LRB-2195/4
CTS:cjs:md
2009 - 2010 LEGISLATURE
January 28, 2010 - Introduced by Representatives Molepske Jr., Bernard
Schaber, Ballweg, Milroy, Bies, Mason, Townsend, Soletski, A. Ott, Zigmunt

and Steinbrink, cosponsored by Senators Hansen and Jauch. Referred to
Committee on Health and Healthcare Reform.
AB693,1,7 1An Act to repeal 448.95 (2), 448.95 (3), 448.953 (3) and (4) and 448.956 (1) (am);
2to amend 448.95 (5) (a), 448.95 (5) (b), 448.95 (5) (c), 448.95 (5) (d), 448.952 (3),
3448.953 (1) (f), 448.954 (2), 448.9545 (2) (a), 448.955 (1), 448.956 (2) (b), 448.956
4(3) (intro.), 448.956 (3) (a), 448.956 (3) (b) and 448.956 (3) (c); and to create
5448.95 (5) (e), 448.95 (5) (f), 448.95 (7) and 448.956 (1m) of the statutes;
6relating to: the practice of athletic trainers and granting rule-making
7authority.
Analysis by the Legislative Reference Bureau
This bill makes several changes to current law regarding the practice of athletic
trainers.
Under current law, no person may use the title "athletic trainer" or otherwise
represent himself or herself as an athletic trainer unless the person is licensed by the
athletic trainers affiliated credentialing board (board). Current law authorizes the
board to grant two types of temporary licenses in addition to standard renewable
licenses. A licensed athletic trainer may engage in athletic training only in
accordance with an evaluation and treatment protocol established by the athletic
trainer and approved by a physician who consults with the athletic trainer. Current
law defines "athletic training" as doing any of the following: 1) preventing,
recognizing, and evaluating athletic injuries; 2) managing and administering the

initial treatment of athletic injuries; 3) giving emergency care or first aid for an
athletic injury; or 4) rehabilitating and physically reconditioning athletic injuries.
"Athletic injury" means an injury or illness that is sustained by an athlete as a result
of, or that impedes or prevents an athlete from, participating in exercise, sports,
games, or recreation. Additionally, current law permits a licensed athletic trainer
to treat or rehabilitate an employee of the athletic trainer's primary employer with
an injury that is identical to an athletic injury and that has resulted from an
occupational activity, if directed and supervised by a physician or chiropractor.
Currently, an evaluation and treatment protocol must require a licensed
athletic trainer to notify the consulting physician as soon as possible if a person being
treated by the athletic trainer sustains new injuries. Also under current law, if a
licensed athletic trainer or the trainer's consulting physician determines that a
patient's medical condition is beyond the scope of the athletic trainer's practice, the
athletic trainer must refer the patient to a licensed physician, physical therapist,
podiatrist, chiropractor, or dentist who can provide appropriate treatment to the
patient (referral requirement).
This bill deletes the current provisions authorizing the board to grant
temporary licenses. The bill alters the definition of "athletic training" by replacing
"athletic injury" with "injury or illness sustained while participating in physical
activity" in the four activities that currently constitute athletic training. Under the
bill, "physical activity" means vigorous participation in exercise, sports, games,
recreation, wellness, fitness, or employment activities. The bill also creates two
additional activities that constitute athletic training: 1) rehabilitating and
physically reconditioning injuries or illnesses that impede or prevent an individual
from participating in physical activity, if the individual recently participated in, and
intends to return to participation in, physical activity, and 2) establishing or
administering risk management, conditioning, and injury prevention programs.
The bill specifies that a licensed athletic trainer may 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 one of
several types of health care practitioners specified in the bill.
The bill deletes the requirement that an evaluation and treatment protocol
mandate notification of the consulting physician of new injuries, but does not affect
the referral requirement. Under the bill, a licensed athletic trainer may treat or
rehabilitate an employee with an injury or illness, if directed and supervised by a
physician or chiropractor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB693, s. 1 1Section 1. 448.95 (2) of the statutes is repealed.
AB693, s. 2 2Section 2. 448.95 (3) of the statutes is repealed.
AB693, s. 3
1Section 3. 448.95 (5) (a) of the statutes is amended to read:
AB693,3,32 448.95 (5) (a) Preventing, recognizing and evaluating athletic injuries or
3illnesses sustained while participating in physical activity
.
AB693, s. 4 4Section 4. 448.95 (5) (b) of the statutes is amended to read:
AB693,3,65 448.95 (5) (b) Managing and administering the initial treatment of athletic
6injuries or illnesses sustained while participating in physical activity.
AB693, s. 5 7Section 5. 448.95 (5) (c) of the statutes is amended to read:
AB693,3,98 448.95 (5) (c) Giving emergency care or first aid for an athletic injury or illness
9sustained while participating in physical activity
.
AB693, s. 6 10Section 6. 448.95 (5) (d) of the statutes is amended to read:
AB693,3,1211 448.95 (5) (d) Rehabilitating and physically reconditioning athletic injuries or
12illnesses sustained while participating in physical activity
.
AB693, s. 7 13Section 7. 448.95 (5) (e) of the statutes is created to read:
AB693,3,1714 448.95 (5) (e) Rehabilitating and physically reconditioning injuries or illnesses
15that impede or prevent an individual from returning to participation in physical
16activity, if the individual recently participated in, and intends to return to
17participation in, physical activity.
AB693, s. 8 18Section 8. 448.95 (5) (f) of the statutes is created to read:
AB693,3,2019 448.95 (5) (f) Establishing or administering risk management, conditioning,
20and injury prevention programs.
AB693, s. 9 21Section 9. 448.95 (7) of the statutes is created to read:
AB693,3,2322 448.95 (7) "Physical activity" means vigorous participation in exercise, sports,
23games, recreation, wellness, fitness, or employment activities.
AB693, s. 10 24Section 10. 448.952 (3) of the statutes is amended to read:
AB693,4,5
1448.952 (3) An athletic trainer who is in this state temporarily with an
2individual or group that is participating in a specific athletic event or series of
3athletic events and who is licensed, certified, or registered by another state or
4country or certified as an athletic trainer by the Board of Certification of the National
5Athletic Trainers' Association Board of Certification, Inc., or its successor agency.
AB693, s. 11 6Section 11. 448.953 (1) (f) of the statutes is amended to read:
AB693,4,117 448.953 (1) (f) Submits evidence satisfactory to the affiliated credentialing
8board that he or she has met the requirements for certification established by the
9National Athletic Trainers' Association Board of Certification, Inc., or its successor
10agency
and has passed the certification examination administered by the National
11Athletic Trainers' Association Board of Certification , Inc., or its successor agency.
AB693, s. 12 12Section 12. 448.953 (3) and (4) of the statutes are repealed.
AB693, s. 13 13Section 13. 448.954 (2) of the statutes is amended to read:
AB693,4,1614 448.954 (2) In lieu of an examination under sub. (1), the affiliated credentialing
15board may accept the results of an examination administered by the National
16Athletic Trainers' Association Board of Certification , Inc., or its successor agency.
AB693, s. 14 17Section 14. 448.9545 (2) (a) of the statutes is amended to read:
AB693,4,2018 448.9545 (2) (a) A course that has been approved for continuing education
19credit by the National Athletic Trainers' Association Board of Certification, Inc., or
20its successor agency
.
AB693, s. 15 21Section 15. 448.955 (1) of the statutes is amended to read:
AB693,4,2422 448.955 (1) The renewal dates for licenses granted under this subchapter, other
23than temporary licenses granted under s. 448.953 (3) or (4),
are specified under s.
24440.08 (2) (a).
AB693, s. 16 25Section 16. 448.956 (1) (am) of the statutes is repealed.
AB693, s. 17
1Section 17. 448.956 (1m) of the statutes is created to read:
AB693,5,62 448.956 (1m) A licensee may provide athletic training to an individual without
3a referral, except that a licensee may not provide athletic training as described under
4s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has
5obtained a written referral for the individual from a practitioner licensed or certified
6under subch. II, III, IV, V, or VII of this chapter; under ch. 446; or under s. 441.16 (2).
AB693, s. 18 7Section 18. 448.956 (2) (b) of the statutes is amended to read:
AB693,5,118 448.956 (2) (b) Suggest modifications in treatment or rehabilitation of an
9injured person to the consulting physician health care practitioner who referred the
10person to the athletic trainer
or to any other health care provider who is providing
11treatment to the person.
AB693, s. 19 12Section 19. 448.956 (3) (intro.) of the statutes is amended to read:
AB693,5,1513 448.956 (3) (intro.) When working on behalf of his or her primary employer, a
14licensee may, in accordance with a protocol established under sub. (1) (a), do all of the
15following:
AB693, s. 20 16Section 20. 448.956 (3) (a) of the statutes is amended to read:
AB693,5,1817 448.956 (3) (a) Treat and rehabilitate an athletic injury or illness using cold,
18heat, light, sound, electricity, exercise, chemicals, or mechanical devices.
AB693, s. 21 19Section 21. 448.956 (3) (b) of the statutes is amended to read:
AB693,5,2120 448.956 (3) (b) Evaluate and treat a person for an athletic injury or illness that
21has not previously been diagnosed.
AB693, s. 22 22Section 22. 448.956 (3) (c) of the statutes is amended to read:
AB693,6,323 448.956 (3) (c) Treat or rehabilitate an employee of the primary employer with
24an injury or illness that is identical to an athletic injury and that has resulted from
25an occupational employment activity as directed, supervised, and inspected by a

1physician, as defined in s. 448.01 (5), or by a person licensed under s. 446.02, who has
2the power to direct, decide, and oversee the implementation of the treatment or
3rehabilitation.
AB693,6,44 (End)
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