Colorado Athletic Trainers' Association

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Summary and Analysis of Colorado’s Current Athletic Training Legislations

Currently AT are allowed to work in CO & practice under what is called an exemption to the medical practitioners act

We are regulated by the state board of medical examiners. (discipline)

Industrial/Corporate AT are not covered in the exemption. An AT must have a formal affiliation with the areas listed in the exemption (see legislative web page)

A "qualified athletic trainer: is one who has a baccalaureate degree in athletic training or a related field and has completed a certain number of hours of supervised clinical experience or internship training.

"Athletic trainer scope of practice" refers repeatedly to the treatment of "athletes". The rules and regulations concerning AT clarify that the treatment provided may include typical professional activities of a ATC.

There is no requirement for certification or other competency testing to practice as a AT in Colorado. Therefore, an individual who chooses to not take or fails the NATABOC certification exam can lawfully practice in the same manner as a ATC in Colorado.

The statute specifically states that it does not authorize athletic trainers to practice, or to hold themselves out through advertisement or billing.

There is no title protection for AT in Colorado

May 1991 – The exemption to the medical practitioners act (House Bill 91-1127) was signed by Governor Roy Romer.

The CATA had attempted to gain licensure but ended up coming away with the exemption.

Fall 1998-A legal interpretation was obtained on the status of athletic trainers in the State of Colorado

 

May 1999 – Rick Ball Presentation

His presentation raised many questions

September 1999 - The CATA BOD developed a survey to obtain some feedback from the membership. (55,22%)

Spring 2000

The BOD determined that there needed to be additional information gathered to help inform everyone of the differences of the following;

third party billing

registration

certification

licensure

Winter 2000

A publication was mailed to all CATA members with the information that had been gathered.

After reviewing the material, it was felt that the members could come together at the annual meeting (May 2000) and then guide the BOD into which direction the members felt they wanted the CATA to go in.

It was the memberships wish to continue to practice under the current medical practitioners exemption and to not pursue licensure.

At that time the membership determined that a heightened public relations effort needed to take place. (Bob Tim-chairperson)

Distribution of PR packets

Distribution of promotional Athletic Training items/educational material to;

HS ATC’s/Athletic Directors

College ATC/Athletic Directors

9 News Health Fairs

General Information

There are 4 different approaches/options regarding legislation for AT in CO.

Each one involves different levels of monetary involvement.

In order to pursue any of the following options a lobbyist must be hired which would require a monetary commitment (minimally $25,000/year)

It is suggested that a state association have roughly $50,000 available to launch a legislative action. (2002)

Changing the Language of the Existing Exemption

If the CATA wanted to try to change the wording of the current exemption it would open it up for attack of any group (PT,Chiropractors etc).

We could end up with less than what we have or more than expected.

Registration (statute)

An ATC would be required to register to practice athletic training in CO.

The CATA would regulate violations to a certain degree.

Take appropriate actions

Pass onto the state board of medical examiners

Title protection could be gained

This would be similar to what we have now.

Certification

This would allow a higher level of enforcement to handle violations

An advisory committee that would report to the state board of medical examiners (CATA would be monetarily responsible to support this committee)

An example = EMT’s

Title protection would be gained

Licensure

This would be the highest level of regulation

An independent state agency must be formed to regulate athletic training (CATA monetary support)

Title protection would be gained

A fee would have to be paid to the state yearly to help run the regulatory agency

A lobbyist may need to be retained on a yearly basis to help protect our interests

Every 5 years we would have to defend our licensure to the Sunset Committee.

Would require an individual to pass a state exam or just the NATABOC exam in order to work as a ATC in CO.

Important Notes

There is no guarantee that the wording of our proposal for any of the above options would pass.

We could end up with a more limited scope of practice or exactly what we want.

Third party billing will only occur when the various insurance companies decide to accept billing for the services of an ATC.

Third party billing is NOT tied to licensure.

Billing does not go hand in hand with any of the options listed.

Costs Associated with AT boards

All boards must be self supporting (no tax dollars used to help regulate the profession)

A % of the salary of the administrator

A % of the office costs of administrator

Costs of all correspondence related to the board and its actions

Costs of all investigative expenses in prosecuting non-compliant professionals

Costs of filing all yearly reports and archiving all documents

Per diem of board members to attend all meetings (usually min of 2/yr)

Costs of establishing and administrating examinations and the issuing and production of certificates (to designate the individual as recognized by the state)

Fees to support the board and its administrator are divided by the number of individuals regulated.

NATA Governmental Affairs/Reimbursements

This department can:

-  Draft legislation for state organizations

-  Assist in developing legislative language

-  Provide information to state regulatory boards and elected official’s staff about the profession

-  Suggest rules language to state organizations

-  Provide information to lobbyists hired by state organizations

-  Develop education materials such as a legislative survival kit, how to approach your elected representatives

Legislative Funds Program

Each state is eligible to request up to $4,000 to be reimbursed (submission of receipts/invoices) for legislative issues.

States are then eligible to apply for an additional $5,000 of emergency money should they have on-going legislative projects that are either extraordinary in scope or are unexpected yet dramatically stand to impact the profession.

 

 

Please send all questions and comments to: Kelly Brick, ATC, Webmaster