CHAPTER 125

FORMERLY

SENATE BILL NO. 132

AN ACT TO AMEND CHAPTER 26 OF TITLE 24 OF THE DELAWARE CODE RELATING TO PHYSICAL THERAPY AND ATHLETIC TRAINING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend subsection (3), §2604, Title 24 of the Delaware Code by striking the words "a written" immediately following the word "prepare" and before the word "examination" and by substituting the word "an" in lieu thereof.

Section 2. Amend subsection (4), §2604, Title 24 of the Delaware Code by striking the phrase ", proctoring and grading" immediately following the word "applicants".

Section 3. Amend subsection (4), §2606, Title 24 of the Delaware Code by striking the words "discipline; and" and by substituting the following in lieu thereof:

"discipline. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure; and".

Section 4. Amend subsection (b), §2607, Title 24 of the Delaware Code by striking the second sentence of said subsection in its entirety, beginning with the words "Any person" and ending with "inactive register" and by substituting the following sentence in lieu thereof:

"Any person, who has been registered in this State, who is not actively engaged in the practice of physical therapy or athletic training in this State, may, upon request, be placed on the inactive register.".

Section 5. Amend subsection (b), §2608, Title 24 of the Delaware Code by striking the phrase "shall include both a written and a practical examination which" as it appears in the second sentence of said subsection.

Section 6. Amend subsection (c), §2608, Title 24 of the Delaware Code by striking said subsection (c) in its entirety.

Section 7. Amend subsection (a), §2611, Title 24 of the Delaware Code by striking said subsection (a) in its entirety and by substituting the following in lieu thereof:

"(a) Upon submission of a written application on forms provided by the Board, the Board may issue a temporary license or a temporary certificate of registration to a person, who has applied for licensure or registration under §§2605 and 2606 of this title and who, in the judgment of the Board, is eligible to take the examination provided for in §2608 of this title. In the case of physical therapists, physical therapist assistants, or athletic trainers, such temporary licensure or registration may be available to an applicant only with respect to the applicant's first application for licensure. In the case of physical therapists and physical therapist assistants, the applicant may use the temporary licensure or registration only while under the direct supervision of a licensed physical therapist. In a clinical setting, the athletic trainer applicant may use the temporary licensure or registration only while under the direct supervision of a licensed physical therapist. In a nonclinical setting, the athletic trainer applicant may use the temporary licensure or registration only while under the direct supervision of a licensed athletic trainer. Such temporary license or registration shall expire automatically upon the failure of a licensure or registration examination and upon such expiration, the temporary license or registration shall be surrendered to the Board and may not be renewed. In all other cases, a temporary license may be renewed only once.".

Section 8. Amend subsection (b), §2611, Title 24 of the Delaware Code by striking the last two sentences of said subsection beginning with the words "Such temporary license" and ending with "to the Board." and by substituting the following in lieu thereof:

"Such temporary license shall expire at a time determined by the Board; however, such temporary license shall not be issued for a period of more than one year.".

Section 9. Amend subsection (a), §2612, Title 24 of the Delaware Code by striking the words "a licensed dentist, podiatrist, or chiropractor" after the word "with" and before the word "for" in the last sentence of said subsection and by substituting the phrase "any licensed health practitioner, who has been granted prescriptive authority" in lieu thereof.

Section 10. Amend subsection (b), §2612, Title 24 of the Delaware Code by striking said subsection (b) in its entirety, and by substituting the following in lieu thereof:

"(b) Any person licensed under this chapter as an athletic trainer working in a clinical setting shall not treat any person(s) 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 chapter as an athletic trainer working in a nonclinical setting will require a referral for treatment an/or rehabilitation of injuries other than treatment of minor sprains, strains and contusions, first aid excluded. Treatment by an athletic trainer working in a nonclinical setting may occur based on a referral from, or in consultation with, any licensed health practitioner, who has been granted prescriptive authority for a condition within the scope of their respective practices. An athletic trainer shall refer an individual to another licensed 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 the athletic trainer's knowledge.".

Section 11. Amend subsection (b), §2616, Title 24 of the Delaware Code by striking said subsection (b) in its entirety and by substituting the following in lieu thereof:

"(b) Where the practitioner is in disagreement with the action of the Board, he or she may appeal the Board's decision to the Superior Court in accordance with Chapter 101, Title 29 of the Delaware Code. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with §10144, Title 29 of the Delaware Code.".

Section 12. Amend subsection (b), §2617, Title 24 of the Delaware Code by striking such subsection (b) in its entirety and designating the entire section as §2617.

Approved July 09, 2001