PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 110. ATHLETIC TRAINERS

16 TAC §§110.12, 110.21, 110.70

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 110, §§110.12, 110.21, and 110.70, regarding the Athletic Trainers program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 110, implement Texas Occupations Code, Chapter 451, Athletic Trainers.

The proposed rules implement House Bill (HB) 2495 and HB 2512, enacted during the regular session of the 88th Legislature, (2023). The proposed rules promulgate modernized definitions that reflect the current state of the occupation and remove outdated language related to licensure qualifications and requirements to obtain or renew a license. The proposed rules ensure consistency with processes already in place at the department. The proposed rules also allow greater access to an athletic trainer's services under supervision and increase employment opportunities. The acts upon which these proposed rules are based took effect September 1, 2023.

HB 2495

Section 3 of the enrolled bill removes the baccalaureate degree in corrective therapy as a satisfactory qualification for licensure, as this degree has become obsolete. Section 3 also removes the apprenticeship requirement of a minimum of 20 hours of work per week during the fall semester as specific sport seasons now span both fall and spring semesters. All other sections of the bill concern the internal processes of the department.

HB 2512

Section 1 of the enrolled bill updates the definitions of "athletic injury" and "athletic training".

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Advisory Board of Athletic Trainers at its meeting on February 12, 2024. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §110.12(a) to modernize the description of what services a licensed athletic trainer performs by referring to the applicable statute section.

The proposed rules amend §110.21(c) to remove a degree plan that is now obsolete.

The proposed rules amend §110.21(c)(2) to remove the minimum number of hours an apprentice must work weekly. The proposed rules also remove a time period for apprenticeship hours that is no longer applicable to the modern collegiate athletic calendar.

The proposed rules amend §110.70(a) to modernize the description of what services a licensed athletic trainer performs by referring to the applicable statute section.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules. The activities required to implement the proposed rule changes, if any, are one-time program administration tasks that are routine in nature, such as modifying or revising publications and/or website information. The proposed rules will not necessitate an increase in personnel or resources and therefore will not result in an increase in costs to the State.

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules. The proposed rules do not create a revenue loss, as they do not eliminate, amend, or impact any fees assessed by the licensing program.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state or local governments.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of local governments. Local governments are not responsible for administering the regulation of athletic trainers under Occupations Code, Chapter 451.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed rules will not affect a local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022. Changes made by the proposed rules are not anticipated to increase or decrease the number of licensed athletic trainers or temporary athletic trainers, nor is it anticipated to affect potential employers seeking to hire athletic trainers.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be the effective and efficient regulation of athletic trainers, which promotes the health, safety, and welfare of athletes across Texas. Specifically, the proposed rules clarify the scope of practice for licensed athletic trainers and clarify the requirements for licensure.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules. The rules do not impose additional fees or costs upon licensees, businesses, or any other persons.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Licensed athletic trainers provide services under the direction of a physician, and they are typically employed by school districts, colleges and universities, professional sports organizations, and certain health care facilities. These entities do not qualify as small businesses or micro-businesses. The proposed rules have no anticipated adverse economic effect on rural communities, because the proposed rules will not decrease the availability of athletic trainers to rural communities, nor will the rule increase the cost of athletic training services in rural communities. Additionally, the proposed rules do not impose additional requirements on licensees located in rural communities. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules expand, limit, or repeal an existing regulation. The enacted legislation found in H. B. 2512, Section 1, regarding the definitions of "Athletic injury" and "Athletic training" expand the breadth of the existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 451, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 451, and Texas Education Code, Chapter 38. No other statutes, articles, or codes are affected by the proposed rules.

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted are House Bill 2495 and House Bill 2512, 88th Legislature, Regular Session (2023).

§110.12.Scope of Practice.

(a) A licensed athletic trainer practices a form of health care defined as "athletic training" within the scope of the person's license and pursuant to §451.001(3) of the Act, [prevents, recognizes, assesses, manages, treats, disposes of, and reconditions athletic injuries and illnesses] under the direction of a physician licensed in this state or another qualified, licensed health professional who is authorized to refer for health care services within the scope of the person's license. "Athletic training" consists of:

(1) managing the risk of an athletic injury or illness;

(2) preventing an athletic injury or illness;

(3) assessing an athletic injury or illness;

(4) providing immediate emergency care;

(5) providing therapeutic intervention for an athletic injury; and

(6) reconditioning an athletic injury or illness.

(b) - (d) (No change.)

§110.21.License Requirements.

(a) - (b) (No change.)

(c) Applicants qualifying under the Act, §451.153(a)(2) [or (a)(3)], shall have a baccalaureate or post-baccalaureate degree or a state-issued certificate in physical therapy [or a baccalaureate or post-baccalaureate degree in corrective therapy with at least a minor in physical education or health]. Applicants who hold such degrees must complete three semester hours of a basic athletic training course from an accredited college or university. An applicant shall also complete an apprenticeship in athletic training meeting the following requirements.

(1) The program shall be a minimum of 720 hours. It must be based on the academic calendar and must be completed during at least three fall and/or spring semesters. The hours must be under the direct supervision of a college or university's Texas licensed athletic trainer or if out-of-state, the college or university's certified or state-licensed athletic trainer. The apprenticeship includes a minimum of 360 hours per year. Hours in the classroom do not count toward apprenticeship hours.

(2) [Actual working hours shall include a minimum of 20 hours per week during each fall semester.] A [fall] semester includes pre-season practice sessions. The apprenticeship must offer work experience in a variety of sports.

(3) The apprenticeship must be completed in a college or university's intercollegiate sports program. A maximum of 240 hours of the 720 hours may be earned at an affiliated setting which the college or university's athletic trainer has approved. An affiliated setting may be any setting where athletic training takes place. No more than 120 hours may be earned at one affiliated setting.

(d) - (h) (No change.)

§110.70.Standards of Conduct.

(a) An athletic trainer, when carrying out the practice of athletic training in accordance with §451.001(3) of the Act, shall work under the direction of a licensed physician or another qualified, licensed health professional, who is authorized to refer for health care services within the scope of the person's license [when carrying out the practice of prevention, recognition, assessment, management, treatment, disposition, and reconditioning athletic injuries].

(b) - (y) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 23, 2024.

TRD-202400811

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 475-4879