Amendments for SB21-147
Senate Journal, March 29
SB21-147 by Senator(s) Fields and Holbert, Ginal, Jaquez Lewis, Simpson; also Representative(s)
Froelich and Van Winkle--Concerning the continuation of the regulation of athletic trainers
by the department of regulatory agencies.
Amendment No. 1(L.004), by Senator Holbert.
Amend printed bill, page 2, after line 16 insert:
"SECTION 2. In Colorado Revised Statutes, 12-20-404, amend (4)(c);
add (3)(a)(II)(D.5), and repeal (1)(b)(II)(B), (3)(c)(V), and (5)(b)(IV) as
follows:
12-20-404. Disciplinary actions - regulator powers - disposition of
fines. (1) General disciplinary authority. If a regulator determines that an
applicant, licensee, certificate holder, or registrant has committed an act or
engaged in conduct that constitutes grounds for discipline or unprofessional
conduct under a part or article of this title 12 governing the particular profession
or occupation, the regulator may:
(b) (II) A regulator is not authorized under this subsection (1)(b) to
impose probation on a licensee, certificate holder, or registrant regulated under
the following:
(B) Article 205 of this title 12 concerning athletic trainers;
(3) Waiting period after revocation or surrender. (a) (II) In
addition, the waiting period specified in subsection (3)(a)(I) of this section
applies when a person regulated under any of the following articles surrenders
a license, certification, or registration to avoid discipline:
(D.5) ARTICLE 205 OF THIS TITLE 12 CONCERNING ATHLETIC TRAINERS;
(c) This subsection (3) does not apply to the following:
(V) Article 205 of this title 12 concerning athletic trainers;
(4) Letter of admonition. (c) This subsection (4) does not apply to the
following:
(I) Article 205 of this title 12 concerning athletic trainers; and
(II) article 310 of this title 12 concerning surgical assistants and surgical
technologists.
(5) Confidential letter of concern. (b) This subsection (5) does not
apply to the following:
(IV) Article 205 of this title 12 concerning athletic trainers; and
SECTION 3. In Colorado Revised Statutes, 12-205-104, amend (5) as
follows:
12-205-104. Definitions. As used in this article 205, unless the context
otherwise requires:
(5) "Direction of a Colorado-licensed or otherwise lawfully practicing
physician dentist, or health-care professional PHYSICIAN ASSISTANT" means the
planning of services with a physician dentist, or health-care professional
PHYSICIAN ASSISTANT LICENSED UNDER ARTICLE 240 OF THIS TITLE 12 OR
UNDER THE MEDICAL PRACTICE ACT OF ANOTHER JURISDICTION; the
development and approval by the physician dentist, or health-care professional
PHYSICIAN ASSISTANT of procedures and protocols to be followed in the event
of an injury or illness; the mutual review of the protocols on a periodic basis;
and the appropriate consultation and referral between the physician dentist, or
health-care professional PHYSICIAN ASSISTANT and the athletic trainer.
SECTION 4. In Colorado Revised Statutes, 12-205-107, amend (1)(b)
as follows:
12-205-107. License required - repeal. (1) Except as otherwise
provided in this article 205, in order to practice athletic training or represent
oneself as being able to practice athletic training in this state, a person must:
(b) Practice pursuant to the direction of a Colorado-licensed or
otherwise lawfully practicing physician dentist, or health-care professional
PHYSICIAN ASSISTANT.
SECTION 5. In Colorado Revised Statutes, 12-205-110, amend (5) as
follows:
12-205-110. Scope of article - exclusions - authority for clinical
setting - definitions. (5) A licensee may provide athletic training services in
a clinical setting to a person who is not an athlete if the athletic trainer is under
the direction and supervision of a Colorado-licensed or otherwise lawfully
practicing physician dentist, or health-care professional PHYSICIAN ASSISTANT
who treats sports or musculoskeletal injuries. As used in this subsection (5),
"direction and supervision" means the issuance of written or oral directives by
the physician dentist, or licensed health-care professional PHYSICIAN ASSISTANT
to the licensee pertaining to the athletic training services to be provided.
SECTION 6. In Colorado Revised Statutes, 12-205-111, amend (2)(c)
and (2)(j) as follows:
12-205-111. Grounds for discipline - disciplinary proceedings -
definitions. (2) The director may take disciplinary or other action in
accordance with section 12-20-404 or issue a cease-and-desist order in
accordance with section 12-205-112 upon reasonable grounds that the licensee:
(c) Has a substance use disorder, as defined in section 27-81-102, or is
an excessive or habitual user or abuser of alcohol or habit-forming drugs or is
a habitual user of a controlled substance, as defined in section 18-18-102 (5),
or other drugs having similar effects; except that the director has the discretion
not to discipline the licensee if the licensee is participating in good faith in an
alcohol or substance use disorder treatment program approved by the director
EXCESSIVELY OR HABITUALLY USES OR ABUSES OR HAS ENGAGED IN EXCESSIVE
OR HABITUAL USE OR ABUSE OF ALCOHOL, A HABIT-FORMING DRUG, A
CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 18-18-102 (5), OR ANY OTHER
DRUG HAVING SIMILAR EFFECTS; EXCEPT THAT THE DIRECTOR HAS THE
DISCRETION NOT TO DISCIPLINE THE LICENSEE IF THE LICENSEE IS PARTICIPATING
IN GOOD FAITH IN A PROGRAM APPROVED BY THE DIRECTOR DESIGNED TO END
THE EXCESSIVE OR HABITUAL USE OR ABUSE;
(j) Has failed to practice pursuant to the direction of a
Colorado-licensed or otherwise lawfully practicing physician dentist, or
health-care professional PHYSICIAN ASSISTANT;".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.