HBA-MPM S.B. 1233 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1233
By: Nelson
Public Health
4/26/1999
Engrossed



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. Therefore, providing
treatment to those athletes does not conform to current statutory
requirements. S.B. 1233 permits a licensed physician or qualified licensed
health professional who is authorized to refer for health care services,
within the scope of the person's license to provide the required direction,
and would permit licensed athletic trainers to treat persons who
participate in an organized sport, recreational sport, or sports-related
activity.  

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.  Adds to a list of
definitions provided for the purpose this Act the following terms:
"athletic injury," "athletic training," "commissioner," and "department."
Modifies the definition of "athletic trainer."  Includes therapeutic
optometrists who confine their practice strictly to therapeutic optometry
and registered massage therapists, rather than masseurs or masseuses, among
those persons to whom the provisions of this Act are inapplicable.  Makes
this Act inapplicable to an athletic trainer who does not live in this
state, who is licensed, registered, or certified by an authority recognized
by the Advisory Board of Athletic Trainers (board), and who provides
athletic training in this state for a period determined by the board.
Redesignates Subdivision (a)(2) to Subdivision (a)(4), and Subdivisions
(a)(3) and (a)(4) to Subsections (b) and (c), respectively.  Makes
nonsubstantive changes.   

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
of any licensee if that person has provided services outside the scope of
practice of athletic training, among other acts subject to suspension or
revocation of a license. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.