Title 22. Examining Boards
Part 40. Advisory Board of Athletic Trainers Chapter 871. Athletic Trainers
Subchapter A. General Guidelines and Requirements Amendments §871.12
The Advisory Board of Athletic Trainers (board) proposes an amendment to §871.12 and new §871.20, concerning the licensure and regulation of athletic trainers.
BACKGROUND AND PURPOSE
The proposed amendments increase the continuing education requirement for renewal of a license and specify the level of emergency cardiac care certification required for renewal, and to be maintained throughout each licensure period, in order to ensure training adequate to the needs and context of Athletic Trainers’ professional practice, and consistent with the level required for national certification.
The proposed new rule implements the requirements of Senate Bill (SB) 162 and House Bill (HB) 2254, 83rd Legislature, Regular Session, 2013, which amended Texas Occupations Code, Chapter 55, which addresses the licensing of military service members, military veterans, and military spouses.
The amendments to §871.12 propose an increase in the number of continuing education hours required to renew a license on or after September 1, 2015, from twenty to forty, which is more closely aligned to national continuing education standards for Athletic Trainers and better ensures that licensees will remain knowledgeable of current trends and developments in the industry and keep their practices aligned with current industry standards. The amendments also describe with greater specificity the level of emergency cardiac care certification required for renewal of the license, and to be maintained throughout each licensure period, in order to ensure training adequate to the needs and context of Athletic Trainers’ professional practice, and consistent with the level required for national certification.
New §871.20 is proposed to implement the requirements of SB 162 and HB 2254, relating to the occupational licensing of spouses of members of the military and the eligibility requirements for certain occupational licenses issued to applicants with military experience, and apprenticeship requirements for occupational licenses issued to applicants with military experience.
Stewart Myrick, Program Director, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to the state or local governments as a result of enforcing or administering the sections as proposed.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Mr. Myrick has also determined that there will be no effect on small businesses or micro- businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-business will not be required to alter their business practices in order to comply with the sections.
ECONOMIC COST TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT
There are no anticipated economic costs to persons who are required to comply with the sections as proposed. Although the number of continuing education hours required for renewal is being increased, there are sufficient continuing education resources available at no cost for any licensee who chooses to fulfill the requirement without additional cost to do so. There is no anticipated negative impact on local employment.
In addition, Mr. Myrick has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is that licensees will be better informed concerning current trends and developments in the industry and better prepared to keep their practices aligned with current industry standards as a result of the increased continuing education requirements. In addition, the application of more flexible standards to members of the military, their spouses, and veterans holds the potential of increasing the availability of licensed athletic trainers to the public.
The board has determined that this proposal is not a “major environmental rule” as defined by Government Code, §2001.0225. “Major environmental rule” is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is specially intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The board has determined that the proposed rules do not restrict or limit an owner’s right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.
Comments on the proposal may be submitted to Stewart Myrick, Program Director, Advisory Board of Athletic Trainers, Mail Code 1982, P.O. Box 149347, Austin, Texas 78714-9347, or by email to email@example.com. When emailing comments, please indicate “Comments on Proposed Rules” in the subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment and new rule are proposed under Texas Occupations Code, §451.103, which authorizes the board to adopt rules necessary for the performance of its duties; under Texas Occupations Code, Chapter 55, which authorizes rulemaking regarding certain licensing provisions for military service members, military veterans, and military spouses; and under SB 162, 83rd Legislature, Regular Session, 2013, which authorizes rulemaking regarding certain licensing provisions for military spouses.
The amendment and new rule affect Texas Occupations Code, Chapter 451, and Texas Occupations Code, Chapter 55.
On Thursday, March 27, 2014, Spanky Stephens, Dennis Hart, and David Anderson met with Texas Education Agency Associate Commissioner for Standards & Programs Monica Martinez, Managing Director of Curriculum Shelly Ramos, Chief Legal Counsel David A. Anderson, and Deputy Chief Legal Counsel Von Byer.
The meeting was requested to discuss the recent TEA determination regarding the certification requirements for instructors of the Texas State Athletic Trainers’ Association’s Sports Medicine I, II, and III courses. That determination was that instructors for those three state approved innovative courses are required to have a valid teaching certificate, beginning in the 2014-15 school year. The TSATA leadership requested reconsideration of the ruling, which led to this meeting.
Texas State Athletic Trainers’ Association Official Statement On ‘Friday Night Tykes’
In support of the National Athletic Trainers’ Association statement from January 2014, the TSATA would like to additionally comment regarding this issue. In Texas, as across the country, athletic trainers work hard to keep athletes safe at all levels of competition. Player safety is first and foremost in each healthcare provider’s mind, and the TSATA is also deeply disappointed with the Esquire Network’s decision to air a show that demonstrates such recklessness and disdain for safety. The television show ‘Friday Night Tykes’ undermines the great efforts athletic trainers make in communities across the country to provide excellent healthcare and safety. It is our hope that media will use its platform to positively influence youth sports through proper education, portrayal of safe sports environments for all children, and raising awareness for the employment of athletic trainers in all settings to care for the needs of student athletes.
February 3, 2014