S T A T E O F N E W Y O R K
________________________________________________________________________
2783--B
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
___________
Introduced by M. of A. LAVINE, ZEBROWSKI, GRAF, WALTER, MONTESANO,
LIFTON, SKOUFIS, BARRETT, SKARTADOS, SOLAGES, STIRPE, OTIS, RAIA,
BRABENEC, MURRAY, JAFFEE, D'URSO, RA, LUPINACCI, MOYA, NORRIS, STECK,
WALLACE -- Multi-Sponsored by -- M. of A. COOK, FITZPATRICK, GALEF,
HYNDMAN, KEARNS, LUPARDO, McDONOUGH, ORTIZ, PAULIN, SIMON, WOERNER --
read once and referred to the Committee on Higher Education -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- again reported from said committee with
amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the education law, in relation to the licensure of
athletic trainers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 8351 of the education law, as amended by chapter
658 of the laws of 1993, is amended to read as follows:
§ 8351. [Definition] DEFINITIONS. 1. As used in this article "athlet-
ic trainer" means any person who is duly [certified] LICENSED in accord-
ance with this article to perform athletic training under the super-
vision of a physician [and limits his or her practice to secondary
schools, institutions of postsecondary education, professional athletic
organizations, or a person who, under the supervision of a physician,
carries out comparable functions on orthopedic athletic injuries,
excluding spinal cord injuries, in a health care organization. Super-
vision of an athletic trainer by a physician shall be continuous but
shall not be construed as requiring the physical presence of the super-
vising physician at the time and place where such services are
performed.
The scope of work described herein shall not be construed as authoriz-
ing the reconditioning of neurologic injuries, conditions or disease].
THE PRACTICE OF THE PROFESSION OF ATHLETIC TRAINING IS PERFORMED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04222-08-7
A. 2783--B 2
ATHLETIC TRAINERS WHO ARE DEFINED AS HEALTH CARE PROFESSIONALS WHO
ENGAGE IN THE PREVENTION, RECOGNITION, EXAMINATION, EVALUATION, ASSESS-
MENT, MANAGEMENT, TREATMENT AND REHABILITATION OF NEUROMUSCULOSKELETAL
INJURIES THAT OCCUR IN ACTIVE INDIVIDUALS WITH TREATMENT IN ACCORDANCE
WITH THE SUPERVISING PHYSICIAN PURSUANT TO STANDARD WRITTEN PROTOCOL.
THESE ACTIVE INDIVIDUALS ENGAGE IN ACTIVITIES THAT REQUIRE A HIGH DEGREE
OF PHYSICAL EXERTION, THAT INVOLVES TRAINING AND WHERE INJURY OCCURS
DURING SUCH TRAINING OR ATHLETIC ENDEAVOR, INCLUDING BUT NOT LIMITED TO
ATHLETIC INDIVIDUALS, PERFORMING ARTISTS AND INDIVIDUALS INVOLVED IN
PUBLIC PROTECTION OR EMERGENCY SERVICES OR INDIVIDUALS INVOLVED IN ADAP-
TIVE ATHLETICS. ATHLETIC TRAINERS RECOGNIZE, EVALUATE, AND ASSIST IN THE
MANAGEMENT OF SPORT-RELATED ILLNESSES AND MEDICAL CONDITIONS. THE PRAC-
TICE OF ATHLETIC TRAINING MAY INCLUDE USE OF VARIOUS CLINICALLY APPRO-
PRIATE THERAPEUTIC MODALITIES AND TECHNIQUES. SUPERVISION BY A PHYSICIAN
SHALL BE CONTINUOUS BUT SHALL NOT BE CONSTRUED AS REQUIRING THE PHYSICAL
PRESENCE OF THE SUPERVISING PHYSICIAN AT THE TIME AND PLACE WHERE SUCH
SERVICES ARE PERFORMED.
THE SCOPE OF WORK DESCRIBED IN THIS SECTION SHALL NOT BE CONSTRUED AS
AUTHORIZING THE MANAGEMENT AND TREATMENT OF ACUTE, SUBACUTE, OR CHRONIC
NEUROLOGICAL PATHOLOGIES AND COMORBIDITIES OR NEUROLOGICAL DISEASE PROC-
ESSES WITH THE EXCEPTION OF INITIAL EVALUATION AND TRIAGE OF EMERGENT
NEUROLOGICAL CONDITIONS SUCH AS POTENTIAL CONCUSSIONS, SPINAL CORD INJU-
RIES OR NERVE INJURIES RESULTING FROM PARTICIPATION IN AN ATHLETIC
ENDEAVOR, WHILE TRAINING, OR DURING ADAPTIVE ATHLETICS. FURTHER,
ATHLETIC TRAINERS SHALL WORK WITH INDIVIDUALS PURSUANT TO STANDARD WRIT-
TEN PROTOCOL TO MANAGE, MONITOR AND TREAT SUCH INJURIES AFTER AN INDI-
VIDUAL HAS BEEN CLEARED BY A SUPERVISING PHYSICIAN TO BEGIN REHABILI-
TATION FOR PARTICIPATION IN AN ATHLETIC ENDEAVOR, TRAINING, OR ADAPTIVE
ATHLETICS.
2. AS USED IN THIS ARTICLE "EMERGENT" MEANS A SERIOUS, UNEXPECTED AND
OFTEN DANGEROUS SITUATION REQUIRING IMMEDIATE ACTION.
§ 2. Section 8352 of the education law, as amended by chapter 658 of
the laws of 1993, is amended to read as follows:
§ 8352. Definition of practice of athletic training. [The practice of
the profession of athletic training is defined as the application of
principles, methods and procedures for managing athletic injuries, which
shall include the preconditioning, conditioning and reconditioning of an
individual who has suffered an athletic injury through the use of appro-
priate preventative and supportive devices, under the supervision of a
physician and recognizing illness and referring to the appropriate
medical professional with implementation of treatment pursuant to physi-
cian's orders.] Athletic training includes instruction to coaches,
athletes, ACTIVE INDIVIDUALS, parents, medical personnel and communities
in the area of care and prevention of [athletic] NEUROMUSCULOSKELETAL
injuries. SUPERVISION BY A PHYSICIAN SHALL INCLUDE SPECIFIC OR STANDING
ORDERS FOR ATHLETIC TRAINING SERVICES.
[The scope of work described herein shall not be construed as author-
izing the reconditioning of neurologic injuries, conditions or disease.]
§ 3. Section 8353 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
§ 8353. Use of the title "[certified] athletic trainer". Only a
person [certified] LICENSED or otherwise authorized under this article
shall PRACTICE ATHLETIC TRAINING OR use the title "[certified] athletic
trainer" OR THE ABBREVIATION "AT".
§ 4. Section 8354 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
A. 2783--B 3
§ 8354. State committee for athletic trainers. A state committee for
athletic trainers shall be appointed by the board of regents, upon the
recommendation of the commissioner and shall assist on matters of
[certification] PROFESSIONAL LICENSING and professional conduct in
accordance with section six thousand five hundred eight of this title.
The committee shall consist of [five] SEVEN members, FIVE who are
athletic trainers [certified] LICENSED in this state, ONE PRACTICING
PHYSICIAN WHO IS LICENSED IN THIS STATE TO PRACTICE AS AN ORTHOPEDIC
SURGEON, A PRIMARY CARE/FAMILY PRACTICE PHYSICIAN, A SPORTS MEDICINE
PRACTITIONER, OR A NEUROLOGIST AND ONE PUBLIC MEMBER THAT IS A CONSUMER
OF THE PROFESSION. The committee shall assist the state board for medi-
cine in athletic training matters. Nominations and terms of office of
the members of the state committee for athletic trainers shall conform
to the corresponding provisions relating thereto for state boards under
article one hundred thirty of this chapter. [Notwithstanding the forego-
ing, the members of the first committee need not be certified prior to
their appointment to the committee.]
§ 5. Section 8355 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
§ 8355. Requirements and procedure for professional [certification]
LICENSURE. [For certification as a certified] TO QUALIFY FOR A LICENSE
AS AN athletic trainer under this article, an applicant shall fulfill
the following requirements:
1. Application: file an application with the department;
2. Education: have received an education including a bachelor's, its
equivalent or higher degree in accordance with the commissioner's regu-
lations, PROVIDED HOWEVER, AS OF DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-SIX, APPLICANTS MUST HAVE RECEIVED A MASTER'S DEGREE, ITS EQUIV-
ALENT OR HIGHER IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. Experience: have experience in accordance with the commissioner's
regulations;
4. Examination: pass an examination in accordance with the commission-
er's regulations;
5. Age: be at least twenty-one years of age; and
6. Fees: pay a fee for an initial [certificate] LICENSE of one hundred
dollars to the department; and a fee of fifty dollars for each triennial
registration period.
§ 6. Section 8356 of the education law, as amended by chapter 658 of
the laws of 1993, is amended to read as follows:
§ 8356. [Special provisions. A person shall be certified without exam-
ination provided that, within three years from the effective date of
regulations implementing the provisions of this article, the individual:
1. files an application and pays the appropriate fees to the depart-
ment; and
2. meets the requirements of subdivisions two and five of section
eight thousand three hundred fifty-five of this article and who in addi-
tion:
(a) has been actively engaged in the profession of athletic training
for a minimum of four years during the seven years immediately preceding
the effective date of this article; or
(b) is certified by a United States certifying body acceptable to the
department.] EXEMPT PERSONS. 1. NOTHING CONTAINED IN THIS ARTICLE SHALL
PROHIBIT:
(A) THE PRACTICE OF ATHLETIC TRAINING THAT IS AN INTEGRAL PART OF A
PROGRAM OF STUDY BY STUDENTS ENROLLED IN AN ATHLETIC TRAINING PROGRAM
APPROVED BY THE DEPARTMENT. STUDENTS ENROLLED IN AN APPROVED ATHLETIC
A. 2783--B 4
TRAINING PROGRAM SHALL BE IDENTIFIED AS "ATHLETIC TRAINING STUDENTS" AND
SHALL ONLY PRACTICE ATHLETIC TRAINING UNDER THE DIRECTION AND IMMEDIATE
SUPERVISION OF AN ATHLETIC TRAINER CURRENTLY LICENSED UNDER THIS ARTI-
CLE. AN ATHLETIC TRAINING STUDENT SHALL NOT HOLD HIMSELF OR HERSELF OUT
AS A LICENSED ATHLETIC TRAINER; OR
(B) THE PRACTICE OF ATHLETIC TRAINING BY ANY PERSON WHO IS LICENSED
AND IN GOOD STANDING TO PRACTICE ATHLETIC TRAINING IN ANOTHER STATE FROM
ACTING AS AN ATHLETIC TRAINER WITHOUT A NEW YORK STATE LICENSE SOLELY
FOR THE FOLLOWING PURPOSES: (I) CLINICAL EDUCATION, PRACTICE DEMON-
STRATIONS OR CLINICAL RESEARCH THAT IS WITHIN THE PRACTICE OF ATHLETIC
TRAINING IN CONNECTION WITH A PROGRAM OF BASIC CLINICAL EDUCATION, GRAD-
UATE EDUCATION, OR POST-GRADUATE EDUCATION IN AN APPROVED SCHOOL OF
ATHLETIC TRAINING, OR IN A CLINICAL FACILITY, OR A HEALTH CARE AGENCY,
OR CONTINUING EDUCATION; OR (II) PERFORMING DUTIES WITH HIS OR HER TEAM
OR ORGANIZATION, SO LONG AS DUTIES ARE RESTRICTED TO THAT TEAM OR ORGAN-
IZATION DURING THE COURSE OF THAT TEAM'S OR ORGANIZATION'S STAY IN NEW
YORK STATE FOR NO MORE THAN SIXTY DAYS IN A CALENDAR YEAR; OR (III)
ASSISTING IN THE CARE OF ATHLETES IN A SPECIFIC SANCTIONED ATHLETIC
EVENT; OR (IV) ASSISTING A NEW YORK STATE LICENSED ATHLETIC TRAINER IN
THE CASE OF AN EMERGENCY SITUATION TO ANOTHER TEAM'S PLAYER. ANY PERSON
PRACTICING ATHLETIC TRAINING IN NEW YORK STATE PURSUANT TO THIS SUBDIVI-
SION SHALL BE SUBJECT TO PERSONAL AND SUBJECT MATTER JURISDICTION AND
THE DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AS IF
HE OR SHE IS A LICENSEE AND AS IF THE EXEMPTION PURSUANT TO THIS SUBDI-
VISION IS A LICENSE. SUCH INDIVIDUALS SHALL CONSENT TO THE APPOINTMENT
OF THE SECRETARY OF STATE OR OTHER PUBLIC OFFICIAL ACCEPTABLE TO THE
DEPARTMENT, IN SUCH ATHLETIC TRAINERS' STATES OF LICENSURE AS THE
ATHLETIC TRAINERS' AGENTS UPON WHOM PROCESS MAY BE SERVED IN ANY ACTIONS
OR PROCEEDINGS BY THE DEPARTMENT AGAINST SUCH ATHLETIC TRAINERS. SUCH
INDIVIDUALS SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE, THE RULES
OF THE BOARD OF REGENTS AND THE REGULATIONS OF THE COMMISSIONER RELATING
TO PROFESSIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR
PROFESSIONAL MISCONDUCT; OR
(C) THE PRACTICE OF ATHLETIC TRAINING BY ANY PERSON WHO IS OTHERWISE
AUTHORIZED AND IN GOOD STANDING TO PRACTICE ATHLETIC TRAINING OR ATHLET-
IC THERAPY IN ANOTHER COUNTRY, STATE, OR TERRITORY THAT IMPOSES THE SAME
REQUIREMENTS SET FORTH IN SECTION EIGHTY-THREE HUNDRED FIFTY-FIVE OF
THIS ARTICLE. ANY PERSON PRACTICING ATHLETIC TRAINING IN NEW YORK STATE
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO PERSONAL AND SUBJECT
MATTER JURISDICTION AND THE DISCIPLINARY AND REGULATORY AUTHORITY OF THE
BOARD OF REGENTS AS IF HE OR SHE IS A LICENSEE AND AS IF THE EXEMPTION
PURSUANT TO THIS SUBDIVISION IS A LICENSE. SUCH INDIVIDUALS SHALL
CONSENT TO THE APPOINTMENT OF THE SECRETARY OF STATE OR OTHER PUBLIC
OFFICIAL ACCEPTABLE TO THE DEPARTMENT, IN SUCH ATHLETIC TRAINERS' STATES
OF LICENSURE AS THE ATHLETIC TRAINERS' AGENTS UPON WHOM PROCESS MAY BE
SERVED IN ANY ACTIONS OR PROCEEDINGS BY THE DEPARTMENT AGAINST SUCH
ATHLETIC TRAINERS. SUCH INDIVIDUALS SHALL COMPLY WITH THE PROVISIONS OF
THIS ARTICLE, THE RULES OF THE BOARD OF REGENTS AND THE REGULATIONS OF
THE COMMISSIONER RELATING TO PROFESSIONAL MISCONDUCT, DISCIPLINARY
PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
2. THIS ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT QUALIFIED MEMBERS
OF OTHER LICENSED OR LEGALLY RECOGNIZED PROFESSIONS FROM PERFORMING WORK
INCIDENTAL TO THE PRACTICE OF THEIR PROFESSION, EXCEPT THAT SUCH PERSONS
MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE ATHLETIC TRAINER OR AS
PERFORMING ATHLETIC TRAINING.
A. 2783--B 5
§ 7. The education law is amended by adding two new sections 8356-a
and 8356-b to read as follows:
§ 8356-A. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED ATHLET-
IC TRAINER REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE
DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVI-
SION TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C)
OF THIS SUBDIVISION. LICENSED ATHLETIC TRAINERS WHO DO NOT SATISFY THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
TION CERTIFICATE, EXCEPT THAT A LICENSED ATHLETIC TRAINER MAY PRACTICE
WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI-
TIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
(B) EACH LICENSED ATHLETIC TRAINER SHALL BE EXEMPT FROM THE MANDATORY
CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD
DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORDANCE WITH THE INTENT
OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION
REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH
CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
(C) A LICENSED ATHLETIC TRAINER NOT ENGAGED IN PRACTICE, AS DETERMINED
BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF
ATHLETIC TRAINING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH
MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS
OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR REGIS-
TRATION AS A LICENSED ATHLETIC TRAINER SHALL COMPLETE A MINIMUM OF
FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED
IN SUBDIVISION FOUR OF THIS SECTION. ANY LICENSED ATHLETIC TRAINER WHOSE
FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION
OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER
JANUARY FIRST, TWO THOUSAND NINETEEN, SHALL COMPLETE CONTINUING EDUCA-
TION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE
PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND NINETEEN AND THEN FIFTEEN
HOURS PER YEAR UNTIL HIS OR HER FIRST REGISTRATION DATE THEREAFTER. A
LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
A. 2783--B 6
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL
EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO
PROFESSIONAL PRACTICE IN ATHLETIC TRAINING AND WHICH MEET THE STANDARDS
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF
LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL
SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS,
AND ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO
THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE
COMPLETION OF CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS TO
FULFILL THIS MANDATORY CONTINUING EDUCATION REQUIREMENT. CONTINUING
EDUCATION COURSES MUST BE TAKEN FROM A PROVIDER APPROVED BY THE DEPART-
MENT, BASED UPON AN APPLICATION AND FEE PURSUANT TO THE REGULATIONS OF
THE COMMISSIONER.
5. A LICENSED ATHLETIC TRAINER SHALL MAINTAIN ADEQUATE DOCUMENTATION
OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO
PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE
AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE PAYABLE ON OR
BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE
PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION
EIGHTY-THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE.
§ 8356-B. SPECIAL PROVISIONS. ANY PERSON WHO IS LICENSED AS A CERTI-
FIED ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS
SECTION SHALL BE LICENSED AS AN ATHLETIC TRAINER WITHOUT MEETING ANY
ADDITIONAL REQUIREMENTS.
§ 8. Section 8357 of the education law, as added by chapter 798 of the
laws of 1992, is amended to read as follows:
§ 8357. Non-liability of [certified] LICENSED athletic trainers for
first aid or emergency treatment. Notwithstanding any inconsistent
provision of any general, special or local law, any [certified] LICENSED
athletic trainer who voluntarily and without the expectation of monetary
compensation renders first aid or emergency treatment at the scene of an
accident or other emergency, outside a hospital, doctor's office or any
other place having proper and necessary athletic training equipment, to
a person who is unconscious, ill or injured, shall not be liable for
damages for injuries alleged to have been sustained by such person or
for damages for the death of such person alleged to have occurred by
reason of an act or omission in the rendering of such first aid or emer-
gency treatment unless it is established that such injuries were or such
death was caused by gross negligence on the part of such LICENSED
athletic trainer. Nothing in this section shall be deemed or construed
to relieve a [certified] LICENSED athletic trainer from liability for
damages for injuries or death caused by an act or omission on the part
of an athletic trainer while rendering professional services in the
normal and ordinary course of his or her practice.
§ 9. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.