Amendments for HB19-1083
House Journal, February 11
8 Amendment No. 1, by Representative(s) Van Winkle.
9
10 Amend printed bill, page 14, strike lines 12 through 21 and substitute:
11
12 "SECTION 14. In Colorado Revised Statutes, amend as
13 relocated by House Bill 19-1172 12-205-102 as follows:
14
15 12-205-102. Legislative declaration. The general assembly
16 hereby finds and declares that the practice of athletic training by a person
17 who does not possess a valid registration LICENSE issued pursuant to this
18 article 205 is not in the best interests of the people of the state of
19 Colorado. It is not, however, the intent of this article 205 to restrict the
20 practice of a person duly licensed, certified, or registered under any part
21 of OR article of this title 12 or other laws of this state from practicing
22 within the person's scope of practice and authority pursuant to those laws.
23
24 SECTION 15. In Colorado Revised Statutes, 12-205-104, amend
25 as relocated by House Bill 19-1172 (4)(a) introductory portion as
26 follows:
27 12-205-104. Definitions. As used in this article 205, unless the
28 context otherwise requires:
29 (4) (a) "Athletic training" means the performance of those services
30 that require the education, training, and experience required by this article
31 205 for registration LICENSURE as an athletic trainer pursuant to section
32 12-205-108. "Athletic training" includes services appropriate for the
33 prevention, recognition, assessment, management, treatment,
34 rehabilitation, and reconditioning of injuries and illnesses sustained by an
35 athlete:
36
37 SECTION 16. In Colorado Revised Statutes, amend as relocated
38 by House Bill 19-1172 12-205-105 as follows:
39 12-205-105. Use of titles restricted. Only a person registered
40 LICENSED as an athletic trainer may use the title "athletic trainer" or
41 "registered athletic trainer" "LICENSED ATHLETIC TRAINER", the letters
42 "A.T." or "A.T.C." AS A TITLE, or any other generally accepted terms,
43 letters, or figures that indicate that the person is an athletic trainer.
44 SECTION 17. In Colorado Revised Statutes, 12-205-107, amend
45 as relocated by House Bill 19-1172 (1)(a); and relocate as added by
46 Section 4 of House Bill 19-1083 (2) as follows:
47 12-205-107. License required - repeal. (1) Except as otherwise
48 provided in this article 205, in order to practice athletic training or
49 represent oneself as being able to practice athletic training in this state, a
50 person must:
51 (a) Possess a valid registration LICENSE issued by the director in
52 accordance with this article 205 and any rules adopted under this article
53 205; and
54 (2) (a) On August 2, 2019, each active athletic trainer registration
55 becomes an active athletic trainer license by operation of law. This
1 conversion does not affect any prior discipline, limitation, or condition
2 imposed on a licensee; limit the director's authority over a licensee; or
3 affect a pending investigation or administrative proceeding. The director
4 shall treat an application for an athletic trainer registration, pending as of
5 the effective date of this subsection (2), as an application for athletic
6 trainer licensure.
7 (b) This subsection (2) is repealed, effective July 1, 2024.
8 SECTION 18. In Colorado Revised Statutes, 12-205-108, amend
9 as relocated by House Bill 19-1172 (1) introductory portion, (1)(f), (2),
10 and (3) as follows:
11 12-205-108. Requirements for license - license by endorsement
12 - application - denial. (1) Every applicant for a registration LICENSE to
13 practice athletic training must have:
14 (f) Submitted additional information as requested by the director
15 to fully and fairly evaluate the applicant's qualifications for registration
16 LICENSURE and to protect public health and safety.
17 (2) When an applicant has fulfilled the requirements of subsection
18 (1) of this section, the director shall issue a registration LICENSE to the
19 applicant. The director may deny registration LICENSURE if the applicant
20 has committed an act that would be grounds for disciplinary action under
21 section 12-205-111.
22 (3) (a) An applicant for registration TO BE LICENSED by
23 endorsement, shall AN APPLICANT MUST file an application and pay a fee
24 as prescribed by the director and shall MUST hold a current, valid license
25 or registration in a jurisdiction that requires qualifications substantially
26 equivalent to those required for registration LICENSURE by subsection (1)
27 of this section.
28 (b) TO BE LICENSED BY ENDORSEMENT, an applicant for
29 registration shall MUST submit, with the application, verification that the
30 applicant has actively practiced for a period of time determined by rules
31 of the director or has otherwise maintained continued competency as
32 determined by the director.
33 (c) Upon receipt of all documents required by subsections (3)(a)
34 and (3)(b) of this section, the director shall review the application and
35 make a determination of the applicant's qualifications to be registered
36 LICENSED by endorsement.
37 (d) The director may deny the registration LICENSURE if the
38 applicant has committed an act that would be grounds for disciplinary
39 action under section 12-205-111.
40 SECTION 19. In Colorado Revised Statutes, amend as relocated
41 by House Bill 19-1172 12-205-109 as follows:
42 12-205-109. Renewal of license - fees. (1) To renew a
43 registration LICENSE issued pursuant to this article 205, a registrant shall
44 LICENSEE MUST submit an application in the form and manner designated
45 by, and shall MUST pay a renewal fee in an amount determined by, the
46 director.
47 (2) Registrations LICENSES issued pursuant to this article 205 are
48 subject to the renewal, expiration, reinstatement, and delinquency fee
49 provisions specified in section 12-20-202 (1) and (2). A person whose
50 registration LICENSE has expired is subject to the penalties provided in
51 this article 205 or section 12-20-202 (1).
52 (3) The registrant LICENSEE shall submit additional information
53 that the director requests, including evidence that the registrant LICENSEE
54 has maintained and holds a current, valid certification from the national
55 certifying agency, to fully and fairly evaluate the applicant's qualifications
1 for registration LICENSE renewal and to protect public health and safety.
2 SECTION 20. In Colorado Revised Statutes, 12-205-110, amend
3 as relocated by House Bill 19-1172 (1)(a), (1)(c)(I), (2), (3), and (5) as
4 follows:
5 12-205-110. Scope of article - exclusions - authority for clinical
6 setting - definitions. (1) Nothing in this article 205 prohibits:
7 (a) The practice of athletic training that is an integral part of a
8 program of study by students enrolled in an accredited athletic training
9 education program. Students enrolled in an accredited athletic training
10 education program shall be identified IDENTIFY THEMSELVES as "athletic
11 training students" and shall only practice athletic training under the
12 direction and immediate supervision of an athletic trainer currently
13 registered under this article 205 A LICENSEE. An athletic training student
14 shall not represent himself or herself as an athletic trainer.
15 (c) The practice of athletic training by a person who resides in
16 another state or country, is currently licensed or registered in another
17 state, or is currently certified by a national certifying agency, and is:
18 (I) Administering athletic training services to an athlete who is a
19 member of a bona fide professional or amateur sports organization or of
20 a sports team of an accredited educational institution, if the person acts
21 in accordance with rules established by the director and engages in the
22 unregistered UNLICENSED practice of athletic training for no more than
23 ninety days in any calendar year; or
24 (2) Nothing in this article 205 limits or prohibits the
25 administration of routine assistance or first aid by a person who is not a
26 registered athletic trainer LICENSEE for injuries or illnesses sustained at an
27 athletic event or program.
28 (3) Nothing in this article 205 requires an entity offering or
29 sponsoring an athletic event or regular athletic activity, including a youth
30 sports team or program whose participants are eighteen years of age or
31 younger, to employ a registered LICENSED athletic trainer.
32 (5) A registered athletic trainer LICENSEE may provide athletic
33 training services in a clinical setting to a person who is not an athlete if
34 the athletic trainer is under the direction and supervision of a
35 Colorado-licensed or otherwise lawfully practicing physician, dentist, or
36 health care professional who treats sports or musculoskeletal injuries. As
37 used in this subsection (5), "direction and supervision" means the
38 issuance of written or oral directives by the physician, dentist, or licensed
39 health care professional to the registered athletic trainer LICENSEE
40 pertaining to the athletic training services to be provided.
41 SECTION 21. In Colorado Revised Statutes, 12-205-111, amend
42 as relocated by House Bill 19-1172 (1), (2) introductory portion,
43 (2)(a)(II), (2)(b), (2)(c), (2)(d)(I), (2)(d)(II), (2)(g), and (4) as follows:
44 12-205-111. Grounds for discipline - disciplinary proceedings
45 - definitions. (1) The director may take disciplinary action against a
46 registrant LICENSEE if the director finds that the registrant LICENSEE has
47 represented himself or herself as a registered athletic trainer LICENSEE
48 after the expiration, suspension, or revocation of his or her registration
49 THE LICENSE.
50 (2) The director may take disciplinary or other action pursuant to
51 IN ACCORDANCE WITH section 12-20-404 or issue a cease-and-desist order
52 in accordance with section 12-205-112 upon reasonable grounds that the
53 registrant LICENSEE:
54 (a) Has engaged in a sexual act with a person receiving services
55 while a therapeutic relationship existed or within six months immediately
1 following termination of the therapeutic relationship. For the purposes of
2 this subsection (2)(a):
3 (II) "Therapeutic relationship" means the period beginning with
4 the initial evaluation and ending upon the written termination of
5 treatment. When an individual receiving services is an athlete
6 participating on a sports team operated under the auspices of a bona fide
7 amateur sports organization or an accredited educational institution that
8 employs the registrant LICENSEE, the therapeutic relationship exists from
9 the time the athlete becomes affiliated with the team until the affiliation
10 ends or the athletic trainer terminates the provision of athletic training
11 services to the team, whichever occurs first.
12 (b) Has falsified information in an application or has attempted to
13 obtain or has obtained a registration LICENSE by fraud, deception, or
14 misrepresentation;
15 (c) Has an alcohol use disorder, as defined in section 27-81-102,
16 or a substance use disorder, as defined in section 27-82-102, or is an
17 excessive or habitual user or abuser of alcohol or habit-forming drugs or
18 is a habitual user of a controlled substance, as defined in section
19 18-18-102 (5), or other drugs having similar effects; except that the
20 director has the discretion not to discipline the registrant LICENSEE if he
21 or she THE LICENSEE is participating in good faith in an alcohol or
22 substance use disorder treatment program approved by the director;
23 (d) (I) Has failed to notify the director, as required by section
24 12-30-108 (1), of a physical illness, physical condition, or behavioral,
25 mental health, or substance use disorder that affects the registrant's
26 LICENSEE'S ability to provide athletic training services with reasonable
27 skill and safety or that may endanger the health or safety of individuals
28 receiving athletic training services;
29 (II) Has failed to act within the limitations created by a physical
30 illness, physical condition, or behavioral, mental health, or substance use
31 disorder that renders the registrant LICENSEE unable to perform athletic
32 training with reasonable skill and safety or that may endanger the health
33 or safety of persons under his or her THE LICENSEE'S care; or
34 (g) Has practiced athletic training without a registration LICENSE;
35 (4) (a) The director may commence a proceeding to discipline a
36 registrant LICENSEE when the director has reasonable grounds to believe
37 that the registrant LICENSEE has committed an act enumerated in this
38 section.
39 (b) In any proceeding held under this section, the director may
40 accept as evidence of grounds for disciplinary action any disciplinary
41 action taken against a registrant LICENSEE in another jurisdiction if the
42 violation that prompted the disciplinary action in the other jurisdiction
43 would be grounds for disciplinary action under this article 205.
44 SECTION 22. In Colorado Revised Statutes, 12-205-113, amend
45 as relocated by House Bill 19-1172 (1), (2), and (3) as follows:
46 12-205-113. Mental or physical examination of licensees. (1) If
47 the director has reasonable cause to believe that a registrant LICENSEE is
48 unable to practice with reasonable skill and safety, the director may order
49 the registrant LICENSEE to take a mental or physical examination
50 administered by a physician or other licensed health care professional
51 designated by the director. Unless due to circumstances beyond the
52 registrant's LICENSEE'S control, if the registrant LICENSEE refuses to
53 undergo a mental or physical examination, the director may suspend the
54 person's registration LICENSE until the results of the examination are
55 known and the director has made a determination of the registrant's
1 LICENSEE'S fitness to practice. The director shall proceed with an order for
2 examination and shall make his or her THE determination in a timely
3 manner.
4 (2) The director shall include in an order requiring a registrant
5 LICENSEE to undergo a mental or physical examination the basis of the
6 director's reasonable cause to believe that the registrant LICENSEE is
7 unable to practice with reasonable skill and safety. For purposes of a
8 disciplinary proceeding authorized under this article 205, the registrant
9 LICENSEE is deemed to have waived all objections to the admissibility of
10 the examining physician's or licensed health care professional's testimony
11 or examination reports on the ground that they are privileged
12 communications.
13 (3) The registrant LICENSEE may submit to the director testimony
14 or examination reports from a physician chosen by the registrant
15 LICENSEE and pertaining to any condition that the director has alleged may
16 preclude the registrant LICENSEE from practicing with reasonable skill and
17 safety. The testimony and reports submitted by the registrant LICENSEE
18 may be considered by the director in conjunction with, but not in lieu of,
19 testimony and examination reports of the physician designated by the
20 director.
21 SECTION 23. In Colorado Revised Statutes, 12-205-114, amend
22 as relocated by House Bill 19-1172 (2) as follows:
23 12-205-114. Confidential agreement to limit practice -
108 24 violation grounds for discipline. (2) This section and section 12-30-
25 do not apply to a registrant LICENSEE subject to discipline under section
26 12-205-111 (2)(c).
27 SECTION 24. In Colorado Revised Statutes, amend as relocated
28 by House Bill 19-1172 12-205-115 as follows:
29 12-205-115. Unauthorized practice - penalties. A person who
30 practices or offers or attempts to practice athletic training without an
31 active registration LICENSE issued under this article 205 is subject to
32 penalties pursuant to section 12-20-407 (1)(b).
33 SECTION 25. Act subject to petition - effective date.
34 (1) Except as otherwise provided in subsection (2) of this section, this act
35 takes effect at 12:01 a.m. on the day following the expiration of the
36 ninety-day period after final adjournment of the general assembly (August
37 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a
38 referendum petition is filed pursuant to section 1 (3) of article V of the
39 state constitution against this act or an item, section, or part of this act
40 within such period, then the act, item, section, or part will not take effect
41 unless approved by the people at the general election to be held in
42 November 2020 and, in such case, will take effect on the date of the
43 official declaration of the vote thereon by the governor.
44 (2) Sections 14 through 24 of this act take effect only if House
45 Bill 19-1172 becomes law, in which case sections 14 through 24 take
46 effect October 1, 2019.".
47
48 As amended, ordered engrossed and placed on the Calendar for Third
49 Reading and Final Passage.
50