Title of Regulation: 18VAC85-120. Regulations Governing the Licensure of Athletic Trainers (amending 18VAC85-120-10, 18VAC85-120-75, 18VAC85-120-80; adding 18VAC85-120-35; repealing 18VAC85-120-60, 18VAC85-120-70, 18VAC85-120-150).

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 11, 2013.

Effective Date: September 26, 2013.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia provides the Board of Medicine the authority to promulgate regulations to administer the regulatory system, and § 54.1-2957.4 of the Code of Virginia contains provisions regarding the powers of the board concerning athletic training, including that the board shall establish criteria for the licensure of athletic trainers and promulgate regulations necessary for the licensure of athletic trainers and the issuance of licenses to athletic trainers to practice in the Commonwealth.

Purpose: The purpose of the amended regulation is to update terminology and reduce the burden on applicants who are currently required to submit transcripts to confirm graduation from an accredited athletic training educational program and evidence of passage of the National Athletic Trainers' Association Board of Certification (NATABOC) examination. The amendments do not change the educational and examination criteria as evidence of minimal competency in providing services and continue to protect the health and safety of the public.

Rationale for Using Fast-Track Process: The action results in a less restrictive regulation, has been approved by the Advisory Board on Athletic Trainers, has unanimous approval of the Board of Medicine, and will not be controversial.

Substance: The board has determined that evidence of graduation by way of a transcript, as required in 18VAC85-120-60, and documentation of passage of the NATABOC examination, as required in 18VAC85-120-70, are redundant to criteria for certification and unnecessarily burdensome on applicants, educational institutions, and the board. Evidence of current NATABOC certification provides assurance that an applicant has met the educational and examination requirements for licensure, so the amendments repeal 18VAC85-120-60 and 18VAC85-120-70. Other amendments clarify language of the current regulations.

Issues: There are no advantages or disadvantages to the public, which will continue to be protected by the same criteria for minimal competency for initial licensure. There are no advantages or disadvantages to the agency or the Commonwealth.

Small Business Impact Report of Findings: This regulatory action serves as the report of findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Medicine (Board) proposes to no longer require that applicants for athletic trainer licensure submit: 1) evidence of meeting the education requirement by way of a transcript and 2) documentation of passage of the National Athletic Trainers Association Board of Certification (NATABOC) entry level examination.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The current regulations effectively require that athletic trainer licensure applicants submit information including: 1) evidence of meeting the education requirement by way of a transcript (section 60), and 2) documentation of passage of the NATABOC entry level examination (section 70). In addition, section 50 of these regulations requires that "An applicant for licensure shall submit evidence of meeting the following requirements for licensure on forms provided by the board... 3. Evidence of current NATABOC certification." The NATABOC education requirements for certification are the same as the education requirements currently stated in these regulations for licensure. Also, NATABOC certification requires passage of the entry level examination. Thus, the currently required education transcript and documentation of passage of the NATABOC entry level examination provides no additional information beyond that provided by the also required evidence of NATABOC certification. Consequently, the Board's proposal to no longer require that applicants for athletic trainer licensure submit evidence of meeting the education requirement by way of a transcript and documentation of passage of the NATABOC examination will create a net benefit by saving applicants the time and cost associated with obtaining and sending these documents, while not changing the actual required qualifications for licensure.

Businesses and Entities Affected. There are currently 1210 athletic trainers licensed in the Commonwealth. The proposed amendments would affect future applicants for licensure. According to the Department of Health Professions, most licensed athletic trainers work for universities, school systems or other athletic-centered organizations.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendment is unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposal to no longer require that applicants for athletic trainer licensure submit evidence of meeting the education requirement by way of a transcript and documentation of passage of the NATABOC examination will moderately reduce costs for the applicants by saving the time and postage associated with obtaining and sending these documents.

Small Businesses: Costs and Other Effects. The proposed amendments do not increase costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Board of Medicine concurs with the analysis of the Department of Planning and Budget for 18VAC85-120, Regulations Governing the Licensure of Athletic Trainers, relating to regulatory reform changes.

Summary:

The amendments clarify the current regulations and repeal redundant requirements. The Board of Medicine has determined that evidence of graduation by way of a transcript, as required in 18VAC85-120-60, and documentation of passage of the National Athletic Trainers' Association Board of Certification (NATABOC) examination, as required in 18VAC85-120-70, are redundant to criteria for certification and unnecessarily burdensome on applicants, educational institutions, and the board.

Part I
General Provisions

18VAC85-120-10. Definitions.

In addition to words and terms defined in § 54.1-2900 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Accredited educational program" means a program in athletic training accredited by the Commission on Accreditation of Athletic Training Education (CAATE) or any other agency approved by the National Athletic Trainers' Association Board of Certification (NATABOC) for its entry level certification examination or any other organization approved by the board.

"Advisory board" means the Advisory Board on Athletic Training to the board as specified in § 54.1-2957.5 of the Code of Virginia.

"Athletic trainer" means a person licensed by the Virginia Board of Medicine to engage in the practice of athletic training as defined in § 54.1-2900 of the Code of Virginia.

"Board" means the Virginia Board of Medicine.

"NATABOC" means the National Athletic Trainers' Association Board of Certification.

18VAC85-120-35. Fees.

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. The following fees have been adopted by the board:

1. The application fee shall be $130.

2. The fee for renewal of licensure shall be $135 and shall be due in the licensee's birth month, in each odd-numbered year.

3. A fee of $50 for processing a late renewal within one renewal cycle shall be paid in addition to the renewal fee.

4. The fee for reinstatement of a license that has expired for two or more years shall be $180 and shall be submitted with an application for reinstatement.

5. The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.

6. The fee for a duplicate renewal license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.

7. The fee for a returned check shall be $35.

8. The fee for a letter of verification to another jurisdiction shall be $10.

9. The fee for an inactive license shall be $70, and the fee for a late renewal shall be $25.

18VAC85-120-60. Educational requirements. (Repealed.)

An applicant for licensure shall:

1. Be a graduate of an accredited educational program for athletic trainers; or

2. Have met the educational requirement necessary to hold current credentialing as a Certified Athletic Trainer (ATC) from NATABOC or another credentialing body approved by the board.

18VAC85-120-70. Examination requirements. (Repealed.)

An applicant for a license to practice as an athletic trainer shall pass the NATABOC entry level examination for athletic trainers or its equivalent as determined by the board.

18VAC85-120-75. Provisional Temporary authorization to practice.

Upon written request from an applicant and his employer and for good cause shown, an applicant who provides documentation of current NATABOC certification and, if licensed or certified by another jurisdiction in the United States, documentation that his license or certificate is current and unrestricted, may be granted temporary authorization to practice as an athletic trainer for 45 days pending submission of all other required documentation and issuance of a license. At the discretion of the board, additional time, not to exceed 15 days, may be allowed to complete the application process.

18VAC85-120-80. Provisional licensure.

A. An applicant who is a graduate of an accredited education program and who has applied to take has been approved by NATABOC to sit for the certification examination may be granted a provisional license to practice athletic training under the supervision and control of an athletic trainer.

B. The graduate shall submit an application for a provisional license to the board for review and approval by the Chair of the Advisory Board on Athletic Training or his designee.

C. The provisional license shall expire six months from issuance or upon receipt of notification of a failing score on the NATABOC certification examination or upon licensure as an athletic trainer by the board, whichever comes first.

Part V
Fees

18VAC85-120-150. Fees. (Repealed.)

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. The following fees have been adopted by the board:

1. The application fee shall be $130.

2. The fee for renewal of licensure shall be $135 and shall be due in the licensee's birth month, in each odd-numbered year.

3. A fee of $50 for processing a late renewal within one renewal cycle shall be paid in addition to the renewal fee.

4. The fee for reinstatement of a license that has expired for two or more years shall be $180 and shall be submitted with an application for reinstatement.

5. The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.

6. The fee for a duplicate renewal license shall be $5, and the fee for a duplicate wall certificate shall be $15.

7. The fee for a returned check shall be $35.

8. The fee for a letter of verification to another jurisdiction shall be $10.

9. The fee for an inactive license shall be $70, and the fee for a late renewal shall be $25.

Part VI V
Standards of Professional Conduct