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AB-3110 Athletic trainers.(2017-2018)

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Date Published: 06/20/2018 09:00 PM
AB3110:v94#DOCUMENT

Amended  IN  Senate  June 20, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  May 09, 2018
Amended  IN  Assembly  May 01, 2018
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 Sections 101 and 144 of, to add Chapter 5.8 (commencing with Section 2697) to Division 2 of, and to repeal Section 2697.2 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.
This bill would enact the Athletic Training Practice Act, which would establish the Athletic Trainer Board, until January 1, 2025, within the Department of Consumer Affairs to exercise licensing, regulatory, and disciplinary functions under the act. On or after January 1, 2021, the bill would prohibit a person from practicing as an athletic trainer or using certain titles or terms without being registered with the board, except as specified. board. The bill would define the practice of athletic training, and would specify requirements for registration as an athletic trainer, including graduating from a professional degree program in athletic training, and would require a registrant to render athletic training services only pursuant to orders from and under the supervision of a physician and surgeon or osteopathic physician and surgeon. The bill would provide that a registration to practice as an athletic trainer would be valid for 2 years and subject to renewal, would authorize the board to deny deny, suspend, or revoke a registration for specified reasons, and would establish procedures for the referral of complaints. The bill would specify acts that constitute unprofessional conduct and would make it a misdemeanor for any person to violate the act.
The bill would establish the Athletic Trainers’ Fund for the deposit of application and renewal fees, as specified, and would make those fees available to the board 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 or to obtain loans from existing state funds, as specified, for purposes of obtaining funds for the startup costs of implementing the act. By creating a new crime, and expanding the crime of perjury, this bill would impose a state-mandated local program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 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 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 Board.
(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 Cannabis Control.
(ao) The Athletic Training Board.
(ap) Any other boards, offices, or officers subject to its jurisdiction by law.

SEC. 3.

 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 Training Board.
(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.

SEC. 4.

 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. General Provisions

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) “Athlete” means a person who participates in an athletic activity.
(b) “Athletic activity” means an activity participation in exercise, sport, game, recreation, wellness, fitness, performing arts, or employment activities involving an athlete that requires physical strength, range of motion, flexibility, body awareness and control, speed, stamina, or agility that is related to the following: agility.

(1)An activity or event conducted by any of the following:

(A)An intercollegiate athletic association or interscholastic athletic association.

(B)A professional athletic organization.

(C)An amateur athletic organization.

(2)A professional or recreational activity that meets all of the following:

(A)Has officially designated coaches or trainers.

(B)Conducts regularly scheduled practices or workouts that are supervised by coaches or trainers.

(C)Has established schedules for performances, competitive events, or exhibitions.

(3)An activity or event defined by the board as “athletic” for purposes of registration under this chapter and as necessary to protect the public.

(c) “Athletic trainer” means a person who practices athletic training and who meets the requirements of subdivision (b) of Section 2697.5.
(d) “Athletic training” includes all of the following:
(1) Risk management and injury or illness prevention through 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 practice standards 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 practice standards of athletic training, by the application of first aid, and emergency procedures, 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 practice standards 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 under the supervision of a physician and surgeon as described in subdivision (c) of Section 2697.5.
(5) The practice of athletic training does not include grade 5 spinal manipulations, the diagnosis of disease, or the practice of medicine.
(e) “Board” means the Athletic Training Board.
(f) “Director” means the Director of Consumer Affairs.
(g) “Registrant” means a person who practices athletic training and is registered pursuant to this chapter.

Article  2. Administration

2697.2.
 (a) There is established the Athletic Training Board within the Department of Consumer Affairs.
(b) The board is comprised of seven members as follows:
(1) Two Three athletic trainers certified pursuant to Section 2697.5.
(2) Four Three public members who are not licensed pursuant to this division.
(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.
(c) Subject to confirmation by the Senate, the Governor shall appoint the athletic trainers, two of the public members, and the physician and surgeon or osteopathic physician and surgeon. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(d) 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.
(e) Each member of the board shall receive per diem and expenses as provided in Section 103.
(f) Subject to Sections 107 and 154, the board may employ an executive officer and other employees as necessary to administer this chapter.
(g) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

2697.3.
 Notwithstanding any other law, the repeal of Section 2697.2 renders the board or its successor entity subject to review by the appropriate policy committees of the Legislature.

2697.4.
 (a) (1) The board shall adopt, repeal, and amend regulations as may be necessary to administer and enforce this chapter.
(2) Before adopting regulations, the board 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 board shall verify, to the extent practicable, the information provided, certified, or attested to in an application before a registration is issued.
(c) (1) The board shall maintain a publicly accessible registry of all registrants that contains the information specified under subdivision (f) of Section 2697.6.
(2) In maintaining the publicly accessible registry, the board shall comply with the Department of Consumer Affairs’ guidelines for access to public records.
(d) The board shall give protection of the public the highest priority in administering this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Article  3. Registration and Protected Titles

2697.5.
 (a) A Subject to subdivision (c), 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 registered with the board pursuant to this chapter.
(b) A person shall not use the title “athletic trainer,” “licensed athletic trainer,” “certified athletic trainer,” “registered athletic trainer,” “athletic trainer certified,” “a.t.,” “l.a.t,” “c.a.t.,” “r.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 all of the following apply:
(1) The person is registered pursuant to this chapter.
(2) The board has received official verification of the registrant’s certification issued by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved and recognized by the board.
(3) The registrant maintains the certification issued by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved and recognized by the board.
(c) (1) A registrant who meets the requirements of subdivision (b) (a) shall only render athletic training services pursuant to a verbal or written order by, and under the supervision of, 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.
(2) For purposes of this section, “supervision” means services are only provided pursuant to either under a verbal order by a physician and surgeon who is present when the services are provided or, if the physician is not present, under a written order, telecommunication, or an athletic training treatment plan or protocol that meets all the following:
(A) The plan or protocol specifies the athletic training services, settings, and referral requirements specific to the athletic trainer’s individual training and competence.
(B) The plan or protocol is established with and approved by the supervising physician and surgeon or osteopathic physician and surgeon.
(C) The plan or protocol accounts for the supervising physician and surgeon’s availability to the athletic trainer as determined by the supervising physician and surgeon.
(d) A registrant shall refer an athlete to an appropriate licensed health care provider when the management of the injury or condition does not fall within the competence of the registrant.
(e) A registrant 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, advanced postprofessional study, license, or individual training and competence.

(f)A person who does not meet the requirements of subdivision (b) may use the titles “manager,” “coach,” “assistant,” “associate,” “volunteer,” or any other title that does not imply the person is an athletic trainer who meets the requirements of subdivision (b).

(g)

(f) A person who is currently using one of the titles listed under subdivision (b) and is covered under a collective bargaining agreement is not subject to the requirements of subdivision (b) until the parties to that bargaining agreement renew that agreement. At that time, a person shall not use the titles listed in subdivision (b) if the individual does not meet the requirements of this section. Those individuals may choose a different title to describe their positions under the new collective bargaining agreement.

(h)

(g) This section shall become operative on January 1, 2021.

2697.6.
 Except as otherwise provided in this chapter, the board shall issue an athletic training registration to an applicant who meets all of the following requirements at the time of application:
(a) The applicant is over 18 years of age.
(b) The applicant certifies that the applicant 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.
(c) The applicant submits an application developed by the board that includes, but is not limited to, the following:
(1) The name or names of the applicant.
(2) The applicant’s contact information, including the applicant’s phone number, email address, and mailing address. An applicant may provide an alternate address of record for purposes of the public registry. An alternate address of record is anywhere a registrant may receive service of process, including a current work address or a valid post office box. Nothing in this paragraph prohibits the board from requiring a home address in addition to an alternate address of record for purposes of board communications.
(3) The applicant’s current employer and the employer’s contact information. If the applicant is not employed, the applicant shall list any organization or setting where the applicant practices athletic training on a contractual, ongoing, or regular basis, as specified by the board.
(4) The applicant’s completed postsecondary education, degree-granting institutions, and graduation dates, if applicable.
(5) Whether the applicant is certified by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved and recognized by the board.
(6) Any of the applicant’s other licenses, credentials, or information relevant to the applicant’s qualifications in athletic training.
(d) The applicant completes a criminal background history check.
(e) The applicant pays the application fee established by the board.

(f)The applicant authorizes the publication of all of the following information for purposes of the publicly accessible registry:

(1)The applicant’s name or names.

(2)The applicant’s address of record. If the applicant provides an alternate address of record pursuant to paragraph (2) of subdivision (c), the applicant may instead authorize the publication of the applicant’s alternate address of record.

(3)The applicant’s current employer. If the applicant is not employed, the authorization shall apply to the organizations or setting provided pursuant to paragraph (3) of subdivision (c).

(4)Whether the applicant is certified by the Board of Certification, Inc., its predecessors or successors, or another nationally accredited athletic trainer certification agency approved by the board.

(5)The applicant’s completed postsecondary education, degree-granting institutions, and graduation dates, if applicable.

2697.7.
 A registration issued by the board pursuant to Section 2697.5 is valid for two years and thereafter is subject to the renewal requirements described in Section 2697.8.

2697.8.
 The board shall renew a registration if an applicant meets both of the following requirements:
(a) Pays the renewal fee established by the board.
(b) Submits the following:
(1) Verification of place of employment.
(2) Verification of certificate and other credentials.
(3) Verification of address of record.
(4) Attestation that the registrant has not been disciplined or convicted of a crime that would be grounds for revocation.

2697.9.
 (a) The board may deny deny, suspend, or revoke a registration for any of the following: following reasons:
(1) The applicant or registrant fails to provide the information required pursuant to Section 2697.8.
(2) The applicant or registrant has had an athletic training or other healing arts license, certification, or registration revoked or suspended by an accredited organization, state agency, or territory.
(3) The applicant or registrant has been convicted of a crime that is substantially related to the functions or duties of an athletic trainer.
(4) The applicant or registrant has been a defendant in a civil action that is substantially related to the functions or duties of an athletic trainer and in which a judgement has been rendered against the applicant or registrant.
(b) If the board suspends a registration based on suspension or other disciplinary action by another board or certifying entity, the suspension shall not exceed the length of the suspension as determined by the other board or certifying entity.

2697.10.
 (a) The board shall refer complaints as follows:
(1) Unlicensed practice to the appropriate licensing board and law enforcement agencies.
(2) Incompetent practice and unprofessional conduct to the following, as applicable:
(A) The registrant’s employer of record.
(B) The Board of Certification, Inc.
(C) The appropriate licensing board.
(b) The board shall include with a complaint referred pursuant to this section a statement disclosing the unverified nature of the complaint.
(c) The board shall not make available to the public complaints that have not resulted in a final disciplinary action or criminal conviction.
(d) (1) The board shall track and report data relating to complaints, registrants, instances of consumer harm, recommendations for improving athlete and consumer safety, and any other information the board finds necessary, to the appropriate policy committees of the Legislature by July 1, 2023. The information shall be aggregated in a manner that does not disclose unverified or criminal or disciplinary actions that did not result in a criminal conviction or formal discipline, or other personal or identifying information.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2027, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

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 person licensed, certified, or registered 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 registration.
(i) Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a registrant, 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, certificate, or registration.
(k) Impersonating a person who is licensed, certified, or registered or permitting or allowing another unlicensed person to use a license, certificate, or registration.
(l) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a registrant.
(m) Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a registrant, 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 athlete. 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 an athlete 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 athlete harm.
(q) Failing to maintain confidentiality of athlete 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 certified athletic trainer who meets the requirements of subdivision (b) of Section 2697.5.
(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 athletes by failing to follow infection control guidelines of the board, thereby risking transmission of infectious diseases from registrant to athlete, from athlete to athlete, or from athlete to registrant.
(u) As a registrant, 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 registrant, 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 registrant, 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 registrant, 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 registrant, falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any athlete record, or any other record.

Article  4. Penalties and Exemptions

2697.14.
 Any person who violates this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both.

2697.15.
 Whenever any person has engaged in any act or practice which constitutes an offense against this chapter, the superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under the provisions of this section.

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 who meets the requirements of subdivision (b) of Section 2697.5, 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 any other 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 registered under this chapter.

Article  5. Revenue

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 board, upon appropriation by the Legislature, for expenditure by the committee to defray its expenses for administering this chapter.
(b) The board shall charge the following fees:
(1) An application fee of not more than the reasonable cost of processing the application.
(2) An initial registration fee, which shall be prorated and based on the biennial renewal fee.
(3) A renewal fee to be established by the board, not to exceed the costs of providing the regulatory administration of this chapter.
(4) A delinquency fee for late payment of the registration renewal fee in the following amounts:
(A) If the registration 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 registration is renewed more than two years after date of expiration of the registration, the delinquency fee shall be 100 percent of the renewal fee in effect at the time of renewal.
(5) A duplicate registration fee, to replace one that is lost or destroyed, or in the event of a name change, not to exceed the reasonable cost of issuing the duplicate registration.
(6) An endorsement fee not to exceed the reasonable cost of issuing the endorsement.
(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.
 Notwithstanding any other law, including Section 11005 of the Government Code, but subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) 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 or entity for the initial costs of implementing this chapter. If private funds are unavailable to cover the startup costs of implementing this act, a general fund or special fund loan may be used and shall be repaid with fee revenue.

SEC. 5.

 The Legislature finds and declares that Section 4 of this act, which adds Sections 2697.4 and 2697.10 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Athletic Training Board to fully accomplish its goals, it is imperative to protect the interests of those persons whose information is submitted to the board to ensure that any personal information that this act requires to be submitted is protected as confidential information.

SEC. 6.

 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.