SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 221

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO SPORTS MEDICINE; AMENDING THE ATHLETIC TRAINER PRACTICE ACT; PROVIDING ADDITIONAL DEFINITIONS; AMENDING THE SCOPE OF PRACTICE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-14D-3 NMSA 1978 (being Laws 1993, Chapter 325, Section 3) is amended to read:

     "61-14D-3. DEFINITIONS.--As used in the Athletic Trainer Practice Act:

          A. "athlete" means a person trained to participate in exercise requiring physical agility and stamina;

          B. "athletic trainer" means a person who, with the advice and consent of a licensed physician, practices the treatment, prevention, care and rehabilitation of injuries incurred by athletes;

          C. "board" means the athletic trainer practice board;

          D. "clinical assessment" means obtaining a history of an athletic injury, inspection and palpation of an injured part and associated structures and performance of testing techniques related to stability and function to determine the extent of an injury; 

          [D.] E. "department" means the regulation and licensing department;

          [E.] F. "district" means an area having the same boundaries as a congressional district in the state; [and]

          G. "emergency care" means the application of first aid, determination of whether an injury is life-threatening and referral to an appropriately licensed health care provider if an injury requires further definitive care or the injury or condition is outside an athletic trainer's scope of practice;

          [F.] H. "licensed physician" means a chiropractor, osteopath or physician licensed pursuant to [Articles] Article 4, 6 or 10 of Chapter 61 NMSA 1978;

          I. "preventive services" means treatment of injuries through pre-activity screening and evaluation, educational programs, application of commercial products, use of protective equipment and physical conditioning and reconditioning programs; and

          J. "therapeutic intervention and rehabilitation" means treatment of injuries through the application of exercise, the use of physical modalities such as heat, light, sound, cold, electricity or mechanical devices, therapeutic activities, preventive services and standard reassessment techniques and procedures in accordance with established, written athletic training service plans and upon the order or protocol of a licensed physician."

     SECTION 2. Section 61-14D-6 NMSA 1978 (being Laws 1993, Chapter 325, Section 6) is amended to read:

     "61-14D-6. SCOPE OF PRACTICE.--The practice of athletic training includes [the prevention, care and rehabilitation of athlete's injuries. Athletic trainers may evaluate and treat athletes] preventive services, emergency care, clinical assessment, therapeutic intervention and rehabilitation of injuries and medical conditions of athletes. Athletic trainers act as allied medical providers through collaboration with licensed physicians, pursuant to the written prescription, standing order or protocol of a licensed physician [provided that an athletic trainer may treat postsurgical conditions only pursuant to the written prescription of that athlete's surgeon. To carry out these functions, an athletic trainer may use exercise and physical modalities such as heat, light, sound, cold, electricity or mechanical devices related to rehabilitation and treatment. Nothing in the Athletic Trainer Practice Act shall be construed to allow an athletic trainer to provide the initial treatment or evaluation of an athlete injured in a non-athletic setting]."

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