House Bill 314 (COMMITTEE SUBSTITUTE) By: Representatives LaHood of the 175th, Powell of the 33rd, Jasperse of the 11th, Cannon of the 172nd, and Sharper of the 177th A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to revise and update definitions; to eliminate obsolete provisions; to require athletic training students to be under the direct supervision of a physician or licensed athletic trainer; to revise and update certification requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by revising Code Section 43-5-1, relating to definitions, as follows: "43-5-1. As used in this chapter, the term: (1) 'Athletic injury' means any injury condition sustained by a person as a result of such person's participation in exercises, sports, games, or recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina without respect to where or how the injury condition occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section. (2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers. (3) 'Board' means the Georgia Board of Athletic Trainers." SECTION 2. Said chapter is further amended by revising Code Section 43-5-6, relating to general powers and duties of the Georgia Board for Athletic Trainers, as follows: "43-5-6. (a) The board is authorized to promulgate and adopt rules and regulations consistent with this chapter which are necessary for the performance of its duties. (b) The board shall prescribe application forms for license applications. (c) The board shall establish guidelines for athletic trainers in the state and prepare and conduct an approve a certification examination for applicants for a license. (d) The board shall adopt an official seal and the form of a license certificate of suitable design." SECTION 3. Said chapter is further amended by revising Code Section 43-5-7, relating to license requirement for persons engaged as athletic trainers, as follows: "43-5-7. No person shall hold himself or herself out as an athletic trainer or perform the services of an athletic trainer, as defined in this chapter, without first obtaining a license under this chapter. Nothing; provided, however, that nothing in this chapter shall be construed to prevent any person enrolled in an accredited athletic training educational program recognized by the board from serving as a student-trainer, assistant-trainer, or any similar position an athletic training student if such service is not primarily for compensation following the accredited program's standards for clinical education and is carried out under the direct supervision of a physician or a licensed athletic trainer. As used in this Code section, the term 'direct supervision' means that the supervising athletic trainer or physician is physically present in the facility where athletic training students assisting with athletic training services are located and is immediately available to assist the person being supervised." SECTION 4. Said chapter is further amended by revising Code Section 43-5-8, relating to qualifications of applicants and reciprocity, as follows: "43-5-8. (a) An applicant for an athletic trainer's license must have met the athletic training curriculum requirements of a college or university approved shall be a graduate of an accredited educational program that prepares athletic trainers recognized by the board and give proof of graduation or shall submit, in a manner prescribed by the board, equivalent educational credentials as approved by the board. (b) The board shall be authorized to grant a license, without examination, to any qualified athletic trainer holding a license in another state if such other state recognizes licensees of this state in the same manner. (c) The board may grant a license without examination to any qualified applicant who holds a certification from the National Athletic Trainers Board of Certification Board of Certification for the Athletic Trainer or its successor. (d) Any person who was issued a license prior to July 1, 2004, shall remain qualified for licensure, notwithstanding the requirement for proof of graduation in subsection (a) of this Code section, so long as the license remains current." SECTION 5. All laws and parts of laws in conflict with this Act are repealed.