The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    219
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. SOLAGES, HUNTER, EPSTEIN, FAHY, SANTABARBARA,
   CLARK, GUNTHER, AUBRY, KELLES,  NORRIS,  DeSTEFANO,  BRABENEC,  SIMON,
   GIBBS,  JACOBSON, SILLITTI, BUTTENSCHON, HEVESI, PAULIN, CRUZ, LAVINE,
   CUNNINGHAM,  WEPRIN,  WOERNER,  EICHENSTEIN,  GONZALEZ-ROJAS,  TAYLOR,
   PRETLOW,   WALKER,   JEAN-PIERRE,  DICKENS,  J. M. GIGLIO,  SEAWRIGHT,
   THIELE, HYNDMAN, MIKULIN, MILLER, GANDOLFO, GALLAHAN,  FITZPATRICK  --
   Multi-Sponsored  by  --  M.  of  A.  BRONSON,  STECK  -- read once and
   referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02032-01-3

 A. 219                              2
 
 TRAINING  IS PERFORMED BY LICENSED ATHLETIC TRAINERS WHO ARE HEALTH CARE
 PROVIDERS, 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
 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, USE OF HEAT,
 COLD, LIGHT, AIR, WATER, SOUND, ELECTRICITY,  MASSAGE,  AND  THERAPEUTIC
 EXERCISE. SUCH CLINICALLY APPROPRIATE THERAPEUTIC MODALITIES MAY INCLUDE
 APPROPRIATE PREVENTATIVE AND SUPPORTIVE DEVICES AND/OR TEMPORARY SPLINT-
 ING  OR  BRACING.    SUCH  CLINICALLY APPROPRIATE THERAPEUTIC MODALITIES
 INCLUDE THE EVALUATION AND ASSESSMENT 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.  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.
   (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 INDIVIDUAL
 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 OR GLUCOMETER PURSUANT TO SECTION  THREE  THOUSAND-C  OF
 THE PUBLIC HEALTH LAW.
   (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
 A. 219                              3
 
 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 OVERSIGHT BY  A  PHYSICIAN  AND  SHALL  BE
 CONTINUOUS BUT SHALL NOT BE CONSTRUED AS REQUIRING THE PHYSICAL PRESENCE
 OF  THE  SUPERVISING PHYSICIAN AT THE TIME AND PLACE WHERE SUCH SERVICES
 ARE PERFORMED, AND SHALL FURTHER INCLUDE USE OF STANDARD WRITTEN  PROTO-
 COLS  FOR  ATHLETIC TRAINING SERVICES DEVELOPED IN CONSULTATION WITH THE
 SUPERVISING 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. "ATHLETIC ENDEAVOR" SHALL  INCLUDE  TRAINING,  ADAPTIVE  ATHLETICS,
 PHYSICAL  ACTIVITY,  PERFORMING  ARTS,  PUBLIC PROTECTION, AND EMERGENCY
 SERVICES.
   5. "STANDARD WRITTEN PROTOCOL" SHALL MEAN WRITTEN PROTOCOLS, RECOMMEN-
 DATIONS, OR GUIDELINES TO  WORK  WITH  ACTIVE  INDIVIDUALS  WHO  REQUIRE
 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 THAT
 RESULT FROM ATHLETIC ENDEAVORS, AND INSTRUCTIONS FOR THE  TREATMENT  AND
 MANAGEMENT OF SPINAL CORD INJURIES.
   6.  "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
 A. 219                              4

 PUBLIC PROTECTION, EMERGENCY SERVICES, OR INDIVIDUALS INVOLVED IN  ADAP-
 TIVE ATHLETICS.
   7.  "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 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 "ATHLETIC
 TRAINER" OR "[certified] LICENSED athletic trainer" OR THE  ABBREVIATION
 "AT"  OR "LAT" 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,  PROFESSIONAL  PRACTICE,  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
 AND  CERTIFIED  BY  A  PHYSICIAN  SPECIALTY  CERTIFICATION  ORGANIZATION
 ACCEPTABLE TO THE DEPARTMENT IN THE SPECIALTIES OF  ORTHOPEDIC  SURGERY,
 PRIMARY  CARE,  FAMILY  PRACTICE, SPORTS MEDICINE, OR NEUROLOGY, AND ONE
 PUBLIC MEMBER THAT IS A CONSUMER OF THE PROFESSION.  The committee shall
 assist the state board for medicine in athletic training matters.  Nomi-
 nations  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. [Notwithstanding 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-ONE, APPLICANTS SHALL 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
 A. 219                              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
 A. 219                              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 AND  PARALYM-
 PIC  COMMITTEES  OR  AN OUT-OF-STATE SECONDARY SCHOOL, AN INSTITUTION OF
 POSTSECONDARY EDUCATION, 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 REGULATIONS, PROVIDED SUCH SERVICES ARE PROVIDED ONLY TO
 SUCH  ATHLETES AND TEAM PERSONNEL AT THE DISCRETE SANCTIONED TEAM SPORT-
 ING 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
 A. 219                              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-THREE,  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-THREE 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 SUBDI-
 VISION 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 UNDER THIS SECTION.
   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
 A. 219                              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; THE DEPARTMENT MAY FOR
 JUSTIFIABLE CAUSE RENEW A LIMITED PERMIT,  PROVIDED  THAT  NO  APPLICANT
 SHALL  PRACTICE  UNDER  ANY  LIMITED PERMIT FOR MORE THAN A TOTAL OF TWO
 YEARS.
   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 479 of the laws of 2022, 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,
 A. 219                              9
 
 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  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 appli-
 cant shall provide the department with documentation showing that he  or
 she has completed the required training. The department shall provide an
 exemption from the child abuse and maltreatment 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
 A. 219                             10
 
 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;
 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.
 A. 219                             11
 
   § 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.