"An Act"

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CHAPTER 271

PROFESSIONS AND OCCUPATIONS

House Bill 91-1127

By Representatives Kopel, Own, Rupert, Webb, S. Williams, and Wright:

Also Senators Martinez, Norton, Schaffer, and Rizzuto

Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material are not part of act.

Concerning an exception to the "Colorado Medical Practice Act" for certain services rendered by qualified athletic trainers

Be it enacted by the General Assembly of the State of Colorado:

Section 1. 12-26-106 (3), Colorado Revised Statutes, 1985 Repl. Vol, as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH TO READ:

12-36-106. Practice of medicine defined– exemptions from licensing requirements. (3) Nothing in this section shall be construed to prohibit, or to require a license under this article with respect to any of the following acts:

(q) THE RENDERING OF SERVICES BY AN ATHLETIC TRAINER SUBJECT TO THE CONDITIONS AND LIMITATIONS PROVIDED IN SUBSECTION (3.5) OF THIS SECTION.

Section 2. 12-36-106, Colorado Revised Statutes, 1985 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12-36-106. Practice of medicine defined – exemptions from licensing requirements. (3.5) (a) THE STATE BOARD OF MEDICAL EXAMINERS SHALL PROMULGATE RULES AND REGULATIONS SPECIFYING THE TYPES OF SERVICES WHICH A QUALIFIED ATHLETIC TRAINER MAY RENDER PURSUANT TO PARAGRAPH (q) OF SUBSECTION (3) OF THIS SECTION. IN ORDER TO QUALIFY FOR THE EXCEPTION ALLOWED PURSUANT TO SAID PARAGRAPH (q), SUCH SERVICES MUST BE RENDERED ONLY BY QUALIFIED ATHLETIC TRAINERS WHO RENDER THE SERVICES, WITHIN THE ATHLETIC TRAINER SCOPE OF PRACTICE AS HEREIN DEFINED, IN THE COURSE OF PARTICIPATION IN AN EDUCATIONAL INSTITUTION’S SPORTS PROGRAM, AN ORGANIZED AMATEUR SPORTS ORIGINATION, A PROFESSIONAL SPORTS ORGANIZATION, A RECREATIONAL PROGRAM OF A COUNTY, MUNICIPAL, OR SPECIAL DISTRICT GOVERNMENT, OR AN ORGANIZED COMMUNITY SPORTS EVENT

(b) FOR PURPOSES OF THIS SUBSECTION (3.5), "QUALIFIED ATHLETIC TRAINER" MEANS A PERSON:

(I) WHO HAS A BACCALAUREATE DEGREE GRANTED BY AN ACCREDITED COLLEGE OR UNIVERSITY OR A COLLEGE OR UNIVERSITY APPROVED BY THE STATE EDUCATIONAL BOARD OR DEPARTMENT IN ANOTHER STATE, WHICH DEGREE IS IN A FIELD RELATED TO ATHLETIC TRAINING AS DEFINED BY THE COLLEGE OR UNIVERSITY WHICH GRANTED THE DEGREE, AND WHO HAS COMPLETED A MINIMUM OF ONE THOUSAND, FIVE HUNDRED ACTUAL HOURS OF SUPERVISED CLINICAL EXPERIENCE OR INTERNSHIP TRAINING IN ATHLETIC TRAINING UNDER THE SUPERVISION OF A PERSON ACCREDITED BY A NATIONAL ATHLETIC TRAINING STANDARDS ORGANIZATION DESIGNATED BY THE STATE BOARD OF MEDICAL EXAMINERS; OR

(II) WHO HAS A BACCALAUREATE DEGREE WITH A MAJOR IN ATHLETIC TRAINING WHICH WAS GRANTED THOUGH A COLLEGE OR UNIVERSITY PROGRAM WHICH IS ACCREDITED BY A NATIONAL ATHLETIC TRAINING STANDARDS ORGANIZATION DESIGNATED BY THE STATE BOARD OF MEDICAL EXAMINERS AND WHO HAS COMPLETED A MINIMUM OF EIGHT HUNDRED ACTUAL HOURS OF SUPERVISED CLINICAL EXPERIENCE OR INTERNSHIP IN ATHLETIC TRAINING UNDER THE SUPERVISION OF A PERSON ACCREDITED BY A NATIONAL ATHLETIC TRAINING STANDARDS ORGANIZATION DESIGNATED BY THE STATE BOARD OF MEDICAL EXAMINERS.

(c) FOR PURPOSES OF THIS SUBSECTION (3.5), "ATHLETE" MEANS AN INDIVIDUAL PARTICIPATING IN AN EDUCATIONAL INSTITUTION’S SPORTS PROGRAM, AN ORGANIZED SPORTS ORGANIZATION, A PROFESSIONAL SPORTS ORGANIZATION, A RECREATIONAL PROGRAM OF A COUNTY, MUNICIPAL, OR SPECIAL DISTRICT GOVERNMENT, OR AN ORGANIZED COMMUNITY SPORTS EVENT.

(d) FOR PURPOSES OF THIS SUBSECTION (3.5), "ATHLETIC TRAINER SCOPE OF PRACTICE" MEANS THE PERFORMANCE OF ALL OR SOME OF THE FOLLOWING FUNCTIONS BY A QUALIFIED ATHLETIC TRAINER:

(I) THE DEVELOPMENT AND IMPLEMENTATION OF CONDITIONING PROGRAMS FOR ATHLETES AS DEFINED IN PARAGRAPH (c) OF THIS SUBSECTION;

(II) THE PERFORMANCE OF STRENGTH TESTING USING MECHANICAL DEVICES OR OTHER STANDARD TECHNIQUES;

(III) THE APPLICATION OF TAPE, BRACES, AND PROTECTIVE DEVISES TO PREVENT INJURY;

(IV) THE SUPERVISION OF MAINTENANCE OF ATHLETIC EQUIPMENT TO ASSURE SAFETY;

(V) THE IDENTIFICATION OF PREEXISTING PHYSICAL CONDITIONS WHICH MAY POSE A RISK OF INJURY TO AN ATHLETE DURING THE PHYSICAL EXAMINATION AND SCREENING;

(VI) THE DETERMINATION OF THE LEVEL OF FUNCTIONAL CAPACITY, DECREASED RANGE OF MOTION OR MUSCULAR WEAKNESS OF AN INJURED ATHLETE IN ORDER TO ESTABLISH THE EXTENT OF AN INJURY;

(VII) THE ADMINISTRATION OF STANDARD TECHNIQUES OF FIRST AID

(VIII) THE USE OF EMERGENCY CARE EQUIPMENT TO AID THE INJURED ATHLETE BY FACILITATING SAFE TRANSPORTATION TO AN APPROPRIATE MEDICAL FACILITY;

(IX) THE REFERRAL OF AN ATHLETE TO APPROPRIATE MEDICAL PERSONNEL AS NEEDED;

(X) THE USE OF EXERCISE AND OTHER THERAPIES FOR WHICH THE ATHLETIC TRAINER HAS RECEIVED FORMAL TRAINING, NOT INCLUDING DRUGS, TO RESTORE AN INJURED ATHLETE TO NORMAL FUNCTION;

(XI) THE MAINTENANCE OF ATHLETIC TRAINING RECORDS;

(XII) THE ORGANIZATION OF A MEDICAL CARE SERVICE DELIVERY SYSTEM FOR ATHLETES WHEN NEEDED;

(XIII) THE ESTABLISHMENT OF PLANS TO MANAGE AN ATHLETE’S MEDICAL EMERGENCIES;

(XIV) THE EDUCATION AND COUNSELING OF ATHLETES ON SPORTS HEALTH RELATED TOPICS;

(XV) THE INSTRUCTION OF STUDENT ATHLETIC TRAINERS; AND

(XVI) THE EDUCATION AND COUNSELING OF THE GENERAL PUBLIC WITH RESPECT TO APPROPRIATE ATHLETIC TRAINING PROGRAMS.

(e) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS CONFERRING ANY AUTHORITY TO PRACTICE, OR TO HOLD ONESELF OUT THROUGH ADVERTISEMENT OR BILLING AS PROVIDING PHYSICAL THERAPY AS DEFINED IN SECTION 12-4-102.

(f) THE STATE BOARD OF MEDICAL EXAMINERS SHALL SEEK THE VOLUNTARY ASSISTANCE OF PHYSICIANS AND ATHLETIC TRAINERS IN DEVELOPING AND FORMULATING THE RULES AND REGULATIONS REQUIRED TO BE PROMULGATED PURSUANT TO THIS SUBSECTION (3.5). IF SUCH RULES AND REGULATIONS HAVE NOT BEEN PROMULGATED BY JUNE 1, 1992, THE BOARD SHALL REPORT TO THE SUNRISE AND SUNSET REVIEW COMMITTEE CREATED BY JOINT RULE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES DURING THE INTERIM AFTER THE 1992 REGULAR SESSIONS OF THE GENERAL ASSEMBLY CONCERNING THE REASONS THAT THOSE RULES AND REGULATIONS HAVE NOT BEEN PROMULGATED.

Section 3. Safety clause. The general assembly hereby finds, determines and declares that this act is necessary for the immediate preservation of the public peace, health and safety.

Approved: May 7, 1991

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