S*278 Session 105 (1983-1984)
S*0278(Rat #0518, Act #0441 of 1984) General Bill, By J.M. Waddell
A Bill to regulate the South Carolina athletic trainers and to provide
penalties for violation.-amended title
03/02/83 Senate Introduced and read first time SJ-593
03/02/83 Senate Referred to Committee on Medical Affairs SJ-593
05/04/83 Senate Committee report: Favorable with amendment
Medical Affairs SJ-1208
05/05/83 Senate Amended SJ-1284
05/05/83 Senate Read second time SJ-1287
05/05/83 Senate Ordered to third reading with notice of
amendments SJ-1287
05/11/83 Senate Read third time and sent to House SJ-1336
05/12/83 House Introduced and read first time HJ-2812
05/12/83 House Referred to Committee on Labor, Commerce and
Industry HJ-2812
05/19/83 House Recalled from Committee on Labor, Commerce and
Industry HJ-2982
05/19/83 House Committed to Committee on Medical, Military,
Public and Municipal Affairs HJ-2982
05/31/83 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-3264
06/02/83 House Objection by Rep. Foster, Washington & Matthews HJ-3461
04/25/84 House Objection withdrawn by Rep. Foster & Washington HJ-2622
04/26/84 House Objection withdrawn by Rep. Matthews HJ-2662
05/02/84 House Objection by Rep. McLellan, Gregory & Woods HJ-2815
05/03/84 House Objection withdrawn by Rep. Woods HJ-2882
05/03/84 House Objection by Rep. Kirsh HJ-2882
05/03/84 House Objection withdrawn by Rep. Kirsh HJ-2882
05/03/84 House Objection by Rep. Klapman & Lockemy HJ-2882
05/22/84 House Objection withdrawn by Rep. Klapman HJ-3186
05/29/84 House Objection withdrawn by Rep. McLellan HJ-3428
05/29/84 House Amended HJ-3428
05/29/84 House Read second time HJ-3430
05/30/84 House Read third time HJ-3464
05/30/84 House Returned HJ-3464
06/01/84 Senate Concurred in House amendment and enrolled SJ-2184
06/13/84 Ratified R 518
06/19/84 Signed By Governor
06/19/84 Effective date 06/19/84
06/19/84 Act No. 441
07/02/84 Copies available
(A441, R518, S278)
AN ACT TO REGULATE THE SOUTH CAROLINA ATHLETIC TRAINERS AND TO PROVIDE
PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Act may be cited
SECTION 1. This act may be cited as "The Athletic Trainers' Act of South
Carolina".
Definitions
SECTION 2. As used in this act:
(a) "Athletic trainer" means a person with specific qualifications
as set forth in Section 5 who, upon the advice and consent of his team physician,
carries out the practice of prevention and physical rehabilitation of injuries
incurred by athletes on the team by which the athletic trainer is employed and
who, in carrying out these functions, may use physical modalities such as heat,
light, sound, cold, electricity, or mechanical devices related to rehabilitation
and treatment.
(b) "Certificate" means official acknowledgment by the department
that an individual has successfully completed educational and other requirements
referred to in this act which entitles that individual to perform the functions
and duties of an athletic trainer.
(c) "Department" means the Department of Health and Environmental
Control.
(d) "Board" means the Board of Health and Environmental Control.
Department must develop standards and prescribe regulations
SECTION 3. (a) The department, with the advice of the Athletic Trainers'
Advisory Committee, must develop standards and prescribe regulations for the
improvement of athletic training services in the State. All administrative
responsibility for this program is vested in the department.
(b) An Athletic Trainers' Advisory Committee is created consisting of eight
members appointed by the board. Two members must be from the department, one
must be from the State Board of Medical Examiners, three must be certified
athletic trainers, and two must be from the general public who are not certified
or licensed in any health care field and are not connected in any way with
athletic trainers.
Membership on the committee is by appointment by the board. The terms of the
members are for four years or until successors are appointed except that of those
first appointed four are appointed to a term of two years.
The committee must meet at least once each year to review the standards and
regulations for improving athletic training services and make recommendations to
the department.
Certification
SECTION 4. (a) No person may hold himself out as an athletic trainer or
perform, for compensation, any activities of an athletic trainer as defined in
this act without first obtaining certification.
(b) Any person desiring certification as an athletic trainer must apply to the
department. The department must make a determination of the applicant's
qualifications and issue the appropriate certificate to the applicant.
(c) A certificate so issued is valid for a period not to exceed two years from
the date of issuance and may be renewed subject to any requirements of this act.
(d) The department must suspend or revoke a certificate so issued at any time
it is determined that the holder no longer meets the prescribed qualifications
set forth by the department or has failed to provide athletic training services
of a quality acceptable by the department.
(e) Any person whose application is denied, suspended, or revoked is entitled
to a hearing before the board if he submits a written request to the board.
Proceedings for denial, revocation, or suspension of a certificate must be
conducted consistent with Act 176 of 1977 (Administrative Procedures Act).
Requirements for certification
SECTION 5. An applicant for an athletic trainer certification must:
(a) Have met the athletic training curriculum requirements of a college or
university and give proof by a means of a certified transcript; or
(b) Have a B.S. degree in physical or corrective therapy with a minor in
physical education or health which includes a basic athletic training course and
have spent at least two academic years working under the supervision of a
certified athletic trainer; or
(c) Have completed four years working under the supervision of a certified
athletic trainer and pass an examination prescribed by the department.
Issuance of certificate
SECTION 6. A certificate may be issued to any qualified athletic trainer holding
certification in any other state if such other state recognizes the certificate
of this State in the same manner.
Fees
SECTION 7. The department may levy fees in an amount sufficient to administer
the requirements of this act.
Nothing in act to prevent certain services
SECTION 8. Nothing in this act prevents:
(a) Licensed, registered, or certified professionals such as physicians,
nurses, physical therapists, and chiropractors from practicing their professions
if they do not hold themselves out to the public by any title or description as
being athletic trainers.
(b) A person from rendering services that are the same as or similar to those
within the scope of practice provided for in this act so long as he is otherwise
now employed or employed in the future as a faculty or staff member at the school
in question and does not represent himself to be an athletic trainer.
(c) The continued employment of persons employed on the effective date of this
act by the State Department of Education, local boards of education, or private
secondary or elementary schools for the treatment of injuries received by
students participating in school sports activities.
(d) Any person from serving as a student-trainer or in any similar position
if service is carried out under the supervision of a physician or certified
athletic trainer.
Grandfather clause
SECTION 9. Any person actively engaged as an athletic trainer on the effective
date of this act must be issued a certificate if he submits proof of two years'
experience as an athletic trainer within the preceding five year period, is
approved by the department, and pays any required fee.
Definition
SECTION 10. For purposes of this act, a person is actively engaged as an
athletic trainer if he is employed on a salary basis by an educational
institution, professional athletic organization, or other bona fide athletic
organization for the duration of the institution's school year or the length of
the athletic organization's season and performs the duties of athletic trainer
as a major responsibility of this employment.
School districts not required to hire certified athletic trainers
SECTION 11. Nothing in this act may be construed to require school districts to
hire certified athletic trainers.
Penalty
SECTION 12. Any person violating the provisions of this act is guilty of a
misdemeanor and upon conviction must be punished by a fine of not less than
twenty-five nor more than two hundred dollars.
Time effective
SECTION 13. This act shall take effect upon approval by the Governor. |