HBA-MPM H.B. 3225 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3225
By: Capelo
Public Health
3/28/1999
Introduced

BACKGROUND AND PURPOSE 

Current law requires a licensed athletic trainer to provide care under the
advice and consent of a team physician, however, in certain rural high
school settings, a physician may not be available.  H.B. 3225 authorizes a
licensed physician or other qualified licensed health professional
authorized to refer for health care services within the scope of that
person's license to provide the required care. This bill also permits
licensed athletic trainers to treat individuals participating in an
organized sport. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1, Article 4512d, V.T.C.S. (Chapter 498, Acts of
the 62nd Legislature, Regular Session, 1971), as follows: 

Sec. 1.  New title:  DEFINITIONS; EXCEPTIONS.  (a)  Includes the definition
of "athletic injury," "athletic training," "commissioner," and "department"
for purposes of this Act. Redefines "athletic trainer" (trainer) as a
person with specific qualifications, as set forth in Section 9 of this Act,
who practices athletic training, is licensed by the Advisory Board of
Athletic Trainers (board), and may use the initials "LAT," "LATC," and "AT"
to designate the person as an athletic trainer.  Provides that the terms
"sports trainer" and "licensed athletic trainer" are the same as "athletic
trainer."  Deletes the existing definition of "athletic trainer" which
specifies that the trainer, upon the advice and consent of his team
physician carries out the practice and prevention and/or physical
rehabilitation of injuries incurred by athletes.  Further deletes text
authorizing the trainer, in order to carry out these functions, to use
certain physical modalities.  Redesignates existing Subdivision (2) to
Subdivision (4). Makes a nonsubstantive change. 

(b) Redesignated from existing Subdivision (a)(3). Makes no changes.

(c)  Redesignated from existing Subdivision (a)(4).  Includes therapeutic
optometrists and registered massage therapists, rather than masseurs or
masseuses in their particular sphere of labor, among those individuals to
whom the provisions of this Act are not applicable. Makes conforming and
nonsubstantive changes.  

(d)  Makes this Act inapplicable to a trainer who does not reside in this
state, is licensed, registered, or certified by a board-recognized
authority, and who provides training in this state for a period determined
by the board. 

SECTION 2.  Amends Section 12, Article 4512d, V.T.C.S. (Chapter 498, Acts
of the 62nd Legislature, Regular Session, 1971), to authorize the board to
refuse to issue a license to an applicant or to suspend or revoke a license
if the applicant or licensee provided services outside the scope of
practice of athletic training.  Makes nonsubstantive changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.