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.