Chapter 45 - Athletic Trainers
CHAPTER 45 - ATHLETIC TRAINERS
33-45-101. Short title.
This chapter shall be known and may becited as the "Wyoming Athletic Trainers Licensing Act."
33-45-102. Definitions.
(a) As used in this chapter:
(i) "Athlete" means individuals associated with aneducational institution, or a professional, amateur or recreational sports clubor athletic organization participating in exercises, sports or games thatrequire physical strength, agility, flexibility, range of motion, speed orstamina;
(ii) "Athletic injury" means:
(A) An injury or athletic-related illness or both that affectsthe athlete's participation or performance in sports, games and exerciserelated to participation with an educational institution or professional,amateur or recreational sports club or organization; and
(B) A condition that is within the scope of practice of anathletic trainer identified by a directing physician as benefiting fromathletic training services.
(iii) "Board" means the state board of athletictraining created under this chapter;
(iv) "License" means a current document certifying theathletic trainer has met the qualifications required to perform the functionsand duties of an athletic trainer in this state;
(v) "Licensed athletic trainer" means a personlicensed under this chapter who meets the qualifications set by the board andpractices athletic training;
(vi) "Practice of athletic training" means theapplication of the principles and methods of prevention, recognition,evaluation and assessment of athletic injuries and illnesses, immediate care ofathletic injuries including common injuries, medical emergencies, psychosocialintervention and referral, conditioning and rehabilitative exercise,nutritional aspects of injuries and illnesses, the use of therapeuticmodalities, proper healthcare administration, professional development and theunderstanding and education of applications, precautions, interactions,indications and contraindications of pharmacology for athletes. "Practiceof athletic training" does not include the practice of physical therapy asdefined in W.S. 33-25-101(a)(i).
33-45-103. Board of athletic training established; qualifications; termof office; vacancies; removal.
(a) The state board of athletic training is created toimplement and administer this chapter.
(b) The board shall consist of the following three (3) members:
(i) Two (2) licensed athletic trainers certified by anationally accredited credentialing agency with at least five (5) years oftraining experience prior to appointment; and
(ii) One (1) licensed physician with at least five (5) yearsexperience prior to appointment.
(c) Terms of initial board members shall be staggered with one(1) member serving for one (1) year, one (1) serving for two (2) years and one(1) serving for three (3) years.
(d) The governor shall appoint the members of the board. Exceptfor initial board members as provided under subsection (c) of this section, theterm of each member shall be three (3) years. Upon expiration of their terms,members of the board shall continue to hold office until the appointment oftheir successors. No person shall serve as a member of the board for more thantwo (2) consecutive terms.
(e) A vacancy that occurs for any reason in the membership ofthe board shall be filled within thirty (30) days by the governor. A personappointed to fill a vacancy shall serve for the unexpired portion of the term.
(f) The governor may remove any member of the board as providedin W.S. 9-1-202 or upon a recommendation of a majority of the board for anyreason.
33-45-104. Board of athletic training; reimbursement of expenses.
Each member of the board shall receive thesame per diem and travel expenses provided by law for state employees whileengaged in official business or actual duties of the board. The fees andexpenses shall be paid from the funds of the board.
33-45-105. Board of athletic training; meetings.
A majority of the board constitutes aquorum for meetings and the transaction of official business. The board shallmeet as often as needed, but not less than two (2) times a year.
33-45-106. Board of athletic training; powers and duties; fees; depositin separate account to fund administration; separate account for enhancingpractice of athletic training.
(a) The board shall:
(i) Administer this chapter;
(ii) Promulgate rules and regulations as necessary to carry outthis chapter including:
(A) Continuing education requirements for the renewal oflicenses;
(B) Professional conduct;
(C) Professional licensure;
(D) Ethical standards of practice.
(iii) Approve or disapprove applications for licensure and issuelicenses;
(iv) Censure, suspend or revoke licenses as provided in thischapter and the Wyoming Administrative Procedure Act;
(v) Initiate and conduct investigations, hearings andproceedings concerning alleged violations of this chapter and board rules;
(vi) Prescribe fees in accordance with W.S. 33-1-201 forimplementing this chapter;
(vii) Keep a record of all proceedings and make available tolicensees and other concerned parties an annual report of all board action.
(b) The board may employ or contract with individuals itdetermines necessary to administer its affairs and to provide necessary supportand clerical services. Costs related to these services shall be paid from thefunds of the board.
(c) All fees collected by the board shall be deposited by thestate treasurer to the credit of the state board of athletic training account.Disbursements from the account shall not exceed the monies credited to it. Theaccount shall be used by the board to defray costs incurred in theadministration of this chapter.
(d) The board may accept federal, state, county, city orprivate funds, grants or appropriations to enhance the practice of athletictrainers. The funds shall be deposited by the state treasurer in a separateaccount. The funds shall be paid out upon an authorized voucher duly verifiedand signed by the chairman of the board, showing that the expenditure isauthorized under this chapter. Upon presentation of the voucher, the auditorshall draw the warrant upon the treasurer but no warrant shall be drawn unlesssufficient funds are in the account.
33-45-107. Licenses required; persons and practices not affected.
(a) After July 1, 2010, no person shall use any card, title,letters, insignia or abbreviation indicating that the person is a licensedathletic trainer, except under a license issued in accordance with this chapterand rules adopted pursuant to this chapter.
(b) No person licensed as an athletic trainer under this chaptershall engage in the practice of athletic training except under the direction ofa physician licensed by the Wyoming board of medicine.
(c) Nothing in this chapter shall prevent or restrict thepractices, services or activities of:
(i) Any person licensed in this state by any other law fromengaging in the profession or occupation for which the person is licensed orregistered or otherwise regulated;
(ii) Any person employed by a school district in this state andholding a coaching endorsement issued by the professional teaching standardsboard;
(iii) Any person serving as an athletic trainer for a schooldistrict or as an undergraduate student intern or trainee, provided the studentintern or trainee is given the title of "athletic training student,"and the activities of any person acting pursuant to this paragraph areperformed under the supervision of a licensed athletic trainer or a personmeeting the qualifications of paragraph (ii) of this subsection;
(iv) Any person performing athletic training services in thisstate for no more than thirty (30) days in any calendar year if that person is:
(A) Employed by an organization, corporation or educationalinstitution located in another state; and
(B) Representing the organization, corporation or educationalinstitution in a short-term event held in Wyoming.
(d) Any person engaged in the practice of athletic training whois relocating to this state shall have one hundred twenty (120) days from thedate of residency to complete application for licensure.
33-45-108. Applications; qualifications; issuance of license.
(a) An application for licensure under this chapter shall be onforms prescribed by the board. The application shall show that the applicanthas reached the age of majority, is a graduate of an accredited four (4) yearcollege or university in a program of study approved by the board and haspassed the examination administered by a national certifying body approved bythe board.
(b) Fees shall accompany all applications for originallicenses, renewal licenses and other applications authorized by this chapter.
(c) The board shall issue a license to any applicant who hassatisfactorily met all the requirements for licensure imposed under thischapter and board rule and regulation as an athletic trainer. The term of thelicense shall be three (3) years from the date of issuance and may be renewedsubject to the requirements of this chapter.
33-45-109. Renewal of license.
The board shall prescribe the form andexpiration date of licenses. Licenses may be renewed by submitting the requiredapplication for renewal and fee to the board before the license expirationdate. If a license is allowed to expire, the license may be renewed within aperiod of ninety (90) days after the expiration date upon payment of therenewal fee. A license which is not renewed within the ninety (90) day periodmay be reinstated upon payment of all fees due, including a reinstatement feeas established by the board. A license which has not been renewed is notvalid. No reinstatement of a license may be granted more than five (5) yearsafter its expiration.
33-45-110. Reciprocity.
Persons licensed to engage in the practiceof athletic training under the laws of any other state having requirementssubstantially equal to those provided for in this chapter may be issued alicense to practice in this state solely upon payment of the license fees asprovided in this chapter.
33-45-111. Disciplinary action; suspension and revocation of license.
(a) After the hearing authorized by subsection (b) of thissection, the board may deny a license or refuse to renew a license, may suspendor revoke a license or may impose probationary conditions if the licensee orthe applicant has engaged in unprofessional conduct which has endangered or islikely to endanger the health, welfare or safety of the public. For purposes ofthis section, unprofessional conduct includes:
(i) Obtaining a license by means of fraud, misrepresentation orconcealment of material facts;
(ii) Being guilty of unprofessional conduct as defined by therules of the board or violating the code of ethics adopted and published by theboard;
(iii) Being convicted of a felony;
(iv) Being convicted of an offense involving a controlledsubstance;
(v) Being negligent in the practice of athletic training;
(vi) Violating any lawful order, rule or regulation rendered oradopted by the board; and
(vii) Violating any provision of this chapter.
(b) A denial, refusal to renew, suspension, revocation orimposition of probationary conditions upon a license may be ordered by theboard after a hearing in the manner provided by rules and regulations adoptedby the board. An application for reinstatement may be made to the board one (1)year after the date of the revocation of a license. The board may accept orreject an application for reinstatement and may hold a hearing to considerreinstatement. Any person aggrieved by any final action of the board may appealto the district court under the Wyoming Administrative Procedure Act.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-45-112. Penalties.
(a) Any person who violates any provision of W.S. 33-45-107 isguilty of a misdemeanor punishable by imprisonment of not more than six (6)months, a fine of not more than seven hundred fifty dollars ($750.00), or both.Each violation shall constitute a separate offense.
(b) The board may seek an injunction in the district court toenjoin any person from violating this chapter.