Wisconsin Department of Safety and Professional Services Division of Policy Development

1400 E Washington Ave

PO Box 8366 Madison WI 53708-8366

Phone: 608-266-2112

Web: http://dsps.wi.gov

Email: dsps@wisconsin.gov

Scott Walker, Governor

Laura Gutiérrez, Secretary

TELECONFERENCE/VIRTUAL MEETING

ATHLETIC TRAINERS AFFILIATED CREDENTIALING BOARD

Room 121A, 1400 East Washington Avenue, Madison

Contact: Tom Ryan (608) 266-2112

December 7, 2017

The following agenda describes the issues that the Board plans to consider at the meeting. At the time

of the meeting, items may be removed from the agenda. Please consult the meeting minutes for a record

of the actions of the Board.

AGENDA

12:00 P.M.

OPEN SESSION – CALL TO ORDER – ROLL CALL

A) Adoption of Agenda (1-3)

B) Approval of Minutes of May 2, 2017 (4-7)

C) Appointments, Reappointments, and Confirmations

D) Conflicts of Interest

E) Administrative Updates

1) Staff Updates

2) Board Members – Board Member Status

a) Jay Davide – 07/01/2018

b) Kurt Fielding – 07/01/2019 (Reappointed, not yet confirmed)

c) Jack J. Johnsen – 07/01/2021(Reappointed, not yet confirmed)

d) Gregory Vergamini – 07/01/2020 (Reappointed, not yet confirmed)

3) DSPS Website Re-Design (Launch Date: 11/12/2017)

4) Wis. Stat. § 15.085(3)(b) Biannual Meeting with the Medical Examining Board

F) Occupational License Study (8-9) 1) 2017 Wisconsin Act 59 (enacted in State Budget Bill)

2) 2017 Wisconsin Senate Bill 288 and Assembly Bill 369 (under consideration)

G) Legislative and Administrative Rule Matters (10) 1) 2017 Wisconsin Act 59 (2017 Assembly Bill 64)

2) Revised Scope Statement for AT 1 to 4 Relating to the Practice of Athletic Trainers (11-

14) 3) Position Statements of the Athletic Trainers Affiliated Credentialing Board

4) Administrative Rules Report (15-17) 5) Update on Pending Legislation and Pending and Possible Rulemaking Projects

H) Board of Certification (BOC) Matters (18) 1) 2017 BOC Annual Meeting Report

I) Speaking Engagement(s), Travel, or Public Relation Request(s)

J) Informational Items

K) Items Added After Preparation of Agenda:

1) Introductions, Announcements and Recognition

2) Election of Board Officers

3) Appointment of Board Liaisons

4) Administrative Updates

5) Nominations, Elections, and Appointments

6) Education and Examination Matters

7) Credentialing Matters

8) Practice Matters

9) Legislation/Administrative Rule Matters

10) Liaison Reports

11) Informational Items

12) Disciplinary Matters

13) Presentations of Petitions for Summary Suspension

14) Petitions for Designation of Hearing Examiner

15) Presentation of Proposed Stipulations, Final Decisions and Orders

16) Presentation of Proposed Final Decisions and Orders

17) Presentation of Interim Orders

18) Petitions for Re-Hearing

19) Petitions for Assessments

20) Petitions to Vacate Orders

21) Requests for Disciplinary Proceeding Presentations

22) Motions

23) Petitions

24) Appearances from Requests Received or Renewed

25) Speaking Engagements, Travel, or Public Relation Requests

L) Public Comments

CONVENE TO CLOSED SESSION to deliberate on cases following hearing (§ 19.85 (1) (a),

Stats.); to consider licensure or certification of individuals (§ 19.85 (1) (b), Stats.); to consider

closing disciplinary investigations with administrative warnings (§ 19.85 (1) (b), Stats. and §

440.205, Stats.); to consider individual histories or disciplinary data (§ 19.85 (1) (f), Stats.); and to

confer with legal counsel (§ 19.85 (1) (g), Stats.).

M) Deliberation of Items Added After Preparation of the Agenda

1) Education and Examination Matters

2) Credentialing Matters

3) Board Liaison Training

4) Disciplinary Matters

5) Monitoring Matters

6) Professional Assistance Procedure (PAP) Matters

7) Petition(s) for Summary Suspensions

8) Petitions for Designation of Hearing Examiner

9) Proposed Stipulations, Final Decisions and Orders

10) Administrative Warnings

11) Review of Administrative Warnings

12) Proposed Final Decisions and Orders

13) Matters Relating to Costs/Orders Fixing Costs

14) Case Closings

15) Petitions for Extension of Time

16) Proposed Interim Orders

17) Petitions for Assessments and Evaluations

18) Petitions to Vacate Orders

19) Remedial Education Cases

20) Motions

21) Petitions for Re-Hearing

22) Appearances from Requests Received or Renewed

N) Consulting with Legal Counsel

RECONVENE TO OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION

O) Open Session Items Noticed Above Not Completed in the Initial Open Session

P) Vote on Items Considered or Deliberated Upon in Closed Session, if Voting is Appropriate

ADJOURNMENT

NEXT MEETING DATE: MAY 24, 2018

************************************************************************************

MEETINGS AND HEARINGS ARE OPEN TO THE PUBLIC, AND MAY BE CANCELLED

WITHOUT NOTICE.

Times listed for meeting items are approximate and depend on the length of discussion and voting. All meetings

are held at 1400 East Washington Avenue, Madison, Wisconsin, unless otherwise noted. In order to confirm a

meeting or to request a complete copy of the board’s agenda, please call the listed contact person. The board may

also consider materials or items filed after the transmission of this notice. Times listed for the commencement of

disciplinary hearings may be changed by the examiner for the convenience of the parties. Interpreters for the

hearing impaired provided upon request by contacting the Affirmative Action Officer, 608-266-2112.

ATHLETIC TRAINERS AFFILIATED CREDENTIALING BOARD

MEETING MINUTES

May 02, 2017

PRESENT: Jay Davide, Kurt Fielding, John Johnsen (via GoToMeeting), Gregory Vergamini (via

GoToMeeting)

STAFF: Tom Ryan, Executive Director; Laura Smith, Bureau Assistant; and other Department

staff

CALL TO ORDER

Kurt Fielding, Vice Chair, called the meeting to order at 9:05 a.m. A quorum of four (4) members was

confirmed.

ADOPTION OF AGENDA

MOTION: Gregory Vergamini moved, seconded by John Johnsen, to adopt the agenda as

published. Motion carried unanimously.

APPROVAL OF MINUTES

MOTION: Gregory Vergamini moved, seconded by John Johnsen, to approve the minutes of

May 3, 2016 as published. Motion carried unanimously.

ADMINISTRATIVE UPDATES

ELECTION OF OFFICERS

BOARD CHAIR

NOMINATION: Gregory Vergamini nominated Kurt Fielding for the Office of Board Chair.

Tom Ryan called for nominations three (3) times.

Kurt Fielding was elected as Chair by unanimous consent.

VICE CHAIR

NOMINATION: Kurt Fielding nominated Gregory Vergamini for the Office of Vice Chair.

Tom Ryan called for nominations three (3) times.

Gregory Vergamini was elected as Vice Chair by unanimous consent.

SECRETARY

NOMINATION: John Johnsen nominated Jay Davide for the Office of Secretary.

Tom Ryan called for nominations three (3) times.

Jay Davide was elected as Secretary by unanimous consent.

4

2017 ELECTION RESULTS

Board Chair Kurt Fielding

Vice Chair Gregory Vergamini

Secretary Jay Davide

DELEGATION MOTIONS

Document Signature Delegation

MOTION: Gregory Vergamini moved, seconded by Kurt Fielding, that the Board delegates

authority to the Chair to sign documents on behalf of the Board. In order to carry

out duties of the Board, the Chair has the ability to delegate this signature

authority to the Board’s Executive Director for purposes of facilitating the

completion of assignments during or between meetings. Motion carried

unanimously.

Delegated Authority for Urgent Matters

MOTION: Gregory Vergamini moved, seconded by Kurt Fielding, in order to facilitate the

completion of assignments between meetings, the Board delegates its authority by

order of succession to the Chair, highest ranking officer, or longest serving

member of the Board, to appoint liaisons to the Department to act in urgent

matters, to fill vacant appointment positions, where knowledge or experience in

the profession is required to carry out the duties of the Board in accordance with

the law. Motion carried unanimously.

Credentialing Authority Delegation

MOTION: Gregory Vergamini moved, seconded by Kurt Fielding, to delegate authority to

the Credentialing Liaison(s) to address all issues related to credentialing matters

except potential denial decisions should be referred to the full Board for final

determination. Motion carried unanimously.

Continuing Education Delegation

MOTION: Gregory Vergamini moved, seconded by Kurt Fielding, to delegate authority to

the Continuing Education Liaison(s) to address all issues related to continuing

education. Motion carried unanimously.

Monitoring Delegation

5

MOTION: Gregory Vergamini moved, seconded by Kurt Fielding, to adopt the “Roles and

Authorities Delegated to the Monitoring Liaison and Department Monitor”

document as presented. Motion carried unanimously.

2017 LIAISON APPOINTMENTS

Credentialing Liaison Kurt Fielding

Alternate – John Johnsen

DLSC Liaison Jay Davide

Alternate – Gregory Vergamini

Legislative Liaison Kurt Fielding

Alternate – John Johnsen

Education and Exams

Liaison

John Johnsen

Alternate – Gregory Vergamini

Monitoring Liaison Gregory Vergamini

Alternate – Kurt Fielding

PAP Liaison Kurt Fielding

Alternate – Jay Davide

Travel Liaison Kurt Fielding

Alternate – Jay Davide

Screening Panel John Johnsen, Kurt Fielding

Alternate – Gregory Vergamini

MOTION: John Johnsen moved, seconded by Gregory Vergamini, to affirm the Chair’s

appointment of liaisons for 2017. Motion carried unanimously.

Scope State for AT 1 to 4 Relating to the Practice of Athletic Trainers

MOTION: Gregory Vergamini moved, seconded by Jay Davide, to approve the Scope

Statement on AT 1 to 4 relating to practice of athletic trainers for submission to

the Governor’s Office and publication, and to authorize the Chair to approve the

scope for implementation no less than 10 days after publication. Motion carried

unanimously.

SPEAKING ENGAGEMENT(S), TRAVEL, OR PUBLIC RELATION REQUEST(S)

BOARD OF CERTIFICATION REGULATORY CONFERENCE – JULY 14-15, 2017 –

OMAHA, NB

MOTION: Kurt Fielding moved, seconded by John Johnsen, to designate Gregory

Vergamini, as the Board’s delegate, to attend the Board of Certification

Regulatory Conference (BOC) on July 14-15, 2017 in Omaha, Nebraska and to

authorize travel. Motion carried unanimously.

MOTION: Jay Davide moved, seconded by Kurt Fielding, to authorize Tom Ryan to speak at

the Board of Certification Regulatory Conference (BOC) on July 14-15, 2017 in

Omaha, Nebraska. Motion carried unanimously.

The Board reviewed training information relating to Public Records and Ethics and Lobbying

requirements at this meeting.

6

ADJOURNMENT

MOTION: Kurt Fielding moved, seconded by Jay Davide to adjourn the meeting. Motion

carried unanimously.

The meeting adjourned at 9:34 a.m.

7

State of Wisconsin Department of Safety & Professional Services

Revised 12/2016

AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request: Emily Handel, Bureau Assistant on behalf of Thomas Ryan, Executive Director

2) Date When Request Submitted: 11/27/17

Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting

3) Name of Board, Committee, Council, Sections:

Athletic Trainers Affiliated Credentialing Board

4) Meeting Date: 12/6/17

5) Attachments:

Yes

No

6) How should the item be titled on the agenda page? Occupational License Study:

• 2017 Wisconsin Act 59 (enacted in State Budget Bill)

• 2017 Wisconsin Senate Bill 288 and Assembly Bill 369 (under consideration)

7) Place Item in:

Open Session

Closed Session

8) Is an appearance before the Board being scheduled?

Yes

No

9) Name of Case Advisor(s), if required: N/A

10) Describe the issue and action that should be addressed: Board review of a provision in the enacted 2017 budget creating an occupational license review council (attached). Board review of similar legislation is pending in the state legislature, 2017 Senate Bill 288 and Assembly Bill 369. The links to the legislature’s web pages regarding Senate Bill 288 and Assembly Bill 369 are included here: https://docs.legis.wisconsin.gov/2017/related/acts/59/9139 (Attached) https://docs.legis.wisconsin.gov/2017/related/proposals/ab369 https://docs.legis.wisconsin.gov/2017/related/proposals/sb288

11) Authorization

Emily Handel……………………………………………………………… 11/27/17

Signature of person making this request Date

Supervisor (if required) Date

Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date

Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.

− 383 − 2017 Wisconsin Act 59 2017 Assembly Bill 64

enue shall prescribe a form for the property tax bills pre-pared under section 74.09 of the statutes that indicatesthat the state no longer imposes the forestation state tax.The form shall also indicate the amount of the forestationstate tax that the taxpayer paid in the previous year.

(1f) SALES AND USE TAX AUDITS; STATISTICAL SAM-PLING. Using the procedure under section 227.24 of thestatutes, the department of revenue shall promulgate therules required under section 77.59 (2g) of the statutes forthe period before the effective date of the permanent rulepromulgated under section 77.59 (2g) of the statutes butnot to exceed the period authorized under section 227.24(1) (c) of the statutes, subject to extension under section227.24 (2) of the statutes. Notwithstanding section227.24 (1) (a), (2) (b), and (3) of the statutes, the depart-ment is not required to provide evidence that promulgat-ing a rule under this subsection as an emergency rule isnecessary for the preservation of the public peace, health,safety, or welfare and is not required to provide a findingof emergency for a rule promulgated under this subsec-tion.

SECTION 9139.0Nonstatutory provisions; Safetyand Professional Services.

(12) PROFESSIONAL ASSISTANCE PROCEDURES; EMER-GENCY RULES. The department may use the procedureunder section 227.24 of the statutes to promulgate rulesunder section 440.03 (1c) of the statutes for the periodbefore the effective date of the permanent rule promul-gated under section 440.03 (1c) of the statutes but not toexceed the period authorized under section 227.24 (1) (c)of the statutes, subject to one extension of 60 days undersection 227.24 (2) of the statutes. If the department usesthis procedure to promulgate these rules, the departmentshall promulgate the rules no later than the 60th day afterthe effective date of this subsection. Notwithstandingsection 227.24 (1) (a), (2) (b), and (3) of the statutes, thedepartment is not required to provide evidence that pro-mulgating a rule under this subsection as an emergencyrule is necessary for the preservation of the public peace,health, safety, or welfare and is not required to provide afinding of emergency for a rule promulgated under thissubsection.

(17w) OCCUPATIONAL LICENSE STUDY.

(a) Definitions. In this subsection:1. “Department” means the department of safety and

professional services.2. “Occupational license” means any of the follow-

ing:a. A license, permit, certification, registration, or

other approval granted under section 167.10 (6m) orchapters 101, 145, or 440 to 480 of the statutes.

b. A license, permit, certification, registration, orother approval not included under subdivision 2. a. ifgranted to a person by this state in order that the personmay engage in a profession, occupation, or trade in this

state or in order that the person may use one or more titlesin association with his or her profession, occupation, ortrade.

(b) Report. No later than December 31, 2018, thedepartment shall submit a report to the governor and thechief clerk of each house of the legislature for distribu-tion to the legislature under section 13.172 (2) of thestatutes. The report shall include the department’s rec-ommendations for the elimination of occupationallicenses based on all of the following:

1. The department’s evaluation of whether the unreg-ulated practice of the profession, occupation, or trade canclearly harm or endanger the health, safety, or welfare ofthe public, and whether the potential for the harm is rec-ognizable and not remote or speculative.

2. The department’s evaluation of whether the publicreasonably benefits from the occupational licenserequirement.

3. The department’s evaluation of whether the publiccan be effectively protected by any means other thanrequiring an occupational license.

4. The department’s analysis of whether licensurerequirements for the regulated profession, occupation, ortrade exist in other states.

5. The department’s estimate of the number of indi-viduals or entities that are affected by the occupationallicense requirement.

6. The department’s estimate of the total financialburden imposed on individuals or entities as a result ofthe occupational licensure requirement, including educa-tion or training costs, examination fees, private creden-tial fees, occupational license fees imposed by the state,and other costs individuals or entities incur in order toobtain the required occupational license.

7. Any statement or analysis provided by the agencyor board administering the occupational license.

8. The department’s evaluation of the tangible orintangible barriers people may face in obtaining an occu-pational license.

SECTION 9140.0Nonstatutory provisions; Secre-tary of State.

SECTION 9141.0Nonstatutory provisions; StateFair Park Board.

SECTION 9142.0Nonstatutory provisions; SupremeCourt

(5f) DECISIONS OF LABOR AND INDUSTRY REVIEW COM-MISSION. The chief justice of the supreme court isrequested to do all of the following:

(a) Conduct a survey of decisions and orders of thelabor and industry review commission under chapters102 and 108 and sections 106.52 (4), 106.56 (4), and111.39 of the statutes, citing the statutes interpreted bythe commission and whether the decisions and orderswere the subjects of actions for judicial review filed incircuit court.

VetoedIn Part

AGENDA REQUEST FORM

1) Name and Title of Person Submitting the Request: Dale Kleven Administrative Rules Coordinator

2) Date When Request Submitted: 10/12/17 Items will be considered late if submitted after 12:00 p.m. on the deadline date:

8 business days before the meeting 3) Name of Board, Committee, Council, Sections: Athletic Trainers Affiliated Credentialing Board 4) Meeting Date: 10/24/17

5) Attachments: Yes No

6) How should the item be titled on the agenda page? Legislation and Rule Matters – Discussion and Consideration 1. 2017 Wisconsin Act 59 (2017 Assembly Bill 64) 2. Revised Scope Statement for AT 1 to 4 Relating to the Practice of Athletic

Trainers 3. Position Statements of the Athletic Trainers Affiliated Credentialing Board 4. Update on Pending Legislation and Pending and Possible Rulemaking Projects

7) Place Item in: Open Session Closed Session Both

8) Is an appearance before the Board being scheduled? Yes (Fill out Board Appearance Request) No

9) Name of Case Advisor(s), if required:

10) Describe the issue and action that should be addressed: 1. 2017 Wisconsin Act 59 created s. 440.035 (2), Stats., which provides that “[e]xcept as otherwise permitted in chs. 440 to 480, an examining board or affiliated credentialing board attached to the department or an examining board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.” 2. The Board will consider approval of a revised scope statement for chs. AT 1 to 4 relating to the practice of athletic trainers.

11) Authorization Dale Kleven October 12, 2017 Signature of person making this request Date Supervisor (if required) Date Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, Provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.

9

REVISED STATEMENT OF SCOPE

Athletic Trainers Affiliated Credentialing Board

Rule No.: Chapters AT 1 to 4

Relating to: Practice of athletic trainers

Rule Type: Permanent

1. Finding/nature of emergency (Emergency Rule only):

N/A

2. Detailed description of the objective of the proposed rule:

The objective of the proposed rule is to reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59, which made the following changes to the practice of athletic trainers:

• Removed provisions authorizing the Athletic Trainers Affiliated Credentialing Board to grant temporary licenses.

• Changed the definition of athletic training by replacing the term “athletic injuries” with “injuries or illnesses sustained while participating in physical activity” in the activities that constitute athletic training.

• Expanded the definition of athletic training to include the following activities:

o Rehabilitating and physically reconditioning injuries or illnesses that impede or prevent an individual from returning to participation in physical activity, if the individual recently participated in, and intends to return to participation in, physical activity.

o Establishing or administering risk management, conditioning, and injury prevention programs.

• Changed the name of the entity that may certify an athletic trainer to the National Athletic Trainers’ Association Board of Certification, Inc. (NATABOC), or its successor agency.

• Removed the requirement that an evaluation and treatment protocol established by an athletic trainer and approved by the consulting physician contain a requirement that the athletic trainer notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains a new injury.

• Revised practice requirements to allow an athletic trainer to provide athletic training to an individual without a referral, except that a licensee may not provide certain rehabilitation and reconditioning services in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of ch. 448, Stats.; ch. 446, Stats.; or s. 441.16 (2), Stats.

• Added a provision specifying that, except as otherwise permitted in chs. 440 to 480, Stats., an examining board or affiliated credentialing board attached to an examining board may require a credential holder to submit proof of completion of continuing education programs or courses only if a complaint is made against the credential holder.

3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

Chapters AT 1 to 5 contain all of the rules of the Athletic Trainers Affiliated Credentialing Board relating to the practice of athletic trainers. The following changes are proposed to reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59:

10

• Chapter AT 1: Revise the definition of “NATABOC” and create a definition of “physical activity” based on the respective statutory definitions.

• Chapter AT 2: Remove references to temporary licenses by repealing ss. AT 2.03, 2.04, and 2.05.

• Chapter AT 3: Specify in ss. AT 3.01 and 3.03 that a successor agency of NATABOC may provide required approvals and certifications. Revise s. AT 3.05 to be consistent with the statutory provisions concerning the Board’s authority to require a credential holder to submit proof of completion of continuing education programs or courses.

• Chapter AT 4: Replace the term “athletic injury” with “injury or illness sustained while participating in physical activity” in s. AT 4.01 (1) (intro.), (2) (intro.), (3) (intro.), and (4) (intro.). Repeal s. AT 4.02 (1), which provides a protocol must require an athletic trainer to notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains new injuries.

If the rules are not updated, they will not reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59.

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

Section 15.085 (5) (b), Stats., provides affiliated credentialing boards “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Section 448.9525 (2), Stats., provides that, subject to s. 448.956 (1), (4), and (5), Stats., the Athletic Trainers Affiliated Credentialing Board and the Medical Examining Board shall jointly promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 (1), Stats.

5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

80 hours

6. List with description of all entities that may be affected by the proposed rule:

Individuals seeking Wisconsin licensure as an athletic trainer, individuals licensed in Wisconsin as athletic trainers, and consulting physicians for Wisconsin licensed athletic trainers.

7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

None. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

The proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole. Contact Person: Dale Kleven, (608) 261-4472, DSPSAdminRules@wisconsin.gov Approved for publication: Approved for implementation: Authorized Signature Authorized Signature

Date Submitted Date Submitted

11

REVISED STATEMENT OF SCOPE

Athletic Trainers Affiliated Credentialing Board

Rule No.: Chapters AT 1 to 4

Relating to: Practice of athletic trainers

Rule Type: Permanent

1. Finding/nature of emergency (Emergency Rule only):

N/A

2. Detailed description of the objective of the proposed rule:

The objective of the proposed rule is to reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59, which made the following changes to the practice of athletic trainers:

• Removed provisions authorizing the Athletic Trainers Affiliated Credentialing Board to grant temporary licenses.

• Changed the definition of athletic training by replacing the term “athletic injuries” with “injuries or illnesses sustained while participating in physical activity” in the activities that constitute athletic training.

• Expanded the definition of athletic training to include the following activities:

o Rehabilitating and physically reconditioning injuries or illnesses that impede or prevent an individual from returning to participation in physical activity, if the individual recently participated in, and intends to return to participation in, physical activity.

o Establishing or administering risk management, conditioning, and injury prevention programs.

• Changed the name of the entity that may certify an athletic trainer to the National Athletic Trainers’ Association Board of Certification, Inc. (NATABOC), or its successor agency.

• Removed the requirement that an evaluation and treatment protocol established by an athletic trainer and approved by the consulting physician contain a requirement that the athletic trainer notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains a new injury.

• Revised practice requirements to allow an athletic trainer to provide athletic training to an individual without a referral, except that a licensee may not provide certain rehabilitation and reconditioning services in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of ch. 448, Stats.; ch. 446, Stats.; or s. 441.16 (2), Stats.

• Added a provision specifying that, except as otherwise permitted in chs. 440 to 480, Stats., an examining board or affiliated credentialing board attached to an examining board may require a credential holder to submit proof of completion of continuing education programs or courses only if a complaint is made against the credential holder.

3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

Chapters AT 1 to 5 contain all of the rules of the Athletic Trainers Affiliated Credentialing Board relating to the practice of athletic trainers. The following changes are proposed to reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59:

12

• Chapter AT 1: Revise the definition of “NATABOC” and create a definition of “physical activity” based on the respective statutory definitions.

• Chapter AT 2: Remove references to temporary licenses by repealing ss. AT 2.03, 2.04, and 2.05.

• Chapter AT 3: Specify in ss. AT 3.01 and 3.03 that a successor agency of NATABOC may provide required approvals and certifications. Revise s. AT 3.05 to be consistent with the statutory provisions concerning the Board’s authority to require a credential holder to submit proof of completion of continuing education programs or courses.

• Chapter AT 4: Replace the term “athletic injury” with “injury or illness sustained while participating in physical activity” in s. AT 4.01 (1) (intro.), (2) (intro.), (3) (intro.), and (4) (intro.). Repeal s. AT 4.02 (1), which provides a protocol must require an athletic trainer to notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains new injuries.

If the rules are not updated, they will not reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59.

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

Section 15.085 (5) (b), Stats., provides affiliated credentialing boards “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Section 448.9525 (2), Stats., provides that, subject to s. 448.956 (1), (4), and (5), Stats., the Athletic Trainers Affiliated Credentialing Board and the Medical Examining Board shall jointly promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 (1), Stats.

5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

80 hours

6. List with description of all entities that may be affected by the proposed rule:

Individuals seeking Wisconsin licensure as an athletic trainer, individuals licensed in Wisconsin as athletic trainers, and consulting physicians for Wisconsin licensed athletic trainers.

7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

None. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

The proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole. Contact Person: Dale Kleven, (608) 261-4472, DSPSAdminRules@wisconsin.gov Approved for publication: Approved for implementation: Authorized Signature Authorized Signature

Date Submitted Date Submitted

13

Position Statement Board Chair Comments

Suggestions From DSPS Staff

Positions Statements Related to Athletic Trainers Issued by the Athletic Trainers Affiliated Credentialing Board Positions Statements Related to Athletic Trainers Issued by the Athletic Trainers Affiliated Credentialing Board

Positions Statements Related to Athletic Trainers Issued by the Athletic Trainers Affiliated Credentialing Board

Add: The contents of this document are not comprehensive. All license holders or applicants are assumed to have read the statutory and code language pertinent to the regulated profession. The following information is intended to emphasize specific provisions of what is established under the law, but it is not a comprehensive review of everything that a licensee or applicant would need to know.

MAY A PERSON PRACTICE ATHLETIC TRAINING WITHOUT A LICENSE?

Per Wis. Stats. § 448.951, the practice of athletic training is only “title protected”. This restricts the use of the title "athletic trainer" and other similar titles to those persons holding a credential issued by the state, but does not restrict the practice of athletic training to only credentialed individuals. However, no person may designate himself or herself as an athletic trainer or use or assume the title "athletic trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic trainer" or append to the person's name any other title, letters or designation that represents or may tend to represent the person as an athletic trainer unless the person is licensed as an athletic trainer.

MAY A PERSON PRACTICE ATHLETIC TRAINING WITHOUT A LICENSE? IS USE OF THE TITLE “ATHLETIC TRAINER” PROTECTED?

Per Wis. Stats. § 448.951, the practice of athletic training is only “title protected”. This restricts the use of the title "athletic trainer" and other similar titles to those persons holding a credential issued by the state, but does not restrict the practice of athletic training to only credentialed individuals. However, Section 448.951, Wis. Stats., provides that no person may designate himself or herself as an athletic trainer or use or assume the title "athletic trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic trainer" or append to the person's name any other title, letters or designation that represents or may tend to represent the person as an athletic trainer unless the person is licensed as an athletic trainer.

WHAT IS A "CONSULTING PHYSICIAN"?

Wis. Stats. § 448.95(5m) defines a "Consulting physician" as a person licensed as a physician who consults with an athletic trainer while the athletic trainer is engaging in

WHAT IS A "CONSULTING PHYSICIAN"?

Wis. Stats. § Section 448.95(5m), Wis. Stats., defines a "Cconsulting physician" as a person licensed as a physician who consults with an athletic trainer while the athletic

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athletic training. The consulting physician also approves the evaluation and treatment protocol that governs the athletic trainer's practice.

trainer is engaging in athletic training. The As provided under s. 448.956(1)(a), Wis. Stats., and s. AT 4.01, Wis. Admin. Code, a consulting physician also approves the evaluation and treatment protocol that governs the athletic trainer's practice.

DOES A PERSON NEED TO HAVE A CONSULTING PHYSICIAN AND A PRACTICE PROTOCOL TO RENEW A LICENSE?

Yes, a license will not be renewed without the licensee and the licensee's consulting physician signing a statement that a current copy of the protocol required under the law is on file at the place of employment of the athletic trainer and of the consulting physician. Please refer to the conditions for renewal as outlined in Wis. Stats. § 448.955.

DOES A PERSON AN ATHLETIC TRAINER NEED TO HAVE A CONSULTING PHYSICIAN AND A PRACTICE PROTOCOL TO RENEW A LICENSE?

Yes, a license will not be renewed without the licensee and the licensee's consulting physician signing a statement that a current copy of the protocol required under the law is on file at the place of employment of the athletic trainer and of the consulting physician. Please refer to the conditions for renewal as outlined in Wis. Stats. § s. 448.955, Wis. Stats.

HOW MANY PROTOCOLS CAN AN ATHLETIC TRAINER HAVE?

An athletic trainer may have one protocol as well as one consulting physician. The standards for a changing a consulting physician are outlined in Ch AT 1.07, Wisc Admin Code. The standards for evaluation and treatment protocol are under Ch AT 4 as well as Wis Stat 448.956.

HOW MANY PROTOCOLS CAN MAY AN ATHLETIC TRAINER HAVE?

An athletic trainer may have one protocol as well as one consulting physician (ss. AT 1.07 and 4.01, Wis. Admin. Code). The standards for a changing a consulting physician are outlined in Ch AT 1.07, Wisc Admin Code. The standards for evaluation and treatment protocol are under Ch AT 4 as well as Wis Stat 448.956.

MAY A LICENSEE ACCEPT REFERRALS FROM A NON CONSULTING PHYSICIAN OR CHIROPRACTOR?

Yes, please refer to Wis Stat 448.956(1m) for complete information.

MAY A LICENSEE ACCEPT REFERRALS FROM A NON CONSULTING PHYSICIAN OR CHIROPRACTOR?

Yes, please refer to Wis Stat s. 448.956(1m), Wis. Stats., for complete information.

WHAT IS ATHLETIC TRAINING?

Per Wis. Stats. § 448.95(5) "Athletic training" means doing any of the following:

Maybe reword the question? Think about moving it to the beginning.

WHAT IS ATHLETIC TRAINING?

Per Wis. Stats. § s. 448.95(5), Wis. Stats., "Aathletic training" means doing any of the following:

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(a) Preventing, recognizing and evaluating athletic injuries.

(b) Managing and administering the initial treatment of athletic injuries.

(c) Giving emergency care or first aid for an athletic injury.

(d) Rehabilitating and physically reconditioning athletic injuries.

(a) Preventing, recognizing and evaluating athletic injuries or illnesses sustained while participating in physical activity.

(b) Managing and administering the initial treatment of athletic injuries or illnesses sustained while participating in physical activity.

(c) Giving emergency care or first aid for an athletic injury or illness sustained while participating in physical activity.

(d) Rehabilitating and physically reconditioning athletic injuries or illnesses sustained while participating in physical activity.

(e) Rehabilitating and physically reconditioning injuries or illnesses that impede or prevent an individual from returning to participation in physical activity, if the individual recently participated in, and intends to return to participation in, physical activity.

(f) Establishing or administering risk management, conditioning, and injury prevention programs.

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State of Wisconsin Department of Safety & Professional Services

AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request:

Nifty Lynn Dio, Bureau Assistant

2) Date When Request Submitted:

7/17/2017

Items will be considered late if submitted after 4:30 p.m. and less than: ▪ 10 work days before the meeting for Medical Board

▪ 14 work days before the meeting for all others

3) Name of Board, Committee, Council, Sections:

Athletic Trainers Affiliated Credentialing Board

4) Meeting Date:

10/24/2017

5) Attachments:

Yes

x No

6) How should the item be titled on the agenda page?

2017 Board of Certification Annual Meeting Report

7) Place Item in:

x Open Session

Closed Session

Both

8) Is an appearance before the Board being scheduled? If yes, who is appearing? No

9) Name of Case Advisor(s), if required:

10) Describe the issue and action that should be addressed: A report from the 2017 Annual Meeting will be delivered. The following subjects were identified at the meeting for round table discussion:

• Deregulation

• CAATE standards

• Rules and regulations

• Protocols

• Physician supervision

• Concussion laws and language

• Emergency medication administration

• Utilization

• Traveling teams, scope of practice and authority to practice

11) Authorization

Nifty Lynn Dio 7/17/2017

Signature of person making this request Date

Supervisor (if required) Date

Bureau Director signature (indicates approval to add post agenda deadline item to agenda) Date

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