CHAPTER 381

FORMERLY

HOUSE SUBSTITUTE NO. 1 FOR

HOUSE BILL NO. 292

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND 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 § 2602 of Title 24 of the Delaware Code by striking subsections (4), (5), and (6) and substituting in lieu thereof the following:

“(4) ‘Athletic training’ means the prevention evaluation and treatment of athletic injuries by the utilization of therapeutic exercises and modalities such as heat, cold, light, air, water, sound, electricity, massage and non-thrust mobilizations. All treatment of athletic injuries requires a physician’s referral, except for minor sprains, strains, and contusions, first aid excluded. Treatment of musculoskeletal injuries that are not defined as an ‘athletic injury’ will require direction from a physical therapist and direct supervision of every fifth treatment. An athletic trainer may not independently initiate, modify, or discontinue a physical therapy plan of care. Athletic training shall not include radiology, surgery, prescription drugs, or authorize the medical diagnosis of disease.

(5) ‘Athletic trainer’ means a person who is licensed by the State Examining Board of Physical Therapists and Athletic Trainers, to practice ‘athletic training’, after meeting the requirements of this Chapter and rules and regulations promulgated pursuant thereto.

(6) ‘Athletic injury’ is a musculoskeletal injury resulting from or limiting participation in or training for scholastic, recreational, professional or sanctioned amateur athletic activities.”.

Section 2. Amend § 2602 of Title 24 of the Delaware Code by striking subsections (7) and (8) in their entirety.

Section 3. Amend § 2602(9) of Title 24 of the Delaware Code by inserting “Board of Certification” after the word “Association” and before the word “who” as they appear in the first sentence thereof and by striking the last sentence of subsection (9) in its entirety.

Section 4. Amend § 2603 of Title 24 of the Delaware Code by deleting subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) There is hereby created the State Examining Board of Physical Therapists and Athletic Trainers. The Board shall consist of ten (10) members, all of whom shall be residents of Delaware. Four (4) members shall be physical therapists licensed to practice in Delaware, provided they have worked at least three (3) years in Delaware as physical therapists immediately preceding their appointment. One (1) member shall be a physical therapist assistant, licensed to practice in Delaware. Two (2) members shall be athletic trainers licensed to practice in Delaware, provided they have worked at least three (3) years in Delaware as athletic trainers immediately preceding their appointment. Three (3) 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 professions in the State, nor shall said members have any interest in a business or institution engaged in physical therapy or athletic training.”.

Section 5. Amend subsections (b) and (c) § 2603 of Title 24 of the Delaware Code according to the agreed upon number of Board members defined in subsection (a).

Section 6. Amend §2612(b), Title 24 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

“(b) Any person licensed under this chapter as an athletic trainer shall not treat any person(s) by athletic training or otherwise, except after a physician’s referral or an evaluation by the supervising physical therapist, first aid excluded. Any person licensed under this chapter as an athletic trainer will require a referral for treatment and/or rehabilitation of injuries other than treatment of minor sprains, strains and contusions, first aid excluded. Treatment by an athletic trainer 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 7. Change the name of the Board to “Examining Board of Physical Therapists and Athletic Trainers”.

Approved July 19, 2004