NY Education Law
Article 162, Trainers, Gauthier Section 8350.
Introduction
8351. Definition. 8352. Definition of practice of athletic training. 8353. Use of the title “certified athletic trainer”. 8354. State committee for athletic trainers. 8355. Requirements and procedure for professional certification. 8356. Special provisions. 8357.
Non-liability of certified athletic trainers for first aid or emergency treatment. 8358. Separability. S 8350. Introduction. This article applies to the profession of athletic training. The general provisions of all professions contained in article one hundred thirty of this chapter shall apply to this article. S 8351.
Definition. As used in this article “athletic trainer” means any person who is duly certified in accordance with this article to perform athletic training under the supervision of a physician and limits his or her practice to secondary schools, institutions of post secondary 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.
Supervision of an athletic trainer by a physician 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. The scope of work described herein shall not be construed as authorizing the reconditioning of neurologic injuries, conditions or disease. S 8352. Definition of practice of 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 supportive 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 authorizing the reconditioning of neurologic injuries, conditions or disease. S 8353. Use of the title “certified athletic trainer”. Only a person certified or otherwise authorized under this article shall use the title “certified athletic trainer”. S 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 and professional conduct in accordance with section six thousand five hundred eight of this title. The committee shall consist of five members who are athletic trainers certified in this state. The committee shall assist the state board for medicine in athletic training matters. Nominations 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 this chapter.
Notwithstanding the foregoing, the members of the first committee need not be certified prior to their appointment to the committee. S 8355. Requirements and procedure for professional certification. For certification as a certified 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 regulations;
3. Experience: have experience in accordance with the commissioner`s regulations;
4. Examination: pass an examination in accordance with the commissioner`s regulations;
5. Age: be at least twenty-one years of age; and
6. Fees: pay a fee for an initial certificate of one hundred dollars to the department; and a fee of fifty dollars for each triennial registration period.
S 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;
(b) is certified by a United States certifying body acceptable to the department. S 8357. Non-liability of certified athletic trainers for first aid or emergency treatment. Notwithstanding any inconsistent provision of any general, special or local law, any certified 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 emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such athletic trainer.
Nothing in this section shall be deemed or construed to relieve a certified athletic trainer from liability for damages for injuries or death caused by an act or omission on the part of an athletic trainer while rendering professional services in the normal and ordinary course of his or her practice. S 8358. Separability. If any section of this article, or part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of any other section or part thereof.