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AB-3110 Athletic trainers.(2017-2018)

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Date Published: 04/12/2018 04:00 AM
AB3110:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3110


Introduced by Assembly Member Mullin
(Coauthors: Assembly Members Berman, Calderon, Chau, Kalra, and McCarty)
(Coauthor: Senator Stone)

February 16, 2018


An act to amend, repeal, and add Sections 101 and 144 of, and to add and repeal Chapter 5.8 (commencing with Section 2697) of Division 2 of, the Business and Professions Code, relating to athletic trainers.


LEGISLATIVE COUNSEL'S DIGEST


AB 3110, as amended, Mullin. Athletic trainers.
Existing law provides for the licensure and regulation of various professions and vocations, including those of an athlete agent. vocations. Existing law makes it a crime for a healing arts licensee to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed.
This bill would enact the Athletic Training Practice Act, which would, after a determination is made that sufficient funds have been received to pay initial costs of this bill, provide for the licensure and regulation of athletic trainers, as defined. The bill would, after that determination, establish the Athletic Trainer Licensing Committee within the California Board of Occupational Therapy to implement these provisions, including issuing and renewing athletic training licenses and imposing disciplinary action. Under the bill, the committee would be comprised of 7 members, to be appointed to 4-year terms, except as specified. Commencing 6 months after the committee is established by this bill, the bill would prohibit a person from practicing as an athletic trainer or using certain titles without a license issued by the committee, except as specified. The bill would prohibit, except in specified cases for a specified period, a person from using the title “athletic trainer,” unless the person is licensed by the committee or other conditions are met. The bill would specify the requirements for licensure, including education, examination, and the payment of a license application fee established by the committee. The bill would define the practice of athletic training and prescribe direction requirements on athletic trainers.
The bill would also establish the Athletic Trainers’ Fund for the deposit of license application and renewal fees, as specified, and would make those fees available to the committee for the purpose of implementing these provisions upon appropriation by the Legislature. The bill would authorize the Director of Consumer Affairs to seek and receive donations from the California Athletic Trainers Association or any other private person or entity for purposes of obtaining funds for the startup costs of implementing the act. The bill would require the director to determine that sufficient funds for that purpose have been obtained and to provide notice to the Legislature, the Governor, and on the department’s Internet Web site of the determination, as specified. The bill would repeal these provisions on January 1, 2026. By changing the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares the following:
(a) California is the only state that does not currently regulate the practice of athletic training. This lack of regulation creates the risk that individuals who have lost or are unable to obtain licensure in another state will may come to California to practice, thereby putting the public in danger and degrading the standards of the profession as a whole.
(b) There is a pressing and immediate need to regulate the profession of athletic training in order to protect the public health, safety, and welfare. This need is particularly important because athletic trainers often work with school age children. minors.
(c) There is also a pressing and immediate need to regulate the profession of athletic training because the absence of regulation puts California businesses, colleges, universities, and other organizations at risk of liability solely because of the unlicensed status of athletic trainers in the state.

SEC. 2.

 Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:

101.
 The department is comprised of the following:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The State Board of Barbering and Cosmetology.
(i) The Board for Professional Engineers, Land Surveyors, and Geologists.
(j) The Contractors’ State License Board.
(k) The Bureau for Private Postsecondary Education.
(l) The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.
(m) The Board of Registered Nursing.
(n) The Board of Behavioral Sciences.
(o) The State Athletic Commission.
(p) The Cemetery and Funeral Bureau.
(q) The State Board of Guide Dogs for the Blind.
(r) The Bureau of Security and Investigative Services.
(s) The Court Reporters Board of California.
(t) The Board of Vocational Nursing and Psychiatric Technicians.
(u) The Landscape Architects Technical Committee.
(v) The Division of Investigation.
(w) The Bureau of Automotive Repair.
(x) The Respiratory Care Board of California.
(y) The Acupuncture Board.
(z) The Board of Psychology.
(aa) The California Board of Podiatric Medicine.
(ab) The Physical Therapy Board of California.
(ac) The Arbitration Review Program.
(ad) The Physician Assistant Committee.
(ae) The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(af) The California Board of Occupational Therapy.
(ag) The Osteopathic Medical Board of California.
(ah) The Naturopathic Medicine Committee.
(ai) The Dental Hygiene Committee of California.
(aj) The Professional Fiduciaries Bureau.
(ak) The State Board of Chiropractic Examiners.
(al) The Bureau of Real Estate Appraisers.
(am) The Structural Pest Control Board.
(an) The Bureau of Medical Cannabis Regulation. Control.
(ao) The Athletic Trainer Licensing Committee if a determination is made pursuant to Section 2697.20.
(ap) Any other boards, offices, or officers subject to its jurisdiction by law.
(aq) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3.

 Section 101 is added to the Business and Professions Code, to read:

101.
 The department is comprised of the following:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The State Board of Barbering and Cosmetology.
(i) The Board for Professional Engineers, Land Surveyors, and Geologists.
(j) The Contractors’ State License Board.
(k) The Bureau for Private Postsecondary Education.
(l) The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.
(m) The Board of Registered Nursing.
(n) The Board of Behavioral Sciences.
(o) The State Athletic Commission.
(p) The Cemetery and Funeral Bureau.
(q) The State Board of Guide Dogs for the Blind.
(r) The Bureau of Security and Investigative Services.
(s) The Court Reporters Board of California.
(t) The Board of Vocational Nursing and Psychiatric Technicians.
(u) The Landscape Architects Technical Committee.
(v) The Division of Investigation.
(w) The Bureau of Automotive Repair.
(x) The Respiratory Care Board of California.
(y) The Acupuncture Board.
(z) The Board of Psychology.
(aa) The California Board of Podiatric Medicine.
(ab) The Physical Therapy Board of California.
(ac) The Arbitration Review Program.
(ad) The Physician Assistant Committee.
(ae) The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(af) The California Board of Occupational Therapy.
(ag) The Osteopathic Medical Board of California.
(ah) The Naturopathic Medicine Committee.
(ai) The Dental Hygiene Committee of California.
(aj) The Professional Fiduciaries Bureau.
(ak) The State Board of Chiropractic Examiners.
(al) The Bureau of Real Estate Appraisers.
(am) The Structural Pest Control Board.
(an) The Bureau of Medical Cannabis Regulation. Control.
(ao) Any other boards, offices, or officers subject to its jurisdiction by law.
(ap) This section shall become operative on January 1, 2026.

SEC. 4.Section 144 of the Business and Professions Code is amended to read:
144.

(a)Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.

(b)Subdivision (a) applies to the following:

(1)California Board of Accountancy.

(2)State Athletic Commission.

(3)Board of Behavioral Sciences.

(4)Court Reporters Board of California.

(5)State Board of Guide Dogs for the Blind.

(6)California State Board of Pharmacy.

(7)Board of Registered Nursing.

(8)Veterinary Medical Board.

(9)Board of Vocational Nursing and Psychiatric Technicians.

(10)Respiratory Care Board of California.

(11)Physical Therapy Board of California.

(12)Physician Assistant Committee of the Medical Board of California.

(13)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.

(14)Medical Board of California.

(15)State Board of Optometry.

(16)Acupuncture Board.

(17)Cemetery and Funeral Bureau.

(18)Bureau of Security and Investigative Services.

(19)Division of Investigation.

(20)Board of Psychology.

(21)California Board of Occupational Therapy.

(22)Structural Pest Control Board.

(23)Contractors’ State License Board.

(24)Naturopathic Medicine Committee.

(25)Professional Fiduciaries Bureau.

(26)Board for Professional Engineers, Land Surveyors, and Geologists.

(27)Bureau of Medical Cannabis Regulation.

(28)California Board of Podiatric Medicine.

(29)Osteopathic Medical Board of California.

(30)Athletic Trainer Licensing Committee if a determination is made pursuant to Section 2697.20.

(c)For purposes of paragraph (26) of subdivision (b), the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.

(d)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 4.

 Section 144 of the Business and Professions Code is amended to read:

144.
 (a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Board of Vocational Nursing and Psychiatric Technicians.
(10) Respiratory Care Board of California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Committee of the Medical Board of California.
(13) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(14) Medical Board of California.
(15) State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors’ State License Board.
(24) Naturopathic Medicine Committee.
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and Geologists.
(27) Bureau of Cannabis Control.
(28) California Board of Podiatric Medicine.
(29) Osteopathic Medical Board of California.
(30) Athletic Trainer Licensing Committee if a determination is made pursuant to Section 2697.20.
(c) For purposes of paragraph (26) of subdivision (b), the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 5.

 Section 144 is added to the Business and Professions Code, to read:

144.
 (a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Board of Vocational Nursing and Psychiatric Technicians.
(10) Respiratory Care Board of California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Committee of the Medical Board of California.
(13) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(14) Medical Board of California.
(15) State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors’ State License Board.
(24) Naturopathic Medicine Committee.
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and Geologists.
(27) Bureau of Medical Cannabis Regulation. Control.
(28) California Board of Podiatric Medicine.
(29) Osteopathic Medical Board of California.
(c) For purposes of paragraph (26) of subdivision (b), the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.
(d) This section shall become operative on January 1, 2026.

SEC. 6.

 Chapter 5.8 (commencing with Section 2697) is added to Division 2 of the Business and Professions Code, to read:
CHAPTER  5.8. Athletic Trainers
Article  1. Administration

2697.
 This chapter shall be known, and may be cited, as the Athletic Training Practice Act.

2697.1.
 For the purposes of this chapter, the following definitions apply:
(a) “Athletic trainer” means a person who meets the requirements of this chapter, is licensed by the committee, and practices under the direction of a licensed physician or surgeon. An athletic trainer is a healing arts licensee.
(b) “Board” means the California Board of Occupational Therapy.
(c) “Committee” means the Athletic Trainer Licensing Committee.
(d) “Director” means the Director of Consumer Affairs.

2697.2.
 (a) There is established the Athletic Trainer Licensing Committee within the California Board of Occupational Therapy. The committee shall consist of seven members.
(b) The seven committee members shall include the following:
(1) Three licensed athletic trainers. Initially, the committee shall include three athletic trainers who have graduated from a professional degree program described in subdivision (b) of either Section 2697.4 or 2697.5 prior to approval by the committee and who will satisfy the remainder of the licensure requirements described in Section 2697.5, including submission of application for licensure, as soon as it is practically possible.
(2) Two public members.
(3) One physician and surgeon licensed by the Medical Board of California or one osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California.
(4) One occupational therapist licensed by the board.
(c) Subject to confirmation by the Senate, the Governor shall appoint one of the licensed athletic trainers, the public members, the physician and surgeon or osteopathic physician and surgeon, and the licensed occupational therapist. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a licensed athletic trainer.
(d) (1) All appointments shall be for a term of four years and shall expire on June 30 of the year in which the term expires. Appointees may be reappointed once. Vacancies shall be filled for any unexpired term.
(2) Notwithstanding paragraph (1), for initial appointments to the committee, one public member and the licensed occupational therapist appointed by the Governor and one of the licensed athletic trainers shall serve terms of two years, and the remaining members shall serve terms of four years.
(e) Each member of the committee shall receive per diem and expenses as provided in Section 103.
(f) Subject to Sections 107 and 154, the committee may employ an executive officer and other officers and employees.

2697.3.
 (a) (1) The committee shall adopt, repeal, and amend regulations as may be necessary to administer and enforce this chapter.
(2) Before adopting regulations, the committee may consult the professional standards issued by the National Athletic Trainers Association, the Board of Certification, Inc., the Commission on Accreditation of Athletic Training Education, or any other nationally recognized professional athletic training organization.
(b) The committee shall investigate each applicant before a license is issued in order to determine whether the applicant meets the qualifications required by this chapter.
(c) The committee shall give protection of the public the highest priority in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Article  1.5. Licensure

2697.4.
 Except as otherwise provided in this chapter, the committee shall issue an athletic training license to an applicant who meets all of the following requirements:
(a) At the time of application, is over 18 years of age, is not addicted to alcohol or any controlled substance, and has not committed acts or crimes constituting grounds for denial of a license under Section 480.
(b) Has submitted an application developed by the committee that provides evidence that the applicant has graduated from a professional degree program in athletic training accredited by the Commission on Accreditation of Athletic Training Education, or its predecessors or successors, and approved by the committee, at an accredited postsecondary institution or institutions approved by the committee. The professional degree program shall consist of didactic, clinical, and research experiences in athletic training using critical thinking and weighing of evidence.
(c) Has passed an athletic training certification examination offered by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved and recognized by the committee.
(d) Has passed a criminal background check.
(e) Has paid the application fee established by the committee.

2697.5.
 Notwithstanding Section 2697.4, the committee shall issue an athletic training license to an applicant who did not graduate from an accredited professional degree program described in subdivision (b) of Section 2697.4, but who received athletic training via an internship, if the applicant meets all of the following requirements:
(a) At the time of application, is over 18 years of age, is not addicted to alcohol or any controlled substance, and has not committed acts or crimes constituting grounds for denial of a license under Section 480.
(b) Furnishes evidence satisfactory to the committee of completion of a professional bachelor’s degree program at an accredited postsecondary institution that includes instruction in basic sciences related to, and on the practice of, athletic training.
(c) Passes the examination described in subdivision (c) of Section 2697.4.
(d) Completes at least 1,500 hours of clinical experience under an athletic trainer certified by a certification agency described in subdivision (c) of Section 2697.4.
(e) Has passed a criminal background check.
(f) Has paid the application fee established by the committee.

2697.6.
 A license issued by the committee pursuant to Section 2697.4 or 2697.5 is valid for two years and thereafter is subject to the renewal requirements described in Sections 2697.7 and 2697.8.

2697.7.
 The committee shall establish license application and renewal fees in an amount sufficient to cover the reasonable regulatory costs of administering this chapter.

2697.8.
 The committee shall renew a license if an applicant meets both of the following requirements:
(a) Pays the renewal fee as established by the committee.
(b) Submits proof of both of the following:
(1) Satisfactory completion of continuing education, as determined by the committee.
(2) Has a current athletic training certification from a certification body approved by the committee, including, but not limited to, the Board of Certification, Inc., or its predecessors or successors.

2697.9.
 (a) The committee may deny a license or discipline a licensee who is described by any of the following:
(1) Does not meet the requirements of this chapter.
(2) Has had an athletic training license, certification, or registration revoked or suspended by an accredited organization, state, or territory.
(3) Has been convicted of a crime that is substantially related to the functions or duties of an athletic trainer.
(4) Has committed unprofessional conduct, as described in Section 2697.11.
(b) The committee may order any of the following actions regarding an athletic training license after a hearing to determine unprofessional conduct:
(1) Placing the license on probation with terms and conditions.
(2) Suspending the license and the ability to practice athletic training for a period not to exceed one year.
(3) Revoking the license.
(4) Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(5) Issuing an initial license on probation, with specific terms and conditions, to an applicant who has violated this chapter or the regulations adopted pursuant to it, but who has met all other requirements for licensure.
(6) Taking any other action as the committee, in its discretion, deems proper to protect the public health and safety.
(c) If a license is suspended, the holder may not practice as an athletic trainer during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated and the holder entitled to resume practice under any remaining terms of the discipline, unless it is established to the satisfaction of the committee that the holder of the license practiced in this state during the term of suspension. In this event, the committee may, after a hearing on this issue alone, revoke the license.
(d) The committee shall retain jurisdiction to proceed with any investigation, action action, or disciplinary proceeding against a license, or to render a decision suspending or revoking a license, regardless of the expiration, lapse, or suspension of the license by operation of law, by order or decision of the committee or a court of law, or by the voluntary surrender of a license by the licensee.

2697.10.
 (a) A holder of a license that has been revoked, suspended, or placed on probation, may petition the committee for reinstatement or modification of a penalty, including reduction or termination of probation, after a period not less than the applicable following minimum period has elapsed from either the effective date of the decision ordering that disciplinary action, or, if the order of the committee or any portion of it was stayed, from the date the disciplinary action was actually implemented in its entirety. The minimum periods that shall elapse prior to a petition are as follows:
(1) For a license that was revoked for any reason other than mental or physical illness, at least three years.
(2) For early termination of probation scheduled for three or more years, at least two years.
(3) For modification of a penalty, reinstatement of a license revoked for mental or physical illness, or termination of probation scheduled for less than three years, at least one year.
(b) The committee may, in its discretion, specify in its disciplinary order a lesser period of time, provided that the period shall not be less than one year.
(c) The petition submitted shall contain any information required by the committee, which may include a current set of fingerprints accompanied by the fingerprinting fee.
(d) The committee shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the committee. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition.
(e) The committee, itself, shall hear the petition and the administrative law judge shall prepare a written decision setting forth the reasons supporting the decision.
(f) The committee may grant or deny the petition, or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty.
(g) The committee shall refuse to consider a petition while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or subject to an order of registration pursuant to Section 290 of the Penal Code.
(h) No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.

2697.11.
 For purposes of this chapter, unprofessional conduct includes, but is not limited to, the following:
(a) Incompetence, negligence, or gross negligence in carrying out usual athletic trainer functions.
(b) Repeated similar negligent acts in carrying out usual athletic trainer functions.
(c) A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
(d) The use of advertising relating to athletic training which violates Section 17500.
(e) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a licensee by another state or territory of the United States, by any other government agency, or by another California healing arts licensing board. A certified copy of the decision, order, or judgment shall be conclusive evidence thereof.
(f) Procuring a license by fraud, misrepresentation, or mistake.
(g) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any regulation adopted pursuant to this chapter.
(h) Making or giving any false statement or information in connection with the application for issuance or renewal of a license.
(i) Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a licensee, in which event the record of the conviction shall be conclusive evidence thereof.
(j) Impersonating an applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(k) Impersonating a licensee, or permitting or allowing another unlicensed person to use a license.
(l) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a licensee.
(m) Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a licensee, in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
(n) Using excessive force upon or mistreating or abusing any patient. For purposes of this subdivision, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances.
(o) Falsifying or making grossly incorrect, grossly inconsistent, or unintelligible entries in a patient or hospital record or any other record.
(p) Changing the prescription of a physician and surgeon or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm.
(q) Failing to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law.
(r) Delegating to an unlicensed employee or person a service that requires the knowledge, skills, abilities, or judgment of a licensee or registrant.
(s) Committing any act that would be grounds for denial of a license or registration under Section 480.
(t) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the committee, thereby risking transmission of infectious diseases from licensee to patient, from patient to patient, or from patient to licensee.
(u) As a licensee, obtaining or possessing in violation of law, or prescribing, or, except as directed by a licensed physician and surgeon, dentist, optometrist, or podiatrist, administering to himself or herself, or furnishing or administering to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022.
(v) As a licensee, using to an extent or in a manner dangerous or injurious to himself or herself, to any other person, or to the public, or that impairs his or her ability to conduct with safety to the public the practice authorized by his or her license, of any of the following:
(1) A controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code.
(2) A dangerous drug or dangerous device as defined in Section 4022.
(3) Alcoholic beverages.
(w) As a licensee, being convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in paragraphs (1) and (2) of subdivision (v), or the possession of, or falsification of a record pertaining to, the substances described in paragraph (1) of subdivision (v), in which event the record of the conviction is conclusive evidence thereof.
(x) As a licensee, being committed or confined by a court of competent jurisdiction for intemperate use of any of the substances described in paragraphs (1) and (2) of subdivision (v), in which event the court order of commitment or confinement is prima facie evidence of the commitment or confinement.
(y) As a licensee, falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient record, or any other record.

Article  2. Athletic Training

2697.12.
 (a) A person shall not practice athletic training or hold himself or herself out as an athletic trainer or as being able to practice athletic training, or to render athletic training services in this state unless licensed as an athletic trainer pursuant to this chapter.
(b) A person shall not use the title “athletic trainer,” “licensed athletic trainer,” “certified athletic trainer,” “athletic trainer certified,” “a.t.,” “a.t.l.,” “l.a.t,” “c.a.t.,” “a.t.c.,” or any other variation of these terms, or any other similar terms indicating that the person is an athletic trainer unless that person is licensed pursuant to this chapter.
(c) Notwithstanding subdivisions (a) and (b), a person who practiced athletic training in California for a period of 20 consecutive years prior to July 1, 2019, and is not eligible on that date for an athletic training license may engage in the practice of athletic training and use the title “athletic trainer” without being licensed by the committee. However, on and after January 1, 2021, a person shall not engage in the practice of athletic training or use the title “athletic trainer” unless he or she is licensed by the committee pursuant to this chapter.

2697.13.
 (a) The practice of athletic training includes all of the following:
(1) Risk management and injury or illness prevention through preactivity preparticipation screening and evaluation, educational programs, physical conditioning and reconditioning programs, application of commercial products, use of protective equipment, promotion of healthy behaviors, and reduction of environmental risks.
(2) The clinical evaluation and assessment of an injury sustained or exacerbated while participating in athletic activity or a condition exacerbated while participating in athletic activity, for which the athletic trainer has had formal training during his or her professional education program or advanced postprofessional study and falls within the scope of practice of athletic training, by obtaining a history of the injury or condition, inspection and palpation of the injured part and associated structures, and performance of specific testing techniques related to stability and function to determine the extent of an injury.
(3) The immediate care of an injury sustained or exacerbated while participating in athletic activity or a condition exacerbated while participating in athletic activity, for which the athletic trainer has had formal training during his or her professional education program or advanced postprofessional study and falls within the scope of practice of athletic training, by the application of first-aid and emergency procedures, techniques techniques, and equipment for nonlife-threatening or life-threatening injuries or conditions.
(4) The rehabilitation and reconditioning from an injury sustained or exacerbated while participating in athletic activity and reconditioning from a condition, for which the athletic trainer has had formal training during his or her professional education program or advanced postprofessional study and falls within the scope of practice of athletic training, including, but not limited to, the application of physical agents and modalities, therapeutic exercise, manual therapy and massage, standard reassessment techniques and procedures, commercial products and durable medical equipment, and educational programs, in accordance with guidelines established with a healing arts licensee.
(b) The practice of athletic training does not include grade 5 spinal manipulations, the diagnosis of disease disease, or the practice of medicine.
(c) An athletic trainer shall refer a patient to an appropriate licensed health care provider when the management of the injury or condition does not fall within the practice of athletic training.
(d) An athletic trainer shall not provide, offer to provide, or represent that he or she is qualified to provide any treatment that he or she is not qualified to perform by his or her professional education or advanced postprofessional study or does not fall within the scope of practice of athletic training.
(e)  For purposes of this section, “athletic activity” means participation in activity requiring physical strength, range-of-motion, flexibility, body awareness and control, speed, stamina, or agility.

2697.14.
 (a) An athletic trainer shall render treatment within his or her scope of practice under the direction of a physician and surgeon licensed by the Medical Board of California or an osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California. This direction shall be provided by verbal or written order by the directing physician and surgeon or osteopathic physician and surgeon or by athletic training treatment plans or protocols established by the physician and surgeon or osteopathic physician and surgeon.
(b) Notwithstanding any other law, and consistent with this chapter, the committee may establish other alternative mechanisms for the adequate direction of an athletic trainer.
(c) For purposes of this section, “under the direction of a physician and surgeon” means that the physician and surgeon is available to the athletic trainer in person or via telehealth, as defined in paragraph (6) of subdivision (a) of Section 2290.5.

2697.15.
 The practice of athletic training does not include any of the following:
(a) The practice of occupational therapy, as defined in Chapter 5.6 (commencing with Section 2570).
(b) The practice of physical therapy, as defined in Chapter 5.7 (commencing with Section 2600).
(c) The practice of physician assistants, as defined in Chapter 7.7 (commencing with Section 3500).
(d) The practice of medicine, as defined in Chapter 5 (commencing with Section 2000).
(e) The practice of nursing, as defined in Chapter 6 (commencing with Section 2700).
(f) The practice of chiropractic, as defined in Chapter 2 (commencing with Section 1000).

2697.16.
 The requirements of this chapter do not apply to the following:
(a) An athletic trainer licensed, certified, or registered in another state or country who is in California temporarily, while traveling with a team or organization, to engage in the practice of athletic training for, among other things, an athletic or sporting event and only when this athletic trainer limits his or her scope of practice to the members of the team or organization or during an emergency.
(b) An athletic trainer licensed, certified, or registered in another state or country who is invited by a sponsoring organization, such as the United States Olympic Committee, to temporarily provide athletic training services under his or her state’s scope of practice for athletic training.
(c) A student enrolled in an athletic training education program, while participating in educational activities during the course of his or her educational rotations under the supervision and guidance of an athletic trainer licensed under this chapter, a physician and surgeon licensed by the Medical Board of California, an osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California, or other any licensed health care provider, when the student’s title clearly indicates student status.
(d) A member or employee of the United States Armed Forces, licensed, certified, or registered in another state as an athletic trainer, as part of his or her temporary federal deployment or employment in California for a limited time.

2697.17.
 This chapter does not limit, impair, or otherwise apply to the practice of any person licensed and regulated under any other chapter of this division.

2697.18.
 This chapter does not require new or additional third-party reimbursement for services rendered by an individual licensed under this chapter.

Article  3. Athletic Trainers’ Fund

2697.19.
 (a) The Athletic Trainers’ Fund is hereby established in the State Treasury. All fees collected pursuant to this chapter shall be paid into the fund. Moneys in the fund shall be available to the committee, upon appropriation by the Legislature, for expenditure by the committee to defray its expenses for administering this chapter.
(b) The committee shall charge the following fees:
(1) An application fee of not more than one hundred dollars ($100).
(2) An initial license fee, which shall be prorated and, and based on the biennial renewal fee.
(3) A renewal fee to be established by the committee, not to exceed the costs of providing the regulatory administration of this chapter.
(4) A delinquency fee for late payment of the license renewal fee in the following amounts:
(A) If the license is renewed not more than two years from the date of its expiration, the delinquency fee shall be 50 percent of the renewal fee in effect at the time or renewal.
(B) If the license is renewed more than two years after date of expiration of the license, the delinquency fee shall be 100 percent of the renewal fee in effect at the time of renewal.
(5) A duplicate license fee, to replace one that is lost or destroyed, or in the event of a name change, of thirty-five dollars ($35).
(6) An endorsement fee of not more fifty dollars ($50).
(7) A fee to collect fingerprints for criminal history record checks charged by the Department of Justice and the Federal Bureau of Investigation.

2697.20.
 (a) Notwithstanding any other law, including Section 11005 of the Government Code, the Director of Consumer Affairs may seek and receive funds from the California Athletic Trainers Association or any other private individual of or entity for the initial costs of implementing this chapter.
(b) Article 1 (commencing with Section 2697), Article 1.5 (commencing with Section 2697.4), and Article 2 (commencing with Section 2697.12) shall not become operative unless the director determines, on or before January 1, 2020, that sufficient funds to pay for the initial costs of this chapter have been received from the California Athletic Trainers Association, or some other source of funding, and the funds are deposited in the Athletic Trainers’ Fund, in which case Article 1 (commencing with Section 2697) and Article 1.5 (commencing with Section 2697.4) shall become operative on the first January 1 or July 1, whichever occurs first, immediately following this determination. Article 2 (commencing with Section 2697.12) shall become operative on the first January 1 or July 1, whichever occurs first, immediately following the operative date of Article 1 (commencing with Section 2697) and Article 1.5 (commencing with Section 2697.4). If the director finds that sufficient funds are not available by January 1, 2020, the director shall reexamine the funding status by June 30 of each subsequent year until either the director determines that sufficient funds have been received and deposited or until January 1, 2022, whichever occurs first.
(c) The director shall provide written notification to the Legislature and the Governor when the determination described in subdivision (b) has been made, and shall concurrently post a notice on the Department of Consumer Affairs Internet Web site that the determination has been made.
(d) A failure of the director to comply with subdivision (c) shall not affect the validity of a determination made pursuant to subdivision (b).

2697.21.
 This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.