The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2023
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  JACKSON,  RIVERA, SKOUFIS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Higher Education
 
 AN  ACT  to  amend  the  education  law, in relation to the licensure of
   athletic trainers; and to amend the social services law,  in  relation
   to  adding  athletic  trainers  to  the  list of persons and officials
   required to report cases of suspected child abuse or maltreatment
 
   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 OF THE PRACTICE OF ATHLETIC TRAINING.  [As used  in
 this article
   "athletic  trainer"  means any person who is duly certified 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.]  1.  DEFINITION.  THE PRACTICE OF THE PROFESSION OF ATHLETIC
 TRAINING IS PERFORMED BY ATHLETIC TRAINERS WHO  ARE  DEFINED  AS  HEALTH
 CARE PROFESSIONALS, AND IS DEFINED AS:
   (A)  THE PREVENTION, RECOGNITION, EXAMINATION, EVALUATION, ASSESSMENT,
 MANAGEMENT, TREATMENT AND REHABILITATION OF ATHLETIC INJURIES THAT OCCUR
 IN ACTIVE INDIVIDUALS.   ATHLETIC  TRAINING  INVOLVES  THE  RECOGNITION,
 EVALUATION,  AND ASSISTANCE IN THE MANAGEMENT OF SPORT-RELATED ILLNESSES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04477-01-1

 S. 2023                             2
 
 AND MEDICAL CONDITIONS, PURSUANT TO THE  ATHLETIC  TRAINER'S  EDUCATION,
 EXPERIENCE, AND COMPETENCIES.
   (B)  THE  WORK OF ATHLETIC TRAINING IS PERFORMED UNDER THE SUPERVISION
 OF A PHYSICIAN PURSUANT TO A  STANDARD  WRITTEN  PROTOCOL  FOR  ATHLETIC
 TRAINING  SERVICES.  SUPERVISION  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.
   (C) THE PRACTICE OF ATHLETIC TRAINING MAY INCLUDE USE OF VARIOUS CLIN-
 ICALLY APPROPRIATE THERAPEUTIC MODALITES AND TECHNIQUES.
   (D) The scope of work described [herein  shall  not  be  construed  as
 authorizing  the  reconditioning  of  neurologic injuries, conditions or
 disease] 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 PROCESSES WITH THE
 EXCEPTION OF INITIAL EVALUATION  AND  TRIAGE  OF  EMERGENT  NEUROLOGICAL
 CONDITIONS  SUCH AS POTENTIAL CONCUSSIONS, SPINAL CORD INJURIES OR NERVE
 INJURIES RESULTING FROM PARTICIPATION IN  AN  ATHLETIC  ENDEAVOR,  WHILE
 TRAINING,  OR  ENGAGED  IN PERFORMING ARTS, PUBLIC PROTECTION, EMERGENCY
 SERVICES, OR MILITARY SERVICE, OR DURING ADAPTIVE ATHLETICS.   ONCE  THE
 INDIVIDUAL HAS BEEN CLEARED BY A SUPERVISING PHYSICIAN, AFTER SUSTAINING
 SUCH  AN  INJURY,  THE  ATHLETIC  TRAINER SHALL WORK WITH THE INDIVIDUAL
 PURSUANT TO STANDARD WRITTEN PROTOCOL TO MANAGE, MONITOR AND TREAT  SUCH
 INJURIES  FOR  PARTICIPATION IN REHABILITATION FOR AN ATHLETIC ENDEAVOR,
 WHILE TRAINING, ENGAGING IN PERFORMING ARTS, PUBLIC PROTECTION, EMERGEN-
 CY SERVICES, MILITARY SERVICES OR DURING ADAPTIVE ATHLETICS.    ATHLETIC
 TRAINERS SHALL WORK WITH INDIVIDUALS PURSUANT TO STANDARD WRITTEN PROTO-
 COL  TO  MANAGE,  MONITOR  AND  TREAT SUCH INJURIES FOR PARTICIPATION IN
 REHABILITATION FOR AN ATHLETIC ENDEAVOR,  WHILE  TRAINING,  ENGAGING  IN
 PERFORMING   ARTS,   PUBLIC  PROTECTION,  EMERGENCY  SERVICES,  MILITARY
 SERVICES OR DURING ADAPTIVE ATHLETICS.
   (E) ATHLETIC TRAINING INCLUDES EDUCATION AND INSTRUCTION  TO  COACHES,
 ATHLETES, ACTIVE INDIVIDUALS, PARENTS, MEDICAL PERSONNEL AND COMMUNITIES
 IN  THE AREA OF CARE AND PREVENTION OF ATHLETIC INJURIES, SPORTS-RELATED
 ILLNESSES AND MEDICAL CONDITIONS.
   2. BOUNDARIES OF PROFESSIONAL PRACTICE. ANY INDIVIDUAL  WHOSE  LICENSE
 OR  AUTHORITY  TO  PRACTICE  DERIVES FROM THE PROVISIONS OF THIS ARTICLE
 SHALL BE  PROHIBITED  FROM  PRESCRIBING  ANY  MEDICATION  OR  CONTROLLED
 SUBSTANCE  OR  PERFORMING SURGERY, SUTURING, OR ANY INVASIVE PROCEDURES,
 IN WHICH HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE PIERCED  BY  MECHAN-
 ICAL  OR  OTHER  MEANS,  INCLUDING  NEEDLES, EXCEPT THAT NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PROHIBIT THE USE OF AN  EPINEPHRINE  AUTO-
 INJECTOR  DEVICE  PURSUANT  TO  SECTION  THREE  THOUSAND-C OF THE PUBLIC
 HEALTH LAW.
   § 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] DEFINITIONS RELATED TO 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 appropriate preventative and support-
 ive devices, under  the  supervision  of  a  physician  and  recognizing
 illness  and  referring  to  the  appropriate  medical professional with
 implementation of treatment pursuant  to  physician's  orders.  Athletic
 training  includes  instruction  to  coaches, athletes, parents, medical

 S. 2023                             3

 personnel and communities in the area of care and prevention of athletic
 injuries.
   The scope of work described herein shall not be construed as authoriz-
 ing  the  reconditioning of neurologic injuries, conditions or disease.]
 AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "EMERGENT"  SHALL  MEAN  A SERIOUS, UNEXPECTED AND OFTEN DANGEROUS
 SITUATION REQUIRING IMMEDIATE ACTION.
   2. "SUPERVISION" SHALL MEAN BY A PHYSICIAN AND 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, AND SHALL FURTHER INCLUDE USE OF STANDARD  WRITTEN  PROTOCOLS
 FOR ATHLETIC TRAINING SERVICES DEVELOPED IN CONSULTATION WITH THE SUPER-
 VISING PHYSICIAN.
   3.  "SPORT-RELATED  ILLNESSES  AND  MEDICAL CONDITIONS" SHALL MEAN ANY
 DISEASE, DISORDER, SICKNESS OR AFFLICTION  THAT  ARISES  FROM  OR  IS  A
 MANIFESTATION  OF  A  PHYSICALLY ACTIVE INDIVIDUAL'S PARTICIPATION IN AN
 EXERCISE, A SPORT, A GAME, A RECREATIONAL ACTIVITY OR OTHER ACTIVITY, OR
 ANY OTHER CONDITION, THAT  MAY  REQUIRE  IMMEDIATE  INTERVENTION  BY  AN
 ATHLETIC  TRAINER,  ACTING WITH THE CONSENT AND UNDER THE DIRECTION OF A
 PHYSICIAN.
   4. "STANDARD WRITTEN PROTOCOL" SHALL MEAN A WRITTEN AGREEMENT OR OTHER
 DOCUMENT DEVELOPED IN CONJUNCTION WITH THE SUPERVISING PHYSICIAN,  WHICH
 IDENTIFIES  AND  IS SIGNED BY THE SUPERVISING PHYSICIAN AND THE LICENSED
 ATHLETIC TRAINER, AND DESCRIBES THE MANNER AND FREQUENCY  IN  WHICH  THE
 LICENSED  ATHLETIC  TRAINER  REGULARLY COMMUNICATES WITH THE SUPERVISING
 PHYSICIAN AND  INCLUDES  STANDARD  OPERATING  PROCEDURES,  DEVELOPED  IN
 AGREEMENT  WITH THE SUPERVISING PHYSICIAN AND LICENSED ATHLETIC TRAINER,
 THAT THE LICENSED ATHLETIC TRAINER FOLLOWS WHEN NOT DIRECTLY  SUPERVISED
 ONSITE BY THE SUPERVISING PHYSICIAN.
   5.  "ACTIVE  INDIVIDUAL" SHALL MEAN ONE WHO ENGAGES IN ACTIVITIES THAT
 REQUIRE A HIGH DEGREE OF PHYSICAL EXERTION, THAT  INVOLVE  TRAINING  AND
 WHERE INJURY OCCURS DURING SUCH TRAINING OR ATHLETIC ENDEAVOR, INCLUDING
 BUT NOT LIMITED TO ATHLETIC INDIVIDUALS, PERFORMING ARTISTS AND INDIVID-
 UALS  INVOLVED  IN  PUBLIC  PROTECTION,  EMERGENCY SERVICES, OR MILITARY
 SERVICE, OR INDIVIDUALS INVOLVED IN ADAPTIVE ATHLETICS.
   6. "ATHLETIC INJURY" SHALL MEAN ANY INJURY SUSTAINED AS  A  RESULT  OF
 PARTICIPATION  IN  AN EXERCISE, A SPORT, A GAME, A RECREATIONAL ACTIVITY
 OR ANY OTHER ACTIVITY THAT REQUIRES A LEVEL OF STRENGTH, FLEXIBILITY  OR
 AGILITY  THAT  IS  COMPARABLE  TO  THE LEVEL OF STRENGTH, FLEXIBILITY OR
 AGILITY REQUIRED FOR AN EXERCISE, A SPORT,  A  GAME  OR  A  RECREATIONAL
 ACTIVITY.
   § 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]  LICENSED athletic trainer".
 Only a person [certified] LICENSED or otherwise  authorized  under  this
 article  shall  PRACTICE ATHLETIC TRAINING OR use the title "[certified]
 LICENSED athletic trainer" OR THE ABBREVIATION "AT" IN  CONNECTION  WITH
 HIS  OR  HER  NAME  OR  WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
 PROFESSION.
   § 4. Section 8354 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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

 S. 2023                             4
 
 accordance with section six thousand five hundred eight of  this  title.
 The  committee shall consist of [five] SEVEN members [who], FIVE OF WHOM
 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 TITLE EIGHT  of  this  chapter.  [Notwith-
 standing  the  foregoing, 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-NINE, 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[.]; AND
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   § 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
 ACCEPTABLE BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT AS DETERMINED
 BY  THE  DEPARTMENT.  STUDENTS  ENROLLED IN AN ATHLETIC TRAINING PROGRAM
 DETERMINED AS ACCEPTABLE  BY  THE  DEPARTMENT  SHALL  BE  IDENTIFIED  AS

 S. 2023                             5
 
 "ATHLETIC  TRAINING  STUDENTS" AND SHALL ONLY PRACTICE ATHLETIC TRAINING
 UNDER THE DIRECTION AND SUPERVISION OF  AN  ATHLETIC  TRAINER  CURRENTLY
 LICENSED UNDER THIS ARTICLE. 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 APPROPRI-
 ATELY AUTHORIZED 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:
   (1) CLINICAL EDUCATION, PRACTICE DEMONSTRATIONS OR  CLINICAL  RESEARCH
 THAT  IS  WITHIN  THE PRACTICE OF ATHLETIC TRAINING IN CONNECTION WITH A
 PROGRAM OF BASIC CLINICAL EDUCATION, GRADUATE EDUCATION, OR  POST-GRADU-
 ATE  EDUCATION IN AN APPROVED SCHOOL OF ATHLETIC TRAINING, OR IN A CLIN-
 ICAL FACILITY, OR A HEALTH CARE AGENCY, OR FOR THE PURPOSES OF  CONTINU-
 ING  EDUCATION  NOT  TO EXCEED A DURATION OF THIRTY DAYS IN ANY CALENDAR
 YEAR, AND ANY ATHLETIC TRAINER WHO IS LICENSED IN ANOTHER STATE OR COUN-
 TRY, WHO IS VISITING AN ATHLETIC TRAINING PROGRAM,  CONDUCTING  CLINICAL
 EDUCATION  OR  CLINICAL  RESEARCH  SHALL  BE UNDER THE SUPERVISION OF AN
 ATHLETIC TRAINER LICENSED IN THE STATE AND SUCH PRACTICE SHALL BE LIMIT-
 ED TO SUCH INSTRUCTION OR RESEARCH; OR
   (2) ASSISTING IN THE CARE OF ATHLETES IN A DISCRETE SANCTIONED ATHLET-
 IC EVENT.
   2. ANY PERSON PRACTICING ATHLETIC TRAINING IN THIS STATE  PURSUANT  TO
 THIS  SUBDIVISION SHALL BE SUBJECT TO PERSONAL AND SUBJECT MATTER JURIS-
 DICTION 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 ACCEPTA-
 BLE 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 PENAL-
 TIES FOR PROFESSIONAL MISCONDUCT.
   3.  (A)  ANY  ATHLETIC TRAINER WHO IS LICENSED AND IN GOOD STANDING IN
 ANOTHER STATE OR TERRITORY, AND WHO HAS A WRITTEN AGREEMENT  TO  PROVIDE
 ATHLETIC  TRAINING  SERVICES  TO ATHLETES AND TEAM PERSONNEL OF A UNITED
 STATES SPORTS TEAM RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE  OR
 AN OUT-OF-STATE SECONDARY SCHOOL, AN INSTITUTION OF POSTSECONDARY EDUCA-
 TION,  A PROFESSIONAL ATHLETIC ORGANIZATION SPORTS TEAM, OR A PERFORMING
 ARTS TROUPE, MAY PROVIDE ATHLETIC TRAINING SERVICES TO SUCH ATHLETES AND
 TEAM PERSONNEL AT A DISCRETE SANCTIONED TEAM SPORTING EVENT OR  PERFORM-
 ANCE  IN  THIS  STATE  AS  DEFINED  BY  THE COMMISSIONER IN REGULATIONS,
 PROVIDED SUCH SERVICES ARE PROVIDED  ONLY  TO  SUCH  ATHLETES  AND  TEAM
 PERSONNEL AT THE DISCRETE SANCTIONED TEAM SPORTING EVENT OR PERFORMANCE.
 ANY  SUCH  ATHLETIC  TRAINING  SERVICES SHALL BE PROVIDED ONLY FIVE DAYS
 BEFORE THROUGH THREE DAYS AFTER EACH DISCRETE SANCTIONED  TEAM  SPORTING
 EVENT OR TRAVELING PERFORMANCE.
   (B)  ANY PERSON PRACTICING AS AN ATHLETIC TRAINER IN THIS STATE PURSU-
 ANT TO THIS SUBDIVISION SHALL BE SUBJECT TO  THE  PERSONAL  AND  SUBJECT
 MATTER  JURISDICTION  AND  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 INDIVIDUAL SHALL COMPLY
 WITH APPLICABLE PROVISIONS OF THE RULES OF THE BOARD OF REGENTS, AND THE
 REGULATIONS OF THE COMMISSIONER, RELATING  TO  PROFESSIONAL  MISCONDUCT,
 DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.

 S. 2023                             6
 
   4.  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.
   §  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 TWENTY-ONE, 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 TWENTY-ONE 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-

 S. 2023                             7
 
 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
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS TITLE.
   4. FOR PURPOSES OF THIS SECTION:
   (A) "ACCEPTABLE LEARNING ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE
 IN  PSYCHOLOGY  AND/OR  SELF-STUDY ACTIVITIES; INDEPENDENT STUDY; FORMAL
 MENTORING ACTIVITIES; PUBLICATION IN PROFESSIONAL JOURNALS; OR LECTURES,
 WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER;
 AND
   (B) "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 ORGANIZATIONS ACCEPTABLE TO  THE
 DEPARTMENT,  AND  ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS
 ACCEPTABLE TO THE DEPARTMENT.   FORMAL COURSES SHALL  BE  TAKEN  FROM  A
 SPONSOR  APPROVED  BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE,
 PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5.  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 CREDITS IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT.
   6. 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.
   7.  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 CERTIFIED AS AN
 ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS SECTION
 SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE TO APPLY FOR AND QUALIFY FOR
 LICENSURE AS AN ATHLETIC TRAINER WITHOUT MEETING ANY ADDITIONAL REQUIRE-
 MENTS.
   § 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

 S. 2023                             8
 
 death was caused by gross negligence on the part of such athletic train-
 er.    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 athlet-
 ic trainer while rendering professional services in the normal and ordi-
 nary course of his or her practice.
   §  9. Section 8358 of the education law is renumbered section 8359 and
 a new section 8358 is added to read as follows:
   § 8358. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
 PERMIT  SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
 THIS ARTICLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION, IN  ACCORDANCE
 WITH REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY NOT
 BE RENEWED.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER  THE  SUPERVISION
 OF A PHYSICIAN AS DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   §  10.  Paragraph  a of subdivision 3 of section 6507 of the education
 law, as amended by chapter 672 of the laws of 2019, is amended  to  read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing,  on or after January first, nineteen hundred ninety-one, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
 trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
 licensed clinical  social  worker,  licensed  creative  arts  therapist,
 licensed  marriage  and family therapist, licensed mental health counse-
 lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
 analyst,  [or] certified behavior analyst assistant, OR ATHLETIC TRAINER
 shall, in addition to all the other licensure, certification  or  permit
 requirements, have completed two hours of coursework or training regard-
 ing  the  identification  and reporting of child abuse and maltreatment.
 The coursework or training shall be  obtained  from  an  institution  or
 provider  which  has  been  approved  by  the department to provide such
 coursework or training. The coursework or training shall include  infor-
 mation  regarding  the physical and behavioral indicators of child abuse
 and maltreatment and the statutory reporting  requirements  set  out  in
 sections four hundred thirteen through four hundred twenty of the social
 services  law,  including but not limited to, when and how a report must
 be made, what other actions the reporter is mandated  or  authorized  to
 take, the legal protections afforded reporters, and the consequences for
 failing to report. Such coursework or training may also include informa-
 tion  regarding  the  physical and behavioral indicators of the abuse of
 individuals with mental retardation and other developmental disabilities
 and voluntary reporting of abused or neglected adults to the office  for
 people  with  developmental  disabilities  or the local adult protective
 services unit. Each applicant shall provide the department with documen-
 tation showing that he or she has completed the required  training.  The
 department shall provide an exemption from the child abuse and maltreat-

 S. 2023                             9
 
 ment  training  requirements  to  any  applicant  who  requests  such an
 exemption and who shows, to the department's  satisfaction,  that  there
 would be no need because of the nature of his or her practice for him or
 her to complete such training;
   § 11. Section 6505-b of the education law, as amended by chapter 10 of
 the laws of 2018, is amended to read as follows:
   § 6505-b. Course  work  or  training  in  infection control practices.
 Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
 optometrist,  ATHLETIC  TRAINER  and  dental hygienist practicing in the
 state shall, on or before July first, nineteen hundred  ninety-four  and
 every  four years thereafter, complete course work or training appropri-
 ate to the professional's practice approved by the department  regarding
 infection  control, which shall include sepsis, and barrier precautions,
 including engineering and work practice  controls,  in  accordance  with
 regulatory standards promulgated by the department, in consultation with
 the department of health, which shall be consistent, as far as appropri-
 ate, with such standards adopted by the department of health pursuant to
 section  two hundred thirty-nine of the public health law to prevent the
 transmission of HIV, HBV, HCV and infections that could lead  to  sepsis
 in  the  course  of  professional practice. Each such professional shall
 document to the department at the time of registration  commencing  with
 the  first  registration  after July first, nineteen hundred ninety-four
 that the professional has completed course work or training  in  accord-
 ance with this section, provided, however that a professional subject to
 the  provisions  of  paragraph (f) of subdivision one of section twenty-
 eight hundred five-k of the public health law shall not be  required  to
 so  document.  The  department  shall  provide  an  exemption  from this
 requirement to anyone who requests such an exemption and who (i) clearly
 demonstrates to the department's satisfaction that  there  would  be  no
 need  for him or her to complete such course work or training because of
 the nature of his or her practice or (ii) that he or she  has  completed
 course work or training deemed by the department to be equivalent to the
 course  work  or  training  approved  by the department pursuant to this
 section. The department shall consult with organizations  representative
 of  professions,  institutions  and  those  with  expertise in infection
 control and HIV, HBV, HCV and infections that could lead to sepsis  with
 respect  to  the  regulatory  standards  promulgated  pursuant  to  this
 section.
   § 12. Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 ATHLETIC  TRAINER;  psychologist; registered nurse; social worker; emer-
 gency medical technician; licensed  creative  arts  therapist;  licensed
 marriage   and  family  therapist;  licensed  mental  health  counselor;

 S. 2023                            10
 
 licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
 analyst assistant; hospital personnel engaged in the admission, examina-
 tion,  care  or  treatment of persons; a Christian Science practitioner;
 school  official,  which  includes but is not limited to school teacher,
 school guidance counselor, school psychologist,  school  social  worker,
 school nurse, school administrator or other school personnel required to
 hold  a teaching or administrative license or certificate; full or part-
 time compensated school employee required to hold a  temporary  coaching
 license  or  professional  coaching certificate; social services worker;
 employee of a publicly-funded emergency shelter for families with  chil-
 dren;  director of a children's overnight camp, summer day camp or trav-
 eling summer day camp, as such camps are  defined  in  section  thirteen
 hundred  ninety-two  of  the  public health law; day care center worker;
 school-age child care worker; provider of family  or  group  family  day
 care;  employee or volunteer in a residential care facility for children
 that is licensed, certified or operated by the office  of  children  and
 family  services;  or any other child care or foster care worker; mental
 health professional; substance abuse  counselor;  alcoholism  counselor;
 all persons credentialed by the office of alcoholism and substance abuse
 services;  employees,  who  are expected to have regular and substantial
 contact with children, of a health home or health home  care  management
 agency contracting with a health home as designated by the department of
 health  and  authorized under section three hundred sixty-five-l of this
 chapter or such employees who provide home and community based  services
 under a demonstration program pursuant to section eleven hundred fifteen
 of  the federal social security act who are expected to have regular and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district  attorney or assistant district attorney; investigator employed
 in the office of a district attorney; or other law enforcement official.
   § 13. This act shall take effect two years after it shall have  become
 a  law,  provided,  however, that section 8356-a of the education law as
 added by section seven of this act shall take effect  five  years  after
 this  act  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2023--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced by Sens. MAY, JACKSON, MANNION, RIVERA, SKOUFIS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Higher  Education  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law,  in  relation  to  the  licensure  of
   athletic  trainers;  and to amend the social services law, in relation
   to adding athletic trainers to  the  list  of  persons  and  officials
   required to report cases of suspected child abuse or maltreatment
 
   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  OF THE PRACTICE OF ATHLETIC TRAINING.  [As used in
 this article
   "athletic trainer" means any person who is duly certified  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.] 1. DEFINITION. THE PRACTICE OF THE  PROFESSION  OF  ATHLETIC
 TRAINING  IS  PERFORMED  BY  ATHLETIC TRAINERS WHO ARE DEFINED AS HEALTH
 CARE PROFESSIONALS, AND IS DEFINED AS:
   (A) THE PREVENTION, RECOGNITION, EXAMINATION, EVALUATION,  ASSESSMENT,
 MANAGEMENT, TREATMENT AND REHABILITATION OF ATHLETIC INJURIES THAT OCCUR
 IN  ACTIVE  INDIVIDUALS.    ATHLETIC  TRAINING INVOLVES THE RECOGNITION,
 EVALUATION, AND ASSISTANCE IN THE MANAGEMENT OF SPORT-RELATED  ILLNESSES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04477-04-1

 S. 2023--A                          2
 
 AND  MEDICAL  CONDITIONS,  PURSUANT TO THE ATHLETIC TRAINER'S EDUCATION,
 EXPERIENCE, AND COMPETENCIES.
   (B)  THE  WORK OF ATHLETIC TRAINING IS PERFORMED UNDER THE SUPERVISION
 OF A PHYSICIAN PURSUANT TO A  STANDARD  WRITTEN  PROTOCOL  FOR  ATHLETIC
 TRAINING  SERVICES.  SUPERVISION  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.
   (C) THE PRACTICE OF ATHLETIC TRAINING MAY INCLUDE USE OF VARIOUS CLIN-
 ICALLY APPROPRIATE THERAPEUTIC MODALITIES AND TECHNIQUES.
   (D) The scope of work described [herein  shall  not  be  construed  as
 authorizing  the  reconditioning  of  neurologic injuries, conditions or
 disease] 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 PROCESSES WITH THE
 EXCEPTION OF INITIAL EVALUATION  AND  TRIAGE  OF  EMERGENT  NEUROLOGICAL
 CONDITIONS  SUCH AS POTENTIAL CONCUSSIONS, SPINAL CORD INJURIES OR NERVE
 INJURIES RESULTING FROM PARTICIPATION IN  AN  ATHLETIC  ENDEAVOR,  WHILE
 TRAINING,  OR  ENGAGED  IN PERFORMING ARTS, PUBLIC PROTECTION, EMERGENCY
 SERVICES, OR MILITARY SERVICE, OR DURING ADAPTIVE ATHLETICS.   ONCE  THE
 INDIVIDUAL HAS BEEN CLEARED BY A SUPERVISING PHYSICIAN, AFTER SUSTAINING
 SUCH  AN  INJURY,  THE  ATHLETIC  TRAINER SHALL WORK WITH THE INDIVIDUAL
 PURSUANT TO STANDARD WRITTEN PROTOCOL TO MANAGE, MONITOR AND TREAT  SUCH
 INJURIES  FOR  PARTICIPATION IN REHABILITATION FOR AN ATHLETIC ENDEAVOR,
 WHILE TRAINING, ENGAGING IN PERFORMING ARTS, PUBLIC PROTECTION, EMERGEN-
 CY SERVICES, MILITARY SERVICES OR DURING ADAPTIVE ATHLETICS.    ATHLETIC
 TRAINERS SHALL WORK WITH INDIVIDUALS PURSUANT TO STANDARD WRITTEN PROTO-
 COL  TO  MANAGE,  MONITOR  AND  TREAT SUCH INJURIES FOR PARTICIPATION IN
 REHABILITATION FOR AN ATHLETIC ENDEAVOR,  WHILE  TRAINING,  ENGAGING  IN
 PERFORMING   ARTS,   PUBLIC  PROTECTION,  EMERGENCY  SERVICES,  MILITARY
 SERVICES OR DURING ADAPTIVE ATHLETICS.
   (E) ATHLETIC TRAINING INCLUDES EDUCATION AND INSTRUCTION  TO  COACHES,
 ATHLETES, ACTIVE INDIVIDUALS, PARENTS, MEDICAL PERSONNEL AND COMMUNITIES
 IN  THE AREA OF CARE AND PREVENTION OF ATHLETIC INJURIES, SPORTS-RELATED
 ILLNESSES AND MEDICAL CONDITIONS.
   2. BOUNDARIES OF PROFESSIONAL PRACTICE. ANY INDIVIDUAL  WHOSE  LICENSE
 OR  AUTHORITY  TO  PRACTICE  DERIVES FROM THE PROVISIONS OF THIS ARTICLE
 SHALL BE  PROHIBITED  FROM  PRESCRIBING  ANY  MEDICATION  OR  CONTROLLED
 SUBSTANCE  OR  PERFORMING SURGERY, SUTURING, OR ANY INVASIVE PROCEDURES,
 IN WHICH HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE PIERCED  BY  MECHAN-
 ICAL  OR  OTHER  MEANS,  INCLUDING  NEEDLES, EXCEPT THAT NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PROHIBIT THE USE OF AN  EPINEPHRINE  AUTO-
 INJECTOR  DEVICE  PURSUANT  TO  SECTION  THREE  THOUSAND-C OF THE PUBLIC
 HEALTH LAW.
   § 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] DEFINITIONS RELATED TO 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 appropriate preventative and support-
 ive devices, under  the  supervision  of  a  physician  and  recognizing
 illness  and  referring  to  the  appropriate  medical professional with
 implementation of treatment pursuant  to  physician's  orders.  Athletic
 training  includes  instruction  to  coaches, athletes, parents, medical

 S. 2023--A                          3

 personnel and communities in the area of care and prevention of athletic
 injuries.
   The scope of work described herein shall not be construed as authoriz-
 ing  the  reconditioning of neurologic injuries, conditions or disease.]
 AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "EMERGENT"  SHALL  MEAN  A SERIOUS, UNEXPECTED AND OFTEN DANGEROUS
 SITUATION REQUIRING IMMEDIATE ACTION.
   2. "SUPERVISION" SHALL MEAN BY A PHYSICIAN AND 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, AND SHALL FURTHER INCLUDE USE OF STANDARD  WRITTEN  PROTOCOLS
 FOR ATHLETIC TRAINING SERVICES DEVELOPED IN CONSULTATION WITH THE SUPER-
 VISING PHYSICIAN.
   3.  "SPORT-RELATED  ILLNESSES  AND  MEDICAL CONDITIONS" SHALL MEAN ANY
 DISEASE, DISORDER, SICKNESS OR AFFLICTION  THAT  ARISES  FROM  OR  IS  A
 MANIFESTATION  OF  A  PHYSICALLY ACTIVE INDIVIDUAL'S PARTICIPATION IN AN
 EXERCISE, A SPORT, A GAME, A RECREATIONAL ACTIVITY OR OTHER ACTIVITY, OR
 ANY OTHER CONDITION, THAT  MAY  REQUIRE  IMMEDIATE  INTERVENTION  BY  AN
 ATHLETIC  TRAINER,  ACTING WITH THE CONSENT AND UNDER THE DIRECTION OF A
 PHYSICIAN.
   4. "STANDARD WRITTEN PROTOCOL" SHALL MEAN A WRITTEN AGREEMENT OR OTHER
 DOCUMENT DEVELOPED IN CONJUNCTION WITH THE SUPERVISING PHYSICIAN,  WHICH
 IDENTIFIES  AND  IS SIGNED BY THE SUPERVISING PHYSICIAN AND THE LICENSED
 ATHLETIC TRAINER, AND DESCRIBES THE MANNER AND FREQUENCY  IN  WHICH  THE
 LICENSED  ATHLETIC  TRAINER  REGULARLY COMMUNICATES WITH THE SUPERVISING
 PHYSICIAN AND  INCLUDES  STANDARD  OPERATING  PROCEDURES,  DEVELOPED  IN
 AGREEMENT  WITH THE SUPERVISING PHYSICIAN AND LICENSED ATHLETIC TRAINER,
 THAT THE LICENSED ATHLETIC TRAINER FOLLOWS WHEN NOT DIRECTLY  SUPERVISED
 ONSITE BY THE SUPERVISING PHYSICIAN.
   5.  "ACTIVE  INDIVIDUAL" SHALL MEAN ONE WHO ENGAGES IN ACTIVITIES THAT
 REQUIRE A HIGH DEGREE OF PHYSICAL EXERTION, THAT  INVOLVE  TRAINING  AND
 WHERE INJURY OCCURS DURING SUCH TRAINING OR ATHLETIC ENDEAVOR, INCLUDING
 BUT NOT LIMITED TO ATHLETIC INDIVIDUALS, PERFORMING ARTISTS AND INDIVID-
 UALS  INVOLVED  IN  PUBLIC  PROTECTION,  EMERGENCY SERVICES, OR MILITARY
 SERVICE, OR INDIVIDUALS INVOLVED IN ADAPTIVE ATHLETICS.
   6. "ATHLETIC INJURY" SHALL MEAN ANY INJURY SUSTAINED AS  A  RESULT  OF
 PARTICIPATION  IN  AN EXERCISE, A SPORT, A GAME, A RECREATIONAL ACTIVITY
 OR ANY OTHER ACTIVITY THAT REQUIRES A LEVEL OF STRENGTH, FLEXIBILITY  OR
 AGILITY  THAT  IS  COMPARABLE  TO  THE LEVEL OF STRENGTH, FLEXIBILITY OR
 AGILITY REQUIRED FOR AN EXERCISE, A SPORT,  A  GAME  OR  A  RECREATIONAL
 ACTIVITY.
   § 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]  LICENSED athletic trainer".
 Only a person [certified] LICENSED or otherwise  authorized  under  this
 article  shall  PRACTICE ATHLETIC TRAINING OR use the title "[certified]
 LICENSED athletic trainer" OR THE ABBREVIATION "AT" IN  CONNECTION  WITH
 HIS  OR  HER  NAME  OR  WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
 PROFESSION.
   § 4. Section 8354 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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

 S. 2023--A                          4
 
 accordance with section six thousand five hundred eight of  this  title.
 The  committee shall consist of [five] SEVEN members [who], FIVE OF WHOM
 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 TITLE EIGHT  of  this  chapter.  [Notwith-
 standing  the  foregoing, 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
 THIRTY, APPLICANTS MUST HAVE RECEIVED A MASTER'S DEGREE, ITS  EQUIVALENT
 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[.]; AND
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT.
   §  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
 ACCEPTABLE BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT AS DETERMINED
 BY THE DEPARTMENT. STUDENTS ENROLLED IN  AN  ATHLETIC  TRAINING  PROGRAM
 DETERMINED  AS  ACCEPTABLE  BY  THE  DEPARTMENT  SHALL  BE IDENTIFIED AS

 S. 2023--A                          5
 
 "ATHLETIC TRAINING STUDENTS" AND SHALL ONLY PRACTICE  ATHLETIC  TRAINING
 UNDER  THE  DIRECTION  AND  SUPERVISION OF AN ATHLETIC TRAINER CURRENTLY
 LICENSED UNDER THIS ARTICLE. 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 APPROPRI-
 ATELY AUTHORIZED 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:
   (1) CLINICAL EDUCATION, PRACTICE DEMONSTRATIONS OR  CLINICAL  RESEARCH
 THAT  IS  WITHIN  THE PRACTICE OF ATHLETIC TRAINING IN CONNECTION WITH A
 PROGRAM OF BASIC CLINICAL EDUCATION, GRADUATE EDUCATION, OR  POST-GRADU-
 ATE  EDUCATION IN AN APPROVED SCHOOL OF ATHLETIC TRAINING, OR IN A CLIN-
 ICAL FACILITY, OR A HEALTH CARE AGENCY, OR FOR THE PURPOSES OF  CONTINU-
 ING  EDUCATION  NOT  TO EXCEED A DURATION OF THIRTY DAYS IN ANY CALENDAR
 YEAR, AND ANY ATHLETIC TRAINER WHO IS LICENSED IN ANOTHER STATE OR COUN-
 TRY, WHO IS VISITING AN ATHLETIC TRAINING PROGRAM,  CONDUCTING  CLINICAL
 EDUCATION  OR  CLINICAL  RESEARCH  SHALL  BE UNDER THE SUPERVISION OF AN
 ATHLETIC TRAINER LICENSED IN THE STATE AND SUCH PRACTICE SHALL BE LIMIT-
 ED TO SUCH INSTRUCTION OR RESEARCH; OR
   (2) ASSISTING IN THE CARE OF ATHLETES IN A DISCRETE SANCTIONED ATHLET-
 IC EVENT.
   2. ANY PERSON PRACTICING ATHLETIC TRAINING IN THIS STATE  PURSUANT  TO
 THIS  SUBDIVISION SHALL BE SUBJECT TO PERSONAL AND SUBJECT MATTER JURIS-
 DICTION 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 ACCEPTA-
 BLE 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 PENAL-
 TIES FOR PROFESSIONAL MISCONDUCT.
   3.  (A)  ANY  ATHLETIC TRAINER WHO IS LICENSED AND IN GOOD STANDING IN
 ANOTHER STATE OR TERRITORY, AND WHO HAS A WRITTEN AGREEMENT  TO  PROVIDE
 ATHLETIC  TRAINING  SERVICES  TO ATHLETES AND TEAM PERSONNEL OF A UNITED
 STATES SPORTS TEAM RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE  OR
 AN OUT-OF-STATE SECONDARY SCHOOL, AN INSTITUTION OF POSTSECONDARY EDUCA-
 TION,  A PROFESSIONAL ATHLETIC ORGANIZATION SPORTS TEAM, OR A PERFORMING
 ARTS TROUPE, MAY PROVIDE ATHLETIC TRAINING SERVICES TO SUCH ATHLETES AND
 TEAM PERSONNEL AT A DISCRETE SANCTIONED TEAM SPORTING EVENT OR  PERFORM-
 ANCE  IN  THIS  STATE  AS  DEFINED  BY  THE COMMISSIONER IN REGULATIONS,
 PROVIDED SUCH SERVICES ARE PROVIDED  ONLY  TO  SUCH  ATHLETES  AND  TEAM
 PERSONNEL AT THE DISCRETE SANCTIONED TEAM SPORTING EVENT OR PERFORMANCE.
 ANY  SUCH  ATHLETIC  TRAINING  SERVICES SHALL BE PROVIDED ONLY FIVE DAYS
 BEFORE THROUGH THREE DAYS AFTER EACH DISCRETE SANCTIONED  TEAM  SPORTING
 EVENT OR TRAVELING PERFORMANCE.
   (B)  ANY PERSON PRACTICING AS AN ATHLETIC TRAINER IN THIS STATE PURSU-
 ANT TO THIS SUBDIVISION SHALL BE SUBJECT TO  THE  PERSONAL  AND  SUBJECT
 MATTER  JURISDICTION  AND  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 INDIVIDUAL SHALL COMPLY
 WITH APPLICABLE PROVISIONS OF THE RULES OF THE BOARD OF REGENTS, AND THE
 REGULATIONS OF THE COMMISSIONER, RELATING  TO  PROFESSIONAL  MISCONDUCT,
 DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.

 S. 2023--A                          6
 
   4.  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.
   §  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 TWENTY-TWO, 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 TWENTY-TWO 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-

 S. 2023--A                          7
 
 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
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS TITLE.
   4. FOR PURPOSES OF THIS SECTION:
   (A) "ACCEPTABLE LEARNING ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE
 IN  PSYCHOLOGY  AND/OR  SELF-STUDY ACTIVITIES; INDEPENDENT STUDY; FORMAL
 MENTORING ACTIVITIES; PUBLICATION IN PROFESSIONAL JOURNALS; OR LECTURES,
 WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER;
 AND
   (B) "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 ORGANIZATIONS ACCEPTABLE TO  THE
 DEPARTMENT,  AND  ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS
 ACCEPTABLE TO THE DEPARTMENT.   FORMAL COURSES SHALL  BE  TAKEN  FROM  A
 SPONSOR  APPROVED  BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE,
 PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5.  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 CREDITS IN SPECIFIC SUBJECTS TO FULFILL THIS MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT.
   6. 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.
   7.  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 CERTIFIED AS AN
 ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS SECTION
 SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE TO APPLY FOR AND QUALIFY FOR
 LICENSURE AS AN ATHLETIC TRAINER WITHOUT MEETING ANY ADDITIONAL REQUIRE-
 MENTS.
   § 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

 S. 2023--A                          8
 
 death was caused by gross negligence on the part of such athletic train-
 er.    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 athlet-
 ic trainer while rendering professional services in the normal and ordi-
 nary course of his or her practice.
   §  9. Section 8358 of the education law is renumbered section 8359 and
 a new section 8358 is added to read as follows:
   § 8358. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
 PERMIT  SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
 THIS ARTICLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION, IN  ACCORDANCE
 WITH REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY NOT
 BE RENEWED.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER  THE  SUPERVISION
 OF A PHYSICIAN AS DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   §  10.  Paragraph  a of subdivision 3 of section 6507 of the education
 law, as amended by chapter 672 of the laws of 2019, is amended  to  read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing,  on or after January first, nineteen hundred ninety-one, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
 trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
 licensed clinical  social  worker,  licensed  creative  arts  therapist,
 licensed  marriage  and family therapist, licensed mental health counse-
 lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
 analyst,  [or] certified behavior analyst assistant, OR ATHLETIC TRAINER
 shall, in addition to all the other licensure, certification  or  permit
 requirements, have completed two hours of coursework or training regard-
 ing  the  identification  and reporting of child abuse and maltreatment.
 The coursework or training shall be  obtained  from  an  institution  or
 provider  which  has  been  approved  by  the department to provide such
 coursework or training. The coursework or training shall include  infor-
 mation  regarding  the physical and behavioral indicators of child abuse
 and maltreatment and the statutory reporting  requirements  set  out  in
 sections four hundred thirteen through four hundred twenty of the social
 services  law,  including but not limited to, when and how a report must
 be made, what other actions the reporter is mandated  or  authorized  to
 take, the legal protections afforded reporters, and the consequences for
 failing to report. Such coursework or training may also include informa-
 tion  regarding  the  physical and behavioral indicators of the abuse of
 individuals with mental retardation and other developmental disabilities
 and voluntary reporting of abused or neglected adults to the office  for
 people  with  developmental  disabilities  or the local adult protective
 services unit. Each applicant shall provide the department with documen-
 tation showing that he or she has completed the required  training.  The
 department shall provide an exemption from the child abuse and maltreat-

 S. 2023--A                          9
 
 ment  training  requirements  to  any  applicant  who  requests  such an
 exemption and who shows, to the department's  satisfaction,  that  there
 would be no need because of the nature of his or her practice for him or
 her to complete such training;
   § 11. Section 6505-b of the education law, as amended by chapter 10 of
 the laws of 2018, is amended to read as follows:
   § 6505-b. Course  work  or  training  in  infection control practices.
 Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
 optometrist,  ATHLETIC  TRAINER  and  dental hygienist practicing in the
 state shall, on or before July first, nineteen hundred  ninety-four  and
 every  four years thereafter, complete course work or training appropri-
 ate to the professional's practice approved by the department  regarding
 infection  control, which shall include sepsis, and barrier precautions,
 including engineering and work practice  controls,  in  accordance  with
 regulatory standards promulgated by the department, in consultation with
 the department of health, which shall be consistent, as far as appropri-
 ate, with such standards adopted by the department of health pursuant to
 section  two hundred thirty-nine of the public health law to prevent the
 transmission of HIV, HBV, HCV and infections that could lead  to  sepsis
 in  the  course  of  professional practice. Each such professional shall
 document to the department at the time of registration  commencing  with
 the  first  registration  after July first, nineteen hundred ninety-four
 that the professional has completed course work or training  in  accord-
 ance with this section, provided, however that a professional subject to
 the  provisions  of  paragraph (f) of subdivision one of section twenty-
 eight hundred five-k of the public health law shall not be  required  to
 so  document.  The  department  shall  provide  an  exemption  from this
 requirement to anyone who requests such an exemption and who (i) clearly
 demonstrates to the department's satisfaction that  there  would  be  no
 need  for him or her to complete such course work or training because of
 the nature of his or her practice or (ii) that he or she  has  completed
 course work or training deemed by the department to be equivalent to the
 course  work  or  training  approved  by the department pursuant to this
 section. The department shall consult with organizations  representative
 of  professions,  institutions  and  those  with  expertise in infection
 control and HIV, HBV, HCV and infections that could lead to sepsis  with
 respect  to  the  regulatory  standards  promulgated  pursuant  to  this
 section.
   § 12. Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 ATHLETIC  TRAINER;  psychologist; registered nurse; social worker; emer-
 gency medical technician; licensed  creative  arts  therapist;  licensed
 marriage   and  family  therapist;  licensed  mental  health  counselor;

 S. 2023--A                         10
 
 licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
 analyst assistant; hospital personnel engaged in the admission, examina-
 tion,  care  or  treatment of persons; a Christian Science practitioner;
 school  official,  which  includes but is not limited to school teacher,
 school guidance counselor, school psychologist,  school  social  worker,
 school nurse, school administrator or other school personnel required to
 hold  a teaching or administrative license or certificate; full or part-
 time compensated school employee required to hold a  temporary  coaching
 license  or  professional  coaching certificate; social services worker;
 employee of a publicly-funded emergency shelter for families with  chil-
 dren;  director of a children's overnight camp, summer day camp or trav-
 eling summer day camp, as such camps are  defined  in  section  thirteen
 hundred  ninety-two  of  the  public health law; day care center worker;
 school-age child care worker; provider of family  or  group  family  day
 care;  employee or volunteer in a residential care facility for children
 that is licensed, certified or operated by the office  of  children  and
 family  services;  or any other child care or foster care worker; mental
 health professional; substance abuse  counselor;  alcoholism  counselor;
 all persons credentialed by the office of alcoholism and substance abuse
 services;  employees,  who  are expected to have regular and substantial
 contact with children, of a health home or health home  care  management
 agency contracting with a health home as designated by the department of
 health  and  authorized under section three hundred sixty-five-l of this
 chapter or such employees who provide home and community based  services
 under a demonstration program pursuant to section eleven hundred fifteen
 of  the federal social security act who are expected to have regular and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district  attorney or assistant district attorney; investigator employed
 in the office of a district attorney; or other law enforcement official.
   § 13. This act shall take effect two years after it shall have  become
 a  law,  provided,  however, that section 8356-a of the education law as
 added by section seven of this act shall take effect  five  years  after
 this  act  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2023--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  JACKSON,  MANNION,  RATH, REICHLIN-MELNICK,
   RIVERA, SKOUFIS -- read twice and ordered printed, and when printed to
   be committed  to  the  Committee  on  Higher  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law,  in  relation  to  the  licensure  of
   athletic  trainers;  and to amend the social services law, in relation
   to adding athletic trainers to  the  list  of  persons  and  officials
   required to report cases of suspected child abuse or maltreatment
 
   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  OF THE PRACTICE OF ATHLETIC TRAINING.  [As used in
 this article
   "athletic trainer" means any person who is duly certified  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.] 1. DEFINITION. THE PRACTICE OF THE  PROFESSION  OF  ATHLETIC
 TRAINING  IS PERFORMED BY LICENSED ATHLETIC TRAINERS WHO ARE HEALTH CARE
 PROFESSIONALS, AND IS DEFINED AS:
   (A) THE PREVENTION, RECOGNITION, EXAMINATION, EVALUATION,  ASSESSMENT,
 MANAGEMENT, TREATMENT AND REHABILITATION OF ATHLETIC INJURIES THAT OCCUR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04477-05-1

 S. 2023--B                          2
 
 IN  ACTIVE  INDIVIDUALS.    ATHLETIC  TRAINING INVOLVES THE RECOGNITION,
 EVALUATION, AND ASSISTANCE IN THE MANAGEMENT OF SPORT-RELATED  ILLNESSES
 AND  MEDICAL  CONDITIONS IN ACTIVE INDIVIDUALS, PURSUANT TO THE ATHLETIC
 TRAINER'S EDUCATION, EXPERIENCE, AND COMPETENCIES.
   (B)  THE  WORK OF ATHLETIC TRAINING IS PERFORMED UNDER THE SUPERVISION
 OF A PHYSICIAN PURSUANT TO A  STANDARD  WRITTEN  PROTOCOL  FOR  ATHLETIC
 TRAINING  SERVICES.  SUPERVISION  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.
   (C) THE PRACTICE OF ATHLETIC TRAINING MAY INCLUDE USE OF VARIOUS CLIN-
 ICALLY APPROPRIATE THERAPEUTIC MODALITIES AND TECHNIQUES.    SUCH  CLIN-
 ICALLY APPROPRIATE THERAPEUTIC MODALITIES AND TECHNIQUES INCLUDE THE USE
 OF  PHYSICAL,  CHEMICAL, AND MECHANICAL MEANS INCLUDING, BUT NOT LIMITED
 TO, USE OF HEAT, COLD, LIGHT, AIR, WATER, SOUND,  ELECTRICITY,  MASSAGE,
 MOBILIZATION,  AND  THERAPEUTIC  EXERCISE.  SUCH  CLINICALLY APPROPRIATE
 THERAPEUTIC MODALITIES MAY INCLUDE APPROPRIATE PREVENTATIVE AND SUPPORT-
 IVE DEVICES AND/OR TEMPORARY SPLINTING  OR  BRACING.    SUCH  CLINICALLY
 APPROPRIATE THERAPEUTIC MODALITIES INCLUDE THE PERFORMANCE AND INTERPRE-
 TATION OF TESTS AND MEASUREMENTS TO ASSESS PATHOPHYSIOLOGICAL AND PATHO-
 MECHANICAL  DEFICITS OF THE HUMAN SYSTEMS TO DETERMINE TREATMENT, AND TO
 ASSIST IN THE PLANNING OF REHABILITATION  FOR  RECOVERY  AND  RETURN  TO
 ACTIVITY.
   (D)  The  scope  of  work  described [herein shall not be construed as
 authorizing the reconditioning of  neurologic  injuries,  conditions  or
 disease]  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 PROCESSES WITH THE
 EXCEPTION  OF  INITIAL  EVALUATION  AND  TRIAGE OF EMERGENT NEUROLOGICAL
 CONDITIONS SUCH AS POTENTIAL CONCUSSIONS, SPINAL CORD INJURIES OR  NERVE
 INJURIES  RESULTING  FROM  PARTICIPATION  IN AN ATHLETIC ENDEAVOR, WHILE
 TRAINING, OR ENGAGED IN PERFORMING ARTS,  PUBLIC  PROTECTION,  EMERGENCY
 SERVICES,  OR  DURING ADAPTIVE ATHLETICS.   ONCE THE INDIVIDUAL HAS BEEN
 CLEARED BY A SUPERVISING PHYSICIAN, AFTER SUSTAINING SUCH AN INJURY, THE
 ATHLETIC TRAINER SHALL WORK WITH THE  INDIVIDUAL  PURSUANT  TO  STANDARD
 WRITTEN  PROTOCOL TO MANAGE, MONITOR AND TREAT SUCH INJURIES FOR PARTIC-
 IPATION IN REHABILITATION FOR  AN  ATHLETIC  ENDEAVOR,  WHILE  TRAINING,
 ENGAGING  IN  PERFORMING ARTS, PUBLIC PROTECTION, EMERGENCY SERVICES, OR
 DURING ADAPTIVE ATHLETICS.
   (E) ATHLETIC TRAINING INCLUDES EDUCATION AND INSTRUCTION  TO  COACHES,
 ATHLETES, ACTIVE INDIVIDUALS, PARENTS, MEDICAL PERSONNEL AND COMMUNITIES
 IN  THE AREA OF CARE AND PREVENTION OF ATHLETIC INJURIES, SPORTS-RELATED
 ILLNESSES AND MEDICAL CONDITIONS.
   2. BOUNDARIES OF PROFESSIONAL PRACTICE.
   (A) ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
 THE PROVISIONS OF THIS ARTICLE SHALL BE PRACTICING BEYOND THE BOUNDARIES
 OF PROFESSIONAL  PRACTICE  IF  SUCH  INDIVIDUAL  PROVIDES  SERVICES  NOT
 AUTHORIZED  PURSUANT TO THE STANDARD WRITTEN PROTOCOL, AND SUCH INDIVID-
 UAL SHALL BE PROHIBITED FROM PRESCRIBING ANY  MEDICATION  OR  CONTROLLED
 SUBSTANCE  OR  PERFORMING SURGERY, SUTURING, OR ANY INVASIVE PROCEDURES,
 IN WHICH HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE PIERCED  BY  MECHAN-
 ICAL  OR  OTHER  MEANS,  INCLUDING  NEEDLES, EXCEPT THAT NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PROHIBIT THE USE OF AN  EPINEPHRINE  AUTO-
 INJECTOR  DEVICE  PURSUANT  TO  SECTION  THREE  THOUSAND-C OF THE PUBLIC
 HEALTH LAW.

 S. 2023--B                          3
 
   (B) THE STANDARD WRITTEN PROTOCOL SHALL  INCLUDE  EXPLICIT  PROVISIONS
 FOR THE RESOLUTION OF ANY DISAGREEMENT BETWEEN THE SUPERVISING PHYSICIAN
 AND  THE  ATHLETIC  TRAINER. TO THE EXTENT THE STANDARD WRITTEN PROTOCOL
 DOES NOT SO PROVIDE, THEN THE  SUPERVISING  PHYSICIAN'S  DECISION  SHALL
 PREVAIL.
   §  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] DEFINITIONS  RELATED  TO  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 appropriate preventative and support-
 ive  devices,  under  the  supervision  of  a  physician and recognizing
 illness and referring  to  the  appropriate  medical  professional  with
 implementation  of  treatment  pursuant  to physician's orders. Athletic
 training includes instruction to  coaches,  athletes,  parents,  medical
 personnel and communities in the area of care and prevention of athletic
 injuries.
   The scope of work described herein shall not be construed as authoriz-
 ing  the  reconditioning of neurologic injuries, conditions or disease.]
 AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "EMERGENT"  SHALL  MEAN  A SERIOUS, UNEXPECTED AND OFTEN DANGEROUS
 SITUATION REQUIRING IMMEDIATE ACTION.
   2. "SUPERVISION" SHALL MEAN BY A PHYSICIAN AND 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, AND SHALL FURTHER INCLUDE USE OF STANDARD  WRITTEN  PROTOCOLS
 FOR ATHLETIC TRAINING SERVICES DEVELOPED IN CONSULTATION WITH THE SUPER-
 VISING PHYSICIAN.
   3.  "SPORT-RELATED  ILLNESSES  AND  MEDICAL CONDITIONS" SHALL MEAN ANY
 EMERGENT DISEASE, DISORDER, SICKNESS OR AFFLICTION THAT ARISES  FROM  OR
 IS  AN ACUTE MANIFESTATION OF AN ACTIVE INDIVIDUAL'S PARTICIPATION IN AN
 EXERCISE, A SPORT, A GAME, OR A RECREATIONAL ACTIVITY, OR OTHER EMERGENT
 CONDITION THAT MAY REQUIRE IMMEDIATE INTERVENTION BY AN ATHLETIC  TRAIN-
 ER, ACTING WITH THE CONSENT AND UNDER THE DIRECTION OF A PHYSICIAN.
   4. "STANDARD WRITTEN PROTOCOL" SHALL MEAN WRITTEN PROTOCOLS, RECOMMEN-
 DATIONS,  OR  GUIDELINES  TO WORK WITH AN ACTIVE INDIVIDUAL WHO REQUIRES
 ATHLETIC TRAINING SERVICES AND THAT: (A) ARE  CREATED  IN  COLLABORATION
 WITH THE LICENSED ATHLETIC TRAINER AND THE SUPERVISING PHYSICIAN AND ARE
 SIGNED IN AGREEMENT BY THE LICENSED ATHLETIC TRAINER AND THE SUPERVISING
 PHYSICIAN;  (B)  ARE  FOLLOWED  BY  A  LICENSED  ATHLETIC  TRAINER WHILE
 PERFORMING ATHLETIC TRAINING WITH THE CONSENT OF, AND WHEN NOT  DIRECTLY
 SUPERVISED  ONSITE,  BY  THE  SUPERVISING  PHYSICIAN;  (C)  ARE ANNUALLY
 REVIEWED AND RENEWED BY THE SUPERVISING PHYSICIAN AND LICENSED  ATHLETIC
 TRAINER  TO ENSURE QUALITY CARE; (D) REQUIRE THE AVAILABILITY OF ONGOING
 COMMUNICATION BETWEEN THE SUPERVISING PHYSICIAN AND THE LICENSED ATHLET-
 IC TRAINER; AND (E) INCLUDE A PLAN FOR EMERGENCY SITUATIONS, APPROPRIATE
 TREATMENT AND REHABILITATION FOR SPECIFIC  INJURIES  OR  ILLNESSES,  AND
 INSTRUCTIONS FOR THE TREATMENT AND MANAGEMENT OF SPINAL CORD INJURIES.
   5.  "ACTIVE  INDIVIDUAL" SHALL MEAN ONE WHO ENGAGES IN ACTIVITIES THAT
 REQUIRE A HIGH DEGREE OF PHYSICAL EXERTION, THAT  INVOLVE  TRAINING  AND
 WHERE INJURY OCCURS DURING SUCH TRAINING OR ATHLETIC ENDEAVOR, INCLUDING
 ATHLETIC  INDIVIDUALS,  PERFORMING  ARTISTS  AND INDIVIDUALS INVOLVED IN

 S. 2023--B                          4
 
 PUBLIC PROTECTION, EMERGENCY SERVICES, OR INDIVIDUALS INVOLVED IN  ADAP-
 TIVE ATHLETICS.
   6.  "ATHLETIC  INJURY"  SHALL MEAN ANY INJURY SUSTAINED AS A RESULT OF
 PARTICIPATION IN AN EXERCISE, A SPORT, A GAME, A  RECREATIONAL  ACTIVITY
 OR  ANY OTHER ACTIVITY THAT REQUIRES A LEVEL OF STRENGTH, FLEXIBILITY OR
 AGILITY THAT IS COMPARABLE TO THE  LEVEL  OF  STRENGTH,  FLEXIBILITY  OR
 AGILITY  REQUIRED  FOR  AN  EXERCISE,  A SPORT, A GAME OR A RECREATIONAL
 ACTIVITY.
   § 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]  LICENSED  athletic  trainer".
 Only  a  person  [certified] LICENSED or otherwise authorized under this
 article shall PRACTICE ATHLETIC TRAINING OR use the  title  "[certified]
 LICENSED  athletic  trainer" OR THE ABBREVIATION "AT" IN CONNECTION WITH
 HIS OR HER NAME OR WITH ANY TRADE NAME IN THE  CONDUCT  OF  HIS  OR  HER
 PROFESSION.
   § 4. Section 8354 of the education law, as added by chapter 798 of the
 laws of 1992, is amended to read as follows:
   § 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 [who], FIVE OF  WHOM
 are  athletic trainers [certified] LICENSED in this state, ONE PHYSICIAN
 WHO IS LICENSED IN THE STATE OF NEW YORK 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 medicine 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 TITLE EIGHT of this chapter. [Notwith-
 standing the foregoing, 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, AFTER  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 THIRTY,  APPLICANTS MUST HAVE RECEIVED A MASTER'S DEGREE, ITS EQUIVALENT
 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[.]; AND

 S. 2023--B                          5
 
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   §  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
 ACCEPTABLE BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT AS DETERMINED
 BY THE DEPARTMENT. STUDENTS ENROLLED IN  AN  ATHLETIC  TRAINING  PROGRAM
 DETERMINED  AS  ACCEPTABLE  BY  THE  DEPARTMENT  SHALL  BE IDENTIFIED AS
 "ATHLETIC TRAINING STUDENTS" AND SHALL ONLY PRACTICE  ATHLETIC  TRAINING
 UNDER  THE  DIRECTION  AND  SUPERVISION OF AN ATHLETIC TRAINER CURRENTLY
 LICENSED UNDER THIS ARTICLE. 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  APPROPRI-
 ATELY  AUTHORIZED  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:
   (1)  CLINICAL  EDUCATION, PRACTICE DEMONSTRATIONS OR CLINICAL RESEARCH
 THAT IS WITHIN THE PRACTICE OF ATHLETIC TRAINING IN  CONNECTION  WITH  A
 PROGRAM  OF BASIC CLINICAL EDUCATION, GRADUATE EDUCATION, OR POST-GRADU-
 ATE EDUCATION IN AN APPROVED SCHOOL OF ATHLETIC TRAINING, OR IN A  CLIN-
 ICAL  FACILITY, OR A HEALTH CARE AGENCY, OR FOR THE PURPOSES OF CONTINU-
 ING EDUCATION NOT TO EXCEED A DURATION OF THIRTY DAYS  IN  ANY  CALENDAR
 YEAR, AND ANY ATHLETIC TRAINER WHO IS LICENSED IN ANOTHER STATE OR COUN-
 TRY,  WHO  IS VISITING AN ATHLETIC TRAINING PROGRAM, CONDUCTING CLINICAL
 EDUCATION OR CLINICAL RESEARCH SHALL BE  UNDER  THE  SUPERVISION  OF  AN
 ATHLETIC TRAINER LICENSED IN THE STATE AND SUCH PRACTICE SHALL BE LIMIT-
 ED TO SUCH INSTRUCTION OR RESEARCH; OR
   (2) ASSISTING IN THE CARE OF ATHLETES IN A DISCRETE SANCTIONED ATHLET-
 IC EVENT.
   2.  ANY  PERSON PRACTICING ATHLETIC TRAINING IN THIS STATE PURSUANT TO
 THIS SUBDIVISION SHALL BE SUBJECT TO PERSONAL AND SUBJECT MATTER  JURIS-
 DICTION  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  ACCEPTA-
 BLE 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

 S. 2023--B                          6
 
 RELATING TO PROFESSIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENAL-
 TIES FOR PROFESSIONAL MISCONDUCT.
   3.  (A)  ANY  ATHLETIC TRAINER WHO IS LICENSED AND IN GOOD STANDING IN
 ANOTHER STATE OR TERRITORY, AND WHO HAS A WRITTEN AGREEMENT  TO  PROVIDE
 ATHLETIC  TRAINING  SERVICES  TO ATHLETES AND TEAM PERSONNEL OF A UNITED
 STATES SPORTS TEAM RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE  OR
 AN OUT-OF-STATE SECONDARY SCHOOL, AN INSTITUTION OF POSTSECONDARY EDUCA-
 TION,  A PROFESSIONAL OR AMATEUR ATHLETIC ORGANIZATION SPORTS TEAM, OR A
 PERFORMING ARTS TROUPE, MAY PROVIDE ATHLETIC TRAINING SERVICES  TO  SUCH
 ATHLETES AND TEAM PERSONNEL AT A DISCRETE SANCTIONED TEAM SPORTING EVENT
 OR  PERFORMANCE  IN  THIS  STATE AS DEFINED BY THE COMMISSIONER IN REGU-
 LATIONS, PROVIDED SUCH SERVICES ARE PROVIDED ONLY TO SUCH  ATHLETES  AND
 TEAM  PERSONNEL  AT  THE  DISCRETE  SANCTIONED  TEAM  SPORTING  EVENT OR
 PERFORMANCE. ANY SUCH ATHLETIC TRAINING SERVICES SHALL BE PROVIDED  ONLY
 FIVE  DAYS BEFORE THROUGH THREE DAYS AFTER EACH DISCRETE SANCTIONED TEAM
 SPORTING EVENT OR TRAVELING PERFORMANCE.
   (B) ANY PERSON PRACTICING AS AN ATHLETIC TRAINER IN THIS STATE  PURSU-
 ANT  TO  THIS  SUBDIVISION  SHALL BE SUBJECT TO THE PERSONAL AND SUBJECT
 MATTER JURISDICTION AND 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 INDIVIDUAL SHALL  COMPLY
 WITH APPLICABLE PROVISIONS OF THE RULES OF THE BOARD OF REGENTS, AND THE
 REGULATIONS  OF  THE  COMMISSIONER, RELATING TO PROFESSIONAL MISCONDUCT,
 DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
   4. 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.
   § 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

 S. 2023--B                          7
 
 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 TWENTY, SHALL COMPLETE CONTINUING EDUCATION
 HOURS ON A PRORATED BASIS AT THE RATE OF ONE  HOUR  PER  MONTH  FOR  THE
 PERIOD  BEGINNING  JANUARY  FIRST,  TWO THOUSAND TWENTY 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
 SHALL 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
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS TITLE.
   4. FOR PURPOSES OF THIS SECTION:
   (A) "ACCEPTABLE LEARNING ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE
 IN  ATHLETIC  TRAINING  AND/OR SELF-STUDY ACTIVITIES; INDEPENDENT STUDY;
 FORMAL MENTORING ACTIVITIES; PUBLICATION IN  PROFESSIONAL  JOURNALS;  OR
 LECTURES,  WHICH  MEET  THE  STANDARDS  PRESCRIBED BY REGULATIONS OF THE
 COMMISSIONER; AND
   (B) "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 ORGANIZATIONS ACCEPTABLE TO THE
 DEPARTMENT, AND ANY OTHER ORGANIZED EDUCATIONAL AND  TECHNICAL  PROGRAMS
 ACCEPTABLE  TO  THE  DEPARTMENT.    FORMAL COURSES SHALL BE TAKEN FROM A
 SPONSOR APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION  AND  FEE,
 PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5.   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 CREDITS IN SPECIFIC SUBJECTS TO FULFILL THE MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT.
   6. 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

 S. 2023--B                          8
 
 AN ACT OF MISCONDUCT SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   7.  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 CERTIFIED AS AN
 ATHLETIC TRAINER BY THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS SECTION
 SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE TO APPLY FOR AND QUALIFY FOR
 LICENSURE AS AN ATHLETIC TRAINER WITHOUT MEETING ANY ADDITIONAL REQUIRE-
 MENTS.
   § 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 athletic train-
 er.    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 athlet-
 ic trainer while rendering professional services in the normal and ordi-
 nary course of his or her practice.
   §  9. Section 8358 of the education law is renumbered section 8359 and
 a new section 8358 is added to read as follows:
   § 8358. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
 PERMIT  SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
 THIS ARTICLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION, IN  ACCORDANCE
 WITH REGULATIONS PROMULGATED THEREFOR.
   2.  LIMITED  PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS SHALL
 NOT BE RENEWED.
   3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 SEVENTY DOLLARS.
   4.  A  LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER THE SUPERVISION
 OF A PHYSICIAN AS DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   § 10. Paragraph a of subdivision 3 of section 6507  of  the  education
 law,  as  amended by chapter 672 of the laws of 2019, is amended to read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing, on or after January first, nineteen hundred ninety-one,  initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician,  chiropractor, dentist, registered nurse, podiatrist, optome-

 S. 2023--B                          9
 
 trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
 licensed  clinical  social  worker,  licensed  creative  arts therapist,
 licensed marriage and family therapist, licensed mental  health  counse-
 lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
 analyst, [or] certified behavior analyst assistant, OR ATHLETIC  TRAINER
 shall,  in  addition to all the other licensure, certification or permit
 requirements, have completed two hours of coursework or training regard-
 ing the identification and reporting of child  abuse  and  maltreatment.
 The  coursework  or  training  shall  be obtained from an institution or
 provider which has been approved  by  the  department  to  provide  such
 coursework  or training. The coursework or training shall include infor-
 mation regarding the physical and behavioral indicators of  child  abuse
 and  maltreatment  and  the  statutory reporting requirements set out in
 sections four hundred thirteen through four hundred twenty of the social
 services law, including but not limited to, when and how a  report  must
 be  made,  what  other actions the reporter is mandated or authorized to
 take, the legal protections afforded reporters, and the consequences for
 failing to report. Such coursework or training may also include informa-
 tion regarding the physical and behavioral indicators of  the  abuse  of
 individuals with mental retardation and other developmental disabilities
 and  voluntary reporting of abused or neglected adults to the office for
 people with developmental disabilities or  the  local  adult  protective
 services unit. Each applicant shall provide the department with documen-
 tation  showing  that he or she has completed the required training. The
 department shall provide an exemption from the child abuse and maltreat-
 ment training  requirements  to  any  applicant  who  requests  such  an
 exemption  and  who  shows, to the department's satisfaction, that there
 would be no need because of the nature of his or her practice for him or
 her to complete such training;
   § 11. Section 6505-b of the education law, as amended by chapter 10 of
 the laws of 2018, is amended to read as follows:
   § 6505-b. Course work or  training  in  infection  control  practices.
 Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
 optometrist, ATHLETIC TRAINER and dental  hygienist  practicing  in  the
 state  shall,  on or before July first, nineteen hundred ninety-four and
 every four years thereafter, complete course work or training  appropri-
 ate  to the professional's practice approved by the department regarding
 infection control, which shall include sepsis, and barrier  precautions,
 including  engineering  and  work  practice controls, in accordance with
 regulatory standards promulgated by the department, in consultation with
 the department of health, which shall be consistent, as far as appropri-
 ate, with such standards adopted by the department of health pursuant to
 section two hundred thirty-nine of the public health law to prevent  the
 transmission  of  HIV, HBV, HCV and infections that could lead to sepsis
 in the course of professional practice.  Each  such  professional  shall
 document  to  the department at the time of registration commencing with
 the first registration after July first,  nineteen  hundred  ninety-four
 that  the  professional has completed course work or training in accord-
 ance with this section, provided, however that a professional subject to
 the provisions of paragraph (f) of subdivision one  of  section  twenty-
 eight  hundred  five-k of the public health law shall not be required to
 so document.  The  department  shall  provide  an  exemption  from  this
 requirement to anyone who requests such an exemption and who (i) clearly
 demonstrates  to  the  department's  satisfaction that there would be no
 need for him or her to complete such course work or training because  of
 the  nature  of his or her practice or (ii) that he or she has completed

 S. 2023--B                         10
 
 course work or training deemed by the department to be equivalent to the
 course work or training approved by  the  department  pursuant  to  this
 section.  The department shall consult with organizations representative
 of  professions,  institutions  and  those  with  expertise in infection
 control and HIV, HBV, HCV and infections that could lead to sepsis  with
 respect  to  the  regulatory  standards  promulgated  pursuant  to  this
 section.
   § 12. Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 ATHLETIC  TRAINER;  psychologist; registered nurse; social worker; emer-
 gency medical technician; licensed  creative  arts  therapist;  licensed
 marriage   and  family  therapist;  licensed  mental  health  counselor;
 licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
 analyst assistant; hospital personnel engaged in the admission, examina-
 tion,  care  or  treatment of persons; a Christian Science practitioner;
 school official, which includes but is not limited  to  school  teacher,
 school  guidance  counselor,  school psychologist, school social worker,
 school nurse, school administrator or other school personnel required to
 hold a teaching or administrative license or certificate; full or  part-
 time  compensated  school employee required to hold a temporary coaching
 license or professional coaching certificate;  social  services  worker;
 employee  of a publicly-funded emergency shelter for families with chil-
 dren; director of a children's overnight camp, summer day camp or  trav-
 eling  summer  day  camp,  as such camps are defined in section thirteen
 hundred ninety-two of the public health law;  day  care  center  worker;
 school-age  child  care  worker;  provider of family or group family day
 care; employee or volunteer in a residential care facility for  children
 that  is  licensed,  certified or operated by the office of children and
 family services; or any other child care or foster care  worker;  mental
 health  professional;  substance  abuse counselor; alcoholism counselor;
 all persons credentialed by the office of alcoholism and substance abuse
 services; employees, who are expected to have  regular  and  substantial
 contact  with  children, of a health home or health home care management
 agency contracting with a health home as designated by the department of
 health and authorized under section three hundred sixty-five-l  of  this
 chapter  or such employees who provide home and community based services
 under a demonstration program pursuant to section eleven hundred fifteen
 of the federal social security act who are expected to have regular  and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district attorney or assistant district attorney; investigator  employed
 in the office of a district attorney; or other law enforcement official.
   §  13. This act shall take effect two years after it shall have become
 a law, provided, however, that section 8356-a of the  education  law  as

 S. 2023--B                         11
 
 added  by  section  seven of this act shall take effect five years after
 this act shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such date.