Title of Regulation: 18VAC85-120. Regulations Governing the Licensure of Athletic Trainers (amending 18VAC85-120-10).

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: December 30, 2015.

Effective Date: January 15, 2016.

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 that are reasonable and necessary to administer effectively the regulatory system.

The specific legal authority to promulgate regulations for licensure is found in § 54.1-2957.4 of the Code of Virginia.

Purpose: The purpose of the amended regulation is to define a "student athletic trainer" so there is no confusion between the activities of a person enrolled in an athletic training educational program at the bachelor's or master's degree level and a person who is a high school student who is acting as an aide to the athletic director or a coach. The student athletic trainer is permitted to perform tasks within the scope of a licensee provided he is appropriately trained and supervised in accordance with the provisions of 18VAC85-120-130 B. However, using a high school aide who does not have the educational background and skills to perform such tasks is potentially dangerous to the health and safety of student athletes. Therefore, it is necessary to define the term "student athletic trainer" to ensure that there is no confusion about the application of the regulation.

Rationale for Using Fast-Track Process: There is no controversy in the adoption of this amendment; it is clarifying in nature and may prevent a misunderstanding of the regulations.

Substance: The amended regulation will define a "student athletic trainer" as a person enrolled in an accredited bachelor's or master's level educational program in athletic training.

Issues: The primary advantage to the public is clarity in the regulation so that a high school student is not allowed to practice as a "student athletic trainer" in the performance of tasks that should be reserved for persons enrolled in an athletic training program on the college or university level. There are no disadvantages to the public.

There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Medicine (Board) proposes to add a definition for student athletic trainer to its regulation that sets rules for the licensing of athletic trainers.

Result of Analysis. The benefits likely exceed the costs for this proposed regulation.

Estimated Economic Impact. Currently, this regulation contains rules for student athletic trainers but does not contain a definition of what a student athletic trainer is. The Board now proposes to define a student athletic trainer as "a person enrolled in an accredited bachelor's or master's level educational program in athletic training." No entities are likely to incur costs on account of this change. To the extent that adding this definition clarifies the Board's rules, individuals who are seeking to understand these rules will benefit.

Businesses and Entities Affected. This proposed change will affect all student athletic trainers as well as any other individuals who might read this regulation.

Localities Particularly Affected. This proposed change will not particularly affect any locality in the Commonwealth.

Projected Impact on Employment. This proposed change will likely not affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. This proposed change will likely have no impact on the use or value of private property.

Real Estate Development Costs. This proposed change will likely not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. No small businesses will incur costs on account of this regulatory change.

Alternative Method that Minimizes Adverse Impact. No small businesses will incur costs on account of this regulatory change.

Adverse Impacts:

Businesses: This proposed change is unlikely to adversely impact any business in the Commonwealth.

Localities: This proposed change is unlikely to adversely impact localities.

Other Entities: This proposed change is unlikely to adversely impact any other entities in the Commonwealth.

Agency's Response to Economic Impact Analysis: The Board of Medicine concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendment clarifies that the term "student athletic trainer" as used in the regulation means a person enrolled in an accredited bachelor's or master's level education program in athletic training.

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:

"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.

"Student athletic trainer" means a person enrolled in an accredited bachelor's or master's level educational program in athletic training.