Legislation

* § 8356. Special provisions. A person shall be certified without
examination 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
department; and

2. meets the requirements of subdivisions two and five of section
eight thousand three hundred fifty-five of this article and who in
addition:

(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.

* NB Effective until December 22, 2025

* § 8356. Exempt persons. This article shall not be construed to
affect or prevent:

1. 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.

2. An athletic training student from engaging in clinical practice
under the supervision of a licensed athletic trainer as part of a
program of study approved by the department.

3. An athletic trainer licensed in another state or country from
conducting a teaching clinical demonstration in connection with a
program of basic clinical education, graduate education, or
post-graduate education in an approved school of athletic training, or
in a clinical facility, or a health care agency.

4. (a) Any person who is licensed or title-protected as an athletic
trainer, or as an athletic therapist credentialed by a foreign
government and in good standing in another state, territory, or country,
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 Paralympic 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 at a secondary school, institution of postsecondary
education, professional athletic organization, amateur athletic
organization, non-profit athletic organization, dance organization,
military academy or facility of the United States, fire training program
or academy, or police training school or academy in this state, provided
such services are provided only to such athletes and team personnel at
such discrete sanctioned team sporting event or performance. Any such
athletic training services shall be provided only five days before
through three days after each such discrete sanctioned team sporting
event or traveling performance.

(b) Any person practicing as an athletic trainer in this state
pursuant 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 such person 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.

* NB Effective December 22, 2025