COPA | MATS

COMMITTEE ON PRACTICE ADVANCEMENT (COPA)

Chair

Bill Shinavier, MS, AT, ATC, CSCS
University of Michigan
copa.mats@gmail.com

Committee Members

Darryl Conway

Kayla Schrupp

Eric Simmons

Holli Schoonover

Kari Ewalt

Marcus Smithson

Mary Miller

Matt Sienkowski

Pat Dyer

Wendy Corelli

Courtney Havens

Brindy Skinner

Victoria Vintevoghel

Sub-Committees

NPI

Survey

PEC Talk

MATS Board Liaison

Mark Stonerock

NATA COPA

NOTICE

On November 27th 2018, Senate Bill 1204 was introduced by Senator Stamas in Lansing. This Bill proposes amending sections 17905 and 17906 of the Public Health Code specific to Athletic Training Licensure. This is in direct response to the first aid requirement that currently resides in the law. The proposed change would remove specific continuing education requirement language from the law, granting the Athletic Training Licensing Board the ability to define those requirements in the administrative rules. This amendment aligns our language with other health care professionals in Michigan and grants the AT Board the ability to determine the specifics of how many continuing education units will be required and how licensed Athletic Trainers are able to fulfil those requirements.

We [MATS] felt this was an important move to make given the recent change in clarification on the first aid requirement from the licensing department.

Please understand that with legislative matters, especially given the move into a lame duck session, the [MATS] Executive Board understood fully that SB 1204 would not have movement this session. However, introduction now places us in line to be reintroduced early in the session next year giving us a greater opportunity to have this passed into law in 2019. We [MATS] are working closely with our lobbyist on this matter and will keep the MATS membership updated on any and all progress.

If you have any questions please feel free to reach out directly at mats.pres@gmail.com

Sincerely,

Gretchen Goodman MA, AT, ATC

President, Michigan Athletic Trainers’ Society (MATS)

SB 1204

EVENTS

On Tuesday March 6, 2018 MATS sent two representatives to Capitol Hill Day to support the NATA and the following bills:

Public Law No: 115-254 (HR 302 / S 808): Sports Medicine Licensure Clarity Act of 2017

Introduced in the House by Rep. Brett Guthrie (KY-02) and Rep. Cedric Richmond (LA-02) on January 6, 2017.

Introduced in the Senate by Sen. John Thune (R-SD) and Sen. Amy Klobuchar (D-MN) on April 4, 2017.

Summary: This bill extends the liability insurance coverage of a state-licensed medical professional to another state when the professional provides medical services to an athlete, athletic team, or team staff member pursuant to a written agreement. Prior to providing such services, the medical professional must disclose to the insurer the nature and extent of the services. This extension of coverage does not apply at a health care facility or while a medical professional licensed in the state is transporting the injured individual to a health care facility.

Status: Became Public Law No: 115-254 on October 5, 2018.

H.R.3580: Protecting Student Athletes From Concussions Act of 2017

Introduced by Representative Mark DeSaulnier (D-CA) on July 28, 2017.

Summary: A bill to promote State requirements for local educational agencies and public elementary and secondary schools relating to the prevention and treatment of concussions suffered by students.

Status: Introduced in the House on July 28, 2017.

H.R.5138: Bipartisan HSA Improvement Act of 2018

Introduced by Representative Mike Kelly (R-PA) on March 1, 2018.

Summary: A summary is in progress.

Status: Introduced in the House on March 1, 2018.

S. 482 (H.R.1267): Personal Health Investment Today Act or the PHIT Act of 2017

Introduced by Jason Smith (R-MO) on March 1, 2017.

Summary: This bill amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses per year. The bill defines "qualified sports and fitness expenses" as amounts paid exclusively for the sole purpose of participating in a physical activity, including: (1) fitness facility memberships, (2) physical exercise or activity programs, and (3) equipment for a physical exercise or activity program.

NATA: A bill to amend the Internal Revenue Code of 1986 to treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care.

Status: Introduced in the House on March 1, 2017.

NATA Capitol Hill Day 2018

MICHIGAN CURRENT LEGISLATIVE ISSUES POTENTIALLY AFFECTING ATHLETIC TRAINERS (2017 - 2018 Session)

House Resolution No. 274: Introduced by Webber, Brinks, Chirkun, Clemente, Cochran, Cox, Crawford, Ellison, Faris, Green, Greig, Howrylak, Kelly, Liberati, Marino, Maturen, Phelps, Sabo, Sneller and Yanez

A resolution to declare March 2018 as Athletic Trainer Month in the state of Michigan. Introduced and adopted on March 14, 2018.

Whereas, Athletic trainers have a long history of providing quality health care for many types of patients and have acquired specific knowledge and skills acquired through their nationally regulated educational processes; and

Whereas, Athletic trainers provide for the treatment of an injury or illness through risk management and injury prevention, wellness promotion, clinical evaluation and assessment, immediate and emergency care, and through rehabilitation and reconditioning; and

Whereas, The National Athletic Trainers Association represents and supports 43,000 members of the athletic training profession, nearly 1,500 licensed in the state of Michigan, employed in professional and Olympic sports, colleges and universities, high schools, clinics, rural and urban hospitals, urgent and ambulatory care centers, corporate and industrial settings, performing arts centers, military branches, police and fire departments and physician practices; and

Whereas, Leading organizations concerned with athletic training and health care have joined together in a common desire to raise public awareness of the importance of the athletic training profession and to emphasize the importance of quality health care within the aforementioned settings. Such an effort will promote the athletic training profession and provide compassionate health care for all; now, therefore, be it Resolved by the House of Representative, That the members of this legislative body declare March 2018 as Athletic Trainer Month in the state of Michigan.

House Resolution No. 299: Howrylak, Allor, Canfield, Chang, Clemente, Cochran, Cox, Crawford, Elder, Ellison, Faris, Garrett, Gay-Dagnogo, Geiss, Greig, Hertel, Jones, Kahle, Lasinski, Lauwers, Liberati, Love, Maturen, Sabo, Singh, Sneller, Theis, Webber, Whiteford, Wittenberg, Yaroch and Zemke

A resolution to declare April 2018 as Michigan Student Athlete Cardiac Awareness Month in the state of Michigan. Introduced and adopted on April 11, 2018.

Whereas, The families of Kimberly Anne Gillary, Kayla Stanford, Thomas Noah Smith, and Wes Leonard have established Foundations (the "Foundations") in the memory of their lost sons and daughters to try to prevent other families from losing their sons and daughters to sudden cardiac arrest at school; and

Whereas, The Foundations have donated more than 935 Automated External Defibrillators (AEDs) to high schools and intermediate schools in the state of Michigan and have provided training to teachers and staff on the use of an AED and in CPR; and

Whereas, Approximately 75% of all Michigan high schools now have at least one AED on site due to the efforts of the Foundations founded by the families; and

Whereas, There have been at least 14 lives saved at Michigan high schools as a result of AEDs donated by the Foundations and other concerned organizations including 12 students; and

Whereas, As a result of the efforts of the Foundations, the Michigan Department of Health and Human Services (MDHHS), and the Michigan High School Athletic Association (MHSAA), there is an increased awareness of the importance of more effective pre-participation screening of our high school student athletes and of having readily available AEDs in our high schools; and

Whereas, The Foundations have worked with the Michigan Department of Health and Human Services to develop the Michigan HeartSafe School Program and to encourage Michigan high schools to receive certification as a Michigan HeartSafe School. To date there are at least 265 K-12 schools in Michigan that have received the MI HeartSafe School designation; and

Whereas, The Michigan Legislature has passed legislation to amend MCL 29.19 to require the governing body of any school in Michigan for grades kindergarten to 12 to adopt and implement a Cardiac Emergency Response Plan for the school; and

Whereas, Governor Snyder signed legislation to amend MCL 29.19 on February 25, 2014, thereby establishing that it is the public policy of Michigan that schools be adequately prepared to respond to a cardiac emergency on school property; and

Whereas, Lt. Governor Brian Calley signed Senate Bill No. 647 into law on December 28, 2016. It is now Public Act 388 of 2016 and requires all students in grades 7-12 to receive instruction in cardiopulmonary resuscitation (CPR) before graduation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2018 as Michigan Student Athlete Cardiac Awareness Month in the state of Michigan; and be it further

Resolved, That the people of the state of Michigan are encouraged to become more aware of the importance of improved pre-participation screening of our student athletes and the preparedness of our citizenry and public employees to respond to the sudden cardiac arrest of our sons and daughters while entrusted to our public schools in the course of their education; and be it further

Resolved, That the State Board of Education be urged to include provisions in policies and regulations for AED training in student health education courses and for regular AED drills, so that students and staff will be better prepared to use AEDs to save lives in schools and other public places; and be it further

Resolved, That copies of this resolution be transmitted to The Kimberly Anne Gillary Foundation, The KAYLA Foundation, The Thomas Smith Memorial Foundation, The Wes Leonard Heart Team, the Michigan High School Athletic Association, the Michigan Department of Health and Human Services, and the State Board of Education as a symbol of our support.

PUBLIC ACTS

PA 373 of 2018 (HB 5660): Introduced by Representative Leslie Love on February 27, 2018.

Summary: The Public Act amends Section 145c of the Michigan Penal Code to create enhanced penalties for aggravated possession, distribution, or production of child sexually abusive materials or child sexually abusive activity.

Status: Signed into law by Governor Snyder as Public Act 373 of 2018 on December 18, 2018.

PA 372 of 2018 (HB 5658): Introduced by Representative Laura Cox on February 27, 2018.

Summary: The Public Act amends the Code of Criminal Procedure to allow certain evidence to be admissible in criminal actions involving domestic violence or sexual assault.

Status: Signed into law by Governor Snyder as Public Act 372 of 2018 on December 18, 2018.

PA 370 (HB 5798): Introduced by Representative Thomas Albert on April 12, 2018.

Summary: The Public Act amends the Crime Victim's Right Act to allow additional individuals to make a victim impact statement if a victim were deceased, were mentally incapacitated, or consented to the designation of another individual.

Status: Signed into law by Governor Snyder as Public Act 370 of 2018 on December 18, 2018.

PA 235 of 2018 (HB 5141): Introduced by Bronna Kahle on October 19, 2017.

Summary: The Public Act -

Requires the Michigan Department of Education (MDE) to develop or adopt a career development model program of instruction, in consultation with the Department of Talent and Economic Development (TED).
Allows trade schools and skilled trade employers expanded recruitment access.
Allows noncertificated, nonendorsed individuals to teach career and technical education (CTE) programs and industrial technology education programs, as long as they meet other specified requirements.
Requires promulgation of rules allowing time spent engaging with local employers or technical centers to count toward continuing education or professional development.

Status: Signed into law by Governor Snyder as Public Act 235 of 2018 on August 15, 2018.

PA 137 of 2017 (SB 352): Introduced by Senator John Bizon on April 26, 2017.

Summary: The Public Act requires the department to review the concussion awareness training program and make recommendations regarding the frequency and any changes to the program that are developed or approved by the department.

Status: Signed into law by Governor Snyder as Public Act 137 of 2017 on October 26, 2017.

House Bills Introduced and Passed

HB 4020: Introduced by Pam Faris on January 12, 2017.

Summary: The bill would require an individual who is paid to or volunteers to conduct or assists in conducting K-12 interscholastic athletic activities or youth recreational athletic activities. This includes, but is not limited to, a coach, an assistant coach, a [athletic] trainer, an equipment manager, a facility manager, a sports official or referee, and support staff. An individual required to report under this subdivision shall be trained to recognize child abuse or child neglect in the same manner that a teacher or other individual is trained as required by the school or entity sponsoring or hosting the K-12 interscholastic activity or recreational athletic activity, if that training is required or provided by the School or entity.

Status: Introduced in the House on January 12, 2017.

HB 4269: Introduced by Jewell Jones on February 23, 2017.

Summary: The bill would require that an ambulance, along with appropriate emergency medical services personnel, is present at any interscholastic athletic event sponsored by a school district involving football or another sport or activity that the district considers to be high contact or otherwise reasonably likely to result in serious injury. MATS is neutral on this issue since it is being opposed by the Michigan High School Athletic Association (MHSAA).

Status: Introduced in the House on February 23, 2017. A similar bill (HB 4939 of 2015) did not pass during the last legislative session.

HB 5537: Introduced in the House by Representative Klint Kesto on February 8, 2018.

Summary: The bill would amend the Michigan Penal Code to prohibit a person from intentionally using his or her professional position of authority over another person to prevent or attempt to prevent that person from reporting child abuse, criminal sexual conduct (CSC).

Status: The bill passed the House on May 24, 2018 with 107 Yeas and 2 Nays.

HB 5538: Introduced in the House by Representative Brandt Iden on February 8, 2018.

Summary: Children; protection; mandatory reporting requirements for child abuse or child neglect; expand to include K-12 or post secondary coaches, athletic trainers, and volunteers.

Status: Introduced in the House on February 8, 2018. See also HB 4020 and SB 873.

HB 5659: Introduced by Representative Beth Griffin on February 27, 2018.

Summary: The bill would add individuals employed in a professional capacity at a postsecondary educational institution, as well as individuals who are paid to, or who volunteer to, conduct or assist in conducting K-12 or postsecondary interscholastic athletic activities or youth recreational athletic activities, which would include a coach, assistant coach, or athletic trainer, to the list of those who are required to report suspected child abuse or neglect.

Status: The bill passed the House on May 24, 2018 with 109 Yeas and 0 Nays.

HB 5783: Introduced in the House by Representative Mary Whiteford on April 12, 2018.

Summary: The bill expands the exemptions to the extended retention requirements to include emergency medical services; services to measure the patient’s temperature or administer a drug; and primarily relates to the patient’s urological, gastrointestinal, reproductive, gynecological, or sexual health. The bill expands the relevant professions covered by the guidance materials to include chiropractors, physical therapists, and athletic trainers.

Status: The bill passed the House on May 24, 2018 with 108 Yeas and 1 Nay.

HB 5787: Introduced by Representative Klint Kesto on April 12, 2018.

Summary: The bill would revise Section 90 of the Michigan Penal Code, which currently prohibits sexual intercourse with a female under the pretext of medical treatment. The current language would be replaced by a provision that is gender-neutral, encompasses sexual contact as well as sexual penetration.

Status: The bill passed the House on May 24, 2018 with 108 Yeas and 1 Nay.

HB 5788: Introduced by Representative Erika Geiss on April 12, 2018.

Summary: The bill would amend the sentencing guidelines portion of the Code of Criminal Procedure to specify that sexual contact under pretext of medical treatment would be a Class C felony against a person with a maximum term of imprisonment of 20 years. The bill is tie-barred to House Bill 5787, meaning that HB 5788 could not take effect unless HB 5787 were also enacted into law.

Status: The bill passed the House on May 24, 2018 with 108 Yeas and 1 Nay.

HB 5793: Introduced by Representative Lana Theis on April 12, 2018.

Summary: The bill would require written parental consent before procedures involving vaginal or anal penetration could be performed on a minor.

Status: The bill passed the House on May 24, 2018 with 108 Yeas and 1 Nay.

HB 6274: Introduced by Representative Abdullah Hammoud on June 12, 2018.

Summary: The bill would require the Michigan department of education and department of health and human services to develop and allow schools to offer concussion baseline testing annually for student athletes.

Status: Introduced in the House on June 12, 2018.

Senate Bills Introduced and Passed

SB 257: Introduced by Ian Conyers on March 21, 2017.

Summary: The bill would create the "Athletes with an Intellectual Disability Empowerment Commission." Part of the commission's responsibility includes:

Promote and raise awareness of recreational opportunities and athletic competitions for athletes with an intellectual disability.
Educate the general public on the benefits of athletics for people with intellectual disabilities.
Provide funding to identify and develop training programs for athletes with an intellectual disability.
Connect athletes with an intellectual disability with medical and sports programs at public universities in this state.
Investigate opportunities to attract events and championships for athletes with an intellectual disability to this state.

Status: Passed the Senate on June 12, 2018 with 36 Yeas and 0 Nays.

SB 873: Introduced by Senator Margaret O'Brien on February 27, 2018.

Summary: The bill would amend the Child Protection Law to extend reporting requirements to individuals employed in a professional capacity at a postsecondary educational institution and individuals who were paid or who volunteered to conduct K-12 or postsecondary interscholastic athletic activities or youth recreational athletic activities, including a coach, an assistant coach, or an athletic trainer. The Law requires individuals in various professions or occupations to report to the Department of Health and Human Services (DHHS) if they have reasonable cause to suspect child abuse or child neglect.

Status: Passed the Senate on March 14, 2018 with 34 Yeas and 1 Nays.

SB 1204: Introduced by Senator Jim Stamas on November 27, 2018.

Summary: Practice Act bill that modifies continuing education hours and certain licensing requirements in the Practice Act for athletic trainers. Removing language regarding first aid, CPR, AED, and CEU requirements. Removing this language will allow licensing requirements to better align with BOC national certification standards.

Status: Introduced in the Senate on November 27, 2018.

FEDERAL CURRENT LEGISLATIVE ISSUES POTENTIALLY AFFECTING ATHLETIC TRAINERS (2017 - 2018 Session)

S. 534: Protecting Young Victims from Sexual Abuse Act of 2017

PUBLIC LAW 115–126

Introduced by Dianne Feinstein (D-CA) on March 6, 2017.

Summary: This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse, including sexual abuse, to certain adults who are authorized to interact with minor or amateur athletes at a facility under the jurisdiction of a national governing body. A national governing body is an amateur sports organization that is recognized by the International Olympic Committee.

An individual who is required, but fails, to report suspected child sex abuse is subject to criminal penalties.

Additionally, the bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18.

Finally, the bill amends the Amateur Sports Act of 1978: (1) to authorize national governing bodies to develop training, practices, policies, and procedures to prevent the abuse of minor or amateur athletes; and (2) to require national governing bodies to develop and enforce policies, mechanisms, and procedures to prevent, report, and respond to the abuse of minor or amateur athletes.

Status: Passed into law. Assigned PUBLIC LAW 115–126.

HR 302 / S 808: Sports Medicine Licensure Clarity Act of 2017

Introduced in the House by Rep. Brett Guthrie (KY-02) and Rep. Cedric Richmond (LA-02) on January 6, 2017.

Introduced in the Senate by Sen. John Thune (R-SD) and Sen. Amy Klobuchar (D-MN) on April 4, 2017.

Status: The House of Representatives approved language changes made by the Senate and passed the Sports Medicine Licensure Clarity Act September 26, 2018. The Senate passed the Sports Medicine Licensure Clarity Act October 3, 2018.

The bill will now go to the President for signature.

MICHIGAN RECENT PUBLIC ACTS POTENTIALLY AFFECTING ATHLETIC TRAINERS (2015 - 2016 Session)

PRACTICE ACT PASSED - Public Act 166 of 2015 (HB 4263) Introduced by Andrea LaFontaine on October 6, 2015.

Summary: The bill amends the Public Health Code to decrease the yearly license fee for athletic trainers from $200 to $100, and change several continuing education requirements for renewing an athletic training license. Under the Act, an athletic trainer license is valid for a three-year cycle. To renew a license, an individual must pay a license renewal fee, clock at least 80 hours of continuing education within each three-year license cycle in subjects related to athletic training, and complete courses in first aid, cardiopulmonary resuscitation, and foreign body obstruction of the airway. The bill decreases the continuing education requirement from at least 80 hours to 75 hours, and require that an individual complete a course in automated external defibrillator use for health care professionals or emergency services personnel. The bill would delete the requirement that licensees complete a course in foreign body obstruction of the airway.

Status: Passed into law. Assigned Public Act 166 of 2015 on October 28, 2015.