CHAPTER 97

FORMERLY

SENATE BILL NO, 290

AN ACT TO AMEND CHAPTER 26, TITLE 24, DELAWARE CODE RELATING TO ATHLETIC TRAINERS AND PHYSICAL THERAPY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 2602, Chapter 26, Title 24, Delaware Code, by renumbering existing subsection (4) to be subsection (11).

Section 2. Amend Section 2602, Chapter 26, Title 24, Delaware Code, by adding thereto new subsections (4), (5), (6), (7), (8), (9), and (10) as follows:

"(4) 'Athletic Training' means and Includes: (1) prevention of athletic injuries, (2) recognition and evaluation of athletic Injuries, (3) management, treatment, and disposition of athletic injuries, (4) rehabilitation of athletic injuries, (5) organization and administration of athletic training programs, and (6) education and counseling of athletes regarding a program(s) of athletic training. Athletic Training shall also Include prevention, conditioning. and reconditioning of non-athletic injuries as defined by law and in regulation by the Board.

(5) 'Athletic Trainer' shall mean a person licensed by the State Board of Physical Therapy Examiners as an athletic trainer after meeting the requirements of this act and rules and regulations promulgated pursuant thereto. The athletic trainer functioning in the non-clinical setting may evaluate, treat, and provide appropriate first aid to Injuries Incurred by the athlete during participation in or training for scholastic, professional, or sanctioned amateur athletic activities. All treatments for injuries to athletes require a physician's referral, except for minor sprains, strains, and contusions, first aid excluded Evaluation and/or treatment by the athletic trainer to supportive staff, spectators, and other persons other than the athlete shall be limited to first aid. An athletic trainer functioning in a clinical setting may use therapeutic exercises and modalities such as heat, cold, light, air, massage, water, sound, and electricity, for the treatment of musculoskeletal injuries. The athletic trainer may also provide first aid In the clinical setting. All treatment by the athletic trainer in a clinical setting must be performed while under the direct, on-site supervision of a physical therapist. The athletic trainer in a clinical setting may not Independently initiate, modify, or discharge a patient's program.

(6) 'Athlete' is an individual who is participating in, or training for scholastic, professional, or sanctioned amateur athletics.

(7) 'Clinical Setting' shall mean a hospital, outpatient facility, or clinic
where a physical therapist is on site, or any other facility as approved by the Board.

(8) 'Non-Clinical Setting' shall mean a. location where school, professional, or sanctioned amateur athletic activities are being held.

(9) 'Visiting Athletic Trainer' Is an individual certified by the National Athletic Trainers Association who resides and works with a visiting team, in an athletic training capacity, located outside of the State of Delaware. A visiting athletic trainer may only work-in a non-clinical setting or educational environment.

(10) 'First Aid' is emergency care and treatment of an Injured person before definitive medical and surgical management can be secured."

Section 3. Amend Section 2603(a), Chapter 26, Title 24, Delaware Code, by striking it In Its entirety and substituting therein the following:

"(a) There is hereby created the State Examining Board of Physical Therapists.

The Board shall consist of nine members all of whom shall be residents of Delaware. Four members shall be physical therapists licensed to practice in Delaware, provided they have worked at least three years in Delaware as physical therapists immediately preceding their appointment One member shall be a physical therapy assistant, licensed to practice in Delaware. One member shall be an a:r 7.1c trainer licensed to practice in Delaware who has worked at least three years in Delaware as an athletic trainer immediately preceding his appointment. Three members shall be from the, public who are not physical therapists, physical therapy assistants, or athletic trainers and who shall not be related to any person actively engaged in said profession in the State, nor shall said members have any interest in a business or institution engaged in physical therapy or athletic training."

Section 4. Amend Section 2603(1)), Chapter 26, Title 24, Delaware Code, by striking said subsection in its entirety and substituting therein the following:

The Governor shall appoint the members to serve on the Board. In appointing persons to F111 vacancies in the nine Board positions designated to be held by persons licensed under this Chapter, the Governor may select members who reside in different regions in the State in an effort to provide statewide representation of physical therapists, physical therapist assistants, and athletic trainers."

Section 5. Amend Section 2603(c), Chapter 26, Title 24, Delaware Code, by striking said subsection in its entirety and substituting therein the following:

"Members of the initial Board shall be appointed in such a manner that the terms of four members expire on June 30, 1991 and the terms of the remaining five members shall expire on June 30, 1992. Thereafter, appointments shall be made for terms of three years. A member appointed to fill a vacancy occurring otherwise than by expiration of a term shall be appointed for the remainder of the unexpired term, except that each member shall serve until his successor is duly appointed and qualified."

Section 6. Amend Section 2605(a), Chapter 26, Title 24, Delaware Code, by deleting it in its entirety and by substituting therein the following:

"(a) No person shall practice nor hold himself out as being able to practice physical therapy or athletic training in this State or act as a physical therapist, physical therapist assistant, or athletic trainer in any manner whatsoever whether or not compensation is received or expected unless he is licensed or registered in accordance with this Chapter and such license or registration is in good standing or has not been suspended or revoked."

Section 7. Amend Section 2605(c), Chapter 26, Title 24, Delaware Code, by deleting it in Its entirety and by substituting therein the following:

"(c) This Chapter shall not prohibit students, whether or not licensed in Delaware, who are enrolled in either schools or post-graduate courses of physical therapy or athletic training recognized by the Board from performing such work or acts of physical therapy or athletic training as is Incidental to their respective course of study while under the direct supervision of a licensed physical therapist or licensed athletic trainer in their respective training mode.'

Section 8. Amend Section 2605(d), Chapter 26, Title 24, Delaware Code, by Inserting the words "vr athletic training" between the words "physical therapy" and the words "in this State".

Section 9. Amend Section 2605(e), Chapter 26, Title 24, Delaware Code, by striking it In Its entirety and substituting therein the following:

"(e) This act shall not prohibit visiting athletic trainers from performing athletic training in the State of Delaware in a non-clinical setting during the designated times of an event; however, while in the State of Delaware, all visiting athletic trainers must abide by Delaware laws, rules, and regulations relating to athletic training."

Section 10. Amend Section 2605, Chapter 26, Title 24, Delaware Code, by adding a new subsection (f) to read as follows:

"(f) This act shall not limit or restrict those who are engaged in certain occupations or jobs which may or may not require a license or registration such as, but not limited to, physical education teachers, coaches, health or recreation directors and Instructors at health clubs or Spas, water safety Instructors, and masseurs. The duties which may be properly undertaken in such occupation or job include the non-therapeutic administration of baths, massage, normal conditioning, and the like to normal subjects, that Is those persons who have no specific pathology, first aid subjects are excluded."

Section 11. Amend Section 2606, Chapter 26, Title 24, Delaware Code, by striking It in its entirety and substituting therein the following.

To be eligible for licensure as a physical therapist, physical therapist assistant, or athletic trainer, an applicant shall submit to the Board satisfactory evidence of:

(1) Suitability to practice;

(2) Graduation from a school offering a program offering physical therapy, physical therapist assistant, or athletic training, which program as offered by such school has been approved for the education preparation of physical therapists, physical therapist assistants, or athletic trainers by the appropriate accrediting agency recognized by the Council on Post Secondary Accreditation or the United States Commission of Education, at the time of graduation; and

(3) Passes to the satisfaction of the Board a national examination administered or designated by the Board to determine the applicant's fitness to practice physical therapy or act as a physical therapist assistant or as an athletic trainer as herein provided;

(4) Meets additional educational requirements set forth in rules and regulations. A physical therapist applicant whose application Is based on a diploma issued to him by a foreign physical therapy school shall furnish evidence satisfactory to the Board of the completion of a physical therapy school or schools resident course of professional instruction equivalent to that required in subsection (a) of this section. Before a license may be issued, each foreign applicant must meet the requirements of paragraph (1) of this subsection and pass a written examination as provided under §2608 of this title."

Section 12. Amend Section 2607(b), Chapter 26, Title 24, Delaware Code by inserting the words or athletic training" after the words "physical therapy".

Section 13. Amend Section 2608, Chapter 26, Title 24, Delaware Code, by renumbering existing subsection (b) as subsection (c) and by adding a new subsection (b) to read as follows:

"(b) The Board shall designate a national examination to applicants for licensure as an athletic trainer who comply with Sections 2605 and 2606.

Each athletic training examination shall include both a written and a practical examination which shall test the applicant's knowledge of basic clinical sciences as they relate to athletic training and, athletic training theory, practice and other subjects the Board may deem useful to test the applicant's fitness to practice athletic training."

Section 14. Amend Section 2609, Chapter 26, Title 24, Delaware Code, by inserting the words or athletic trainer applicant" after the words "physical therapist assistant applicant" as they appear therein.

Section 15. Amend Section 2610, Chapter 26, Title 24, Delaware Code, by deleting it in Its entirety and by substituting therein the following:

"§2610. Licensure without examination; reciprocity; application fee; limitations.

Upon payment to the Board of a fee and on submission of a written application on forms provided by the Board, the Board shall issue a license to a physical therapist, physical therapist assistant, or athletic trainer without examination, who is licensed or registered as same by another state of the United States, its possessions or the District of Columbia, if the requirements for licensure or registration in such other state, possession or district at the time of licensure or registration by such state are equal to the requirements set forth in this act."

Section 16. Amend Section 2611(a), Chapter 26, Title 24, Delaware Code, by inserting the words or athletic trainers" after the words "physical therapist assistant" and by deleting the word "or" before the words "physical therapist assistant".

Section 17. Amend Section 2612, Chapter 26, Title 24, Delaware Code, by designating the existing provision as subsection (a) and adding a subsection (b) as follows:

"(b) Any person lice3sed under this act as an athletic trainer working in a clinical setting, shall not treat any persons by athletic training or otherwise, except after an evaluation by the supervising physical therapist, and while the athletic trainer Is under the direct, on-site supervision of a licensed physical therapist, first aid excluded. Any person licensed under this act as an athletic trainer working in a non-clinical setting will require a physician's referral for treatment and/or rehabilitation of injuries other than treatment of minor sprains, strains and contusions - first aid excluded. An athletic trainer shall refer an individual to another health practitioner if symptoms are present for which athletic training is contra-indicated or which are indicative of conditions for which treatment is outside the scope of his knowledge. Physicians will also Include dentists, podiatrists, chiropractors, and osteopaths."

Section 18. Amend Section 2613, Chapter 26, Title 24, Delaware Code, by striking it in Its entirety and by substituting therein the following:

12613. False representation of professional title.

It shall be unlawful for any person, or for any business entity, Its employees, agents or representatives to use In connection with Its name or business activity the words "physical therapy", "physical therapist", "physiotherapy", "physiotherapist", "physio-hydrotherapist", "registered physical therapist", "licensed physical therapist", "physical therapist assistant", "athletic training", "athletic trainer", "trainer", "certified athletic trainer", "licensed athletic trainer", the letters "PT", "LPT", "RPT", "PTA", "AT", "ATC", "LAT", or any words, letters, abbreviations, or insignia indicating or Implying directly or indirectly that physical therapy services or athletic training services or to bill for physical therapy or athletic training unless such services are provided by a physical therapist or athletic trainer licensed and practicing with this Chapter."

Section 19. Amend Section 2614, Chapter 26, Title 24, Delaware Code, by designating the existing provision as §2614(a) and by adding a new subsection (b) thereto to read as follows:

"(b) Any person who holds a license pursuant to this act as an athletic trainer may use the words "athletic trainer", "trainer", "certified athletic trainer", or "licensed athletic trainer" and may use the letters "LAT", "ATC", or AT in connection with his name to denote his/her licensure hereunder."

Section 20. Amend Section 2615, Chapter 26, Title 24, Delaware Code, by inserting the words "athletic trainers", after the words "physical therapist assistants".

Section 21. Amend Section 2616(a)(1), Chapter 26, Title 24, Delaware Code, by inserting the words or athletic trainer" after the words "physical therapist assistant" as they appear therein.

Section 22. Amend Section 2616(a)(3), Chapter 26, Title 24, Delaware Code, by inserting the words "athletic trainer" after the words "physical therapist assistant" as they appear therein.

Section 23. Amend Section 2616(a)(6), Chapter 26, Title 24, Delaware Code, by inserting the words "or athletic trainer" after the words "physical therapist assistant" as they appear therein.

Section 24. Amend Section 2616(a)(7), Chapter 26, Title 24, Delaware Code, by inserting the words "or athletic training practice" after the words "physical therapy practice" as they appear therein.

Section 25. Amend Section 2616(a)(8), Chapter 26, Title 24, Delaware Code, by inserting the words or athletic trainers" after the words "physical therapist" as they appear therein.

Approved July 11, 1989.