![]()
ATHLETIC TRAINERS LAW
(Louisiana
Revised Statutes 37:3301 through 37:3312)
(Enacted
1985)
§3301. Short title
This
Chapter shall be known and may be cited as the Louisiana Athletic Trainers Law.
§3302.
Definitions
As
used in this Chapter. the following words and phrases have the meanings hereinafter
ascuibed to them:
(1) Athletic
trainer means a person with the specific qualifications set forth in R.S.37:3306
who, under the direction and supervision of a medical physician carries out the practice
of prevention, emergency management, and physical rehabilitation of injuries incurred by
athletes at any educational institution, professional athletic organization, and any
athletes participating in athletic competition or events sponsored by these organizations
or other board sanctioned organization. In carrying out these functions, the athletic
trainer shall use whatever physical modalities are prescribed by a team physician or
consulting physician or both.
(2) Board
means the Louisiana State Board of Medical Examiners.
(3) Board
sanctioned means such associations including but not limited to the Amateur Athletic
Union, the International Olympic Committee and its affiliates, the Pan American Committee,
the National Collegiate Athletic Association, the National Association of Intercollegiate
Athletics, college and university intramural sports, and National High School Athletic
Association sports events.
(4) Department
means the Louisiana Department of Health arid Human Resources.
(5) Educational
institution means a university,
college, junior college, high school, junior high
school, or grammar school, whether public or private.
(6) Emergency
management means the immediate
care given to an injured athlete until the services of a physician can be obtained. To accomplish this care, an athletic trainer may use such methods as accepted first aid procedures established by the American Red Cross and the American Heart Association and protocol previously established by the athletic trainer and the team or consulting physicians.
(7) Medical
physician means a person licensed to
practice medicine by the board in the state.
(8) Physical
rehabilitation means the care given to athletes following injury and recovery. These
treatments and rehabilitation programs may consist of preestablished methods of physical
modality use and exercise as prescribed by a team physician, consulting physician, or
both. Physical rehabilitation also
includes working cooperatively with and under the direction of a medical physician in
respect to the following:
(a)
Reconditioning procedures.
(b)
Operation of therapeutic devices and equipment.
(c)
Fitting of braces, guards, and other protective devices.
(d)
Referrals to other physicians, auxiliary health services, and institutions.
(9) Practice of prevention shall include
but is not limited to the following:
(a)
Working cooperatively with supervisors and coaches in establishing and implementing a
program of physical conditioning for athletes.
(b)
Applying protective or injury-preventive devices such as taping, padding, bandaging,
strapping, wrapping, or bracing.
(c)
Working cooperatively with supervisors, coaches, and a team physician or consulting
physician in the selection and fitting of protective athletic equipment for each athlete
and constantly monitoring that equipment for safety.
(d)
Counseling and advising supervisors, coaches, and athletes an physical conditioning and
training such as diet, flexibility, rest, arid reconditioning.
§3303. Louisiana State
Board of Medical Examiners; powers and duties
A.
The board shall:
(1) Keep a record of its proceedings regarding the regulation and certification of athletic trainers in a book maintained for that purpose.
(2) Keep a complete roster of all certified athletic trainers and make a copy of the roster available to any person requesting it on payment of a fee established by the board as sufficient to cover the costs of the roster.
(3) Certify athletic trainers in a manner consistent with the provisions of this Chapter.
(4) Adopt rules and regulations necessary for the
performance of its duties.
(5) Prescribe application forms for certification.
(6) Establish
guidelines for athletic trainers in the state.
B. The
board shall conduct a certification examination at least
once every year at a time and place fixed by the board.
C. The board shall require
continuing education units to
maintain
certification.
D. The board shall collect the
following fees:
(1)
Examination fee
$75.00
(2)
Athletic trainers certificate
$35.00
(3)
Renewal fee
$25.00
(4) Issuance of duplicate certificate $ 5.00
E. The fees collected under the provisions of this Chapter
shall be credited to the Louisiana State Board of Medical
Examiners.
§3304.
Exemptions from civil liability
No member of the board shall be liable in any civil action for any act performed in good faith in the execution of his duties under this Chapter.
§3305.
Prohibited activities
On
and after September 30th, 1985, no person shall hold himself out as an athletic
trainer or perform, for compensation or any other means of remuneration, any of the
activities of an athletic trainer as defined in this Chapter without first obtaining a
certificate under this Chapter; however, nothing in this Chapter shall be construed to
prevent any person from serving as a student-trainer, assistant trainer, teacher-trainer,
or any similar position. Nothing in this Chapter shall require the certification of
athletic trainers at nonpublic schools. Nothing in this Chapter should be construed to
prevent an assigned athletic coach from administering and supervising his normal sports
activities.
§3306.
Qualification
A. A person who applies for an athletic trainer
certificate must possess at least one of the following qualifications:
(1)
The applicant shall have met the athletic training curriculum requirements of a college or
university approved by the board and provide proof of graduation.
(2)
The applicant shall hold a degree in physical therapy
from
a school approved by the board and shall have
completed a basic athletic framing course, a first aid course as approved by the American Red Cross, a cardiopulmonary resuscitation course as approved by the American Heart Association or American Red Cross, and a nutrition course, and the applicant shall have spent two years in association with an athletic team, show proficiency in acute athletic care, and have letters of recommendation from a physician and a licensed athletic trainer.
(3)
The applicant shall have completed, beyond the
secondary school
level, either as an undergraduate or
graduate student, at least four years as an
apprentice athletic trainer at a college or university under the direct supervision of an
athletic trainer approved by the board. Three of the four years shall be consecutive years
under such supervision, military duty excepted. An applicant for certification under this
provision shall provide proof of graduation from an accredited college or university and
of successful completion of courses in athletic training, first aid, cardiopulmonary
resuscitation, and nutrition.
B. The board may certify as an athletic trainer in this state after a written examination given by the board a person who has been so certified or licensed in another state of the United States
and
who meets all requirements of this Chapter.
§3307.
Requirements for certification
certificate
shall apply to the board on forms prescribed by the board and shall pay the examination
fee required by
R.S.37:.3303(D).
B. The applicant shall be entitled to
an athletic trainers certificate if he possesses the qualifications enumerated in
R.S.373306, successfully completes the examination adrmnistered by the board to the satisfaction of the board, pays
the certificate fee required by R.S.37:3303(D), and has not committed an act which constitutes
grounds for denial of a certificate under
R.S.37:3308.
C. A certificate issued under this
Chapter shall expire on June
30th
of each year. Each certificate shall be
renewed on or before June 30th of each year in accordance with the procedure established
by the board and upon payment of the renewal fee.
§3308.
Certification; denial, revocation, or suspension
A. The board may refuse to issue a
certificate to an applicant or may suspend or revoke the certificate of any person if he
has
committed
any of the following acts:
(1) Violated standards of practice established and
promulgated
by the board.
(2)
Secured the certificate by fraud or deceit
(3) Violated or conspired to violate the provisions of
this
Chapter
or rules promulgated pursuant to this Chapter.
B. Upon application and the payment
of the reinstatement fee, the board may reinstate and reissue a certificate to a person
whose
certificate has been revoked; however, the application may not be made prior to the
expiration of twelve months after the order of revocation becomes final. The application
shall be made in the manner and form prescribed by the board.
C. A
suspension of a certificate shall be for a specified period of not less than one year.
§3309.
Hearing
A. Any person whose application for a
certificate or for renewal of a certificate is denied shall be entitled to a hearing in
accordance with procedures established by the Administrative Procedure Act.
B. The board may suspend or revoke a
certificate for any cause stated in R.S.37:3308, but only after notice and opportunity for
a hearing are provided to the certificate holder. Proceedings for such revocation or
suspension of a certificate shall be commenced by filing charges against the certificate
holder in writing and under oath with the board.
§3310.
Acquisition of certificate by present athletic trainer
A. Notwithstanding any provision of
this Chapter to the contrary, any person actively engaged as an athletic trainer as
defined by R.S.37:3302 in the state on the effective date of this Chapter shall be issued
certification without examination if he submits to the board an application, a certificate
from the National Athletic Trainers Association with membership number and distinct
certification numbers, is approved by the board, and pays the certificate fee required by
R.S.37:3303(D).
B. Any person who has been actively
engaged as an athletic trainer for a period of three years prior to the effective date of
this Chapter and is recommended by his team physician and two certified Louisiana athletic
trainers shall be issued a certificate if he submits an application, is approved by the
board, and pays the certificate fee required by R.S.37:3303(D).
C. Any person who has been actively
engaged as an athletic trainer for three years but does not meet the education
requirements, but who submits an application, is approved by the board, takes the
certification test, passes, and pays the certificate fee required by R.S.37:3303(D) shall
be issued a certificate.
D. For the purposes of this Section,
a person is actively engaged as an athletic trainer if he is employed by an educational
institution, professional athletic organization, or other board sanctioned athletic
organization for the duration of the institutions school year or the length of the
athletic organizations season and performs the duties of the athletic trainer as the major
responsibility of his employment and that being his primary employment.
E. After a period of one year from
the effective date of this Chapter, no person shall be certified under the provisions of
this Section.
§3311.
Limitation
A. No provision of this Chapter shall
be construed to limit or prevent any person duly licensed or certified under the laws of
this state from practicing the profession for which he is licensed or certified.
B. The provisions of this Chapter
shall not apply to any athletic trainer who is employed in another state by an educational
institution or athletic organization when he accompanies the athletes or team of such
institution or organization into this state for the purpose of an athletic contest.
§3312.
Penalty
Any
person who violates any provision of this Chapter
shall
be guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five
dollars, nor more than five hundred dollars, or be imprisoned in parish jail for not more
than six months, or both.
To
contact the Louisiana State Board of Medical Examiners for licensing information, write
to:
Louisiana State Board of Medical Examiners
P.O. Box 30250
New Orleans, LA 70190-0250
Or visit their web site at www.lsbme.org