of competence equal to that of one possessing the educational qualifications set forth in section 8 of this 1999 Act. In the evaluation, the board shall accept the applicant's documentation of certification by the National Athletic Trainers Association Board of Certification as proof that the applicant has met the required level of competence. For applicants not having such certification, the Health Division shall, with the advice of the Board of Athletic Trainers, establish rules for examination and evaluation that shall take into account the applicant's education, training and experience qualifications.

(2) Applications for a license under this section must be made within 180 days from the effective date of this 1999 Act.

SECTION 16. ORS 688.700 is repealed.

SECTION 17. Sections 1 to 13 of this 1999 Act are repealed on December 31, 2005.

Approved by the Governor July 15, 1999

Filed in the office of Secretary of State July 15, 1999

Effective date October 23, 1999

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