PROPOSAL
Maryland Register
Issue Date: May 12, 2017
Volume 44 • Issue 10 • Pages 494—495
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 32 BOARD OF PHYSICIANS
10.32.08 Licensure of Athletic Trainers
Authority: Health Occupations Article, §§14-5D-06 and 14-5D-11.3, Annotated Code of Maryland
Notice of Proposed Action
[17-126-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulation .06 under COMAR 10.32.08 Licensure of Athletic Trainers. This action was considered at a public meeting on January 25, 2017, notice of which was provided by posting on the Board of Physicians’ website, http://www.mbp.state.us/forms/mar17fullagenda.pdf, from January 11, 2017— January 25, 2017, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to implement required revisions to the Athletic Trainer regulations pursuant to Chapters 411 and 412, Acts of 2016. This proposal:
(1) Permits, under limited circumstances, an athletic trainer to practice after receiving written authorization from the Athletic Trainer Advisory Committee and clarifies when Board of Physician’s (Board) approval is required;
(2) Requires the Board to send written notice to the primary supervising physician and to the athletic trainer if the Board disapproves an evaluation and treatment protocol or a specialized task under a protocol; and
(3) Provides that a member of the Board is not civilly liable for any act or omission relating to the approval, modification, or disapproval of an evaluation and treatment protocol.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through June 12, 2017. A public hearing has not been scheduled.
.06 Evaluation and Treatment Protocol.
A. (text unchanged)
B. Process and Approval.
(1) A licensed athletic trainer [and the athletic trainer’s supervising physician] shall [submit]:
(a) Submit an evaluation and treatment protocol on a form approved by the Board; and
(b) Pay the fee as specified in Regulation .08 of this chapter.
[(2) Fee.
(a) Except as provided in §B(2)(b) of this regulation, the applicants shall pay a fee as specified in Regulation .08 of this chapter.
(b) The evaluation and treatment protocol fee shall be waived for an evaluation and treatment protocol received by the Board on or before September 30, 2012.
(3) A licensed athletic trainer may not practice athletic training:
(a) Before the Board has approved the evaluation and treatment protocol between the supervising physician and the athletic trainer;
(b) Beyond the scope of practice delegated by the supervising physician in the Board-approved evaluation and treatment protocol; or
(c) In a location not identified in the Board-approved evaluation and treatment protocol.]
(2) A licensed athletic trainer may practice athletic training after receiving written approval from the Committee.
(3) The Committee shall conditionally approve an evaluation and treatment protocol if:
(a) The evaluation and treatment protocol does not include specialized tasks; or
(b) The evaluation and treatment protocol includes specialized tasks that have been previously approved by the Board.
(4) If an evaluation and treatment protocol includes a specialized task that has not been previously approved by the Board, the athletic trainer may perform the specialized task only after receiving written approval from the Board.
(5) After consideration by the Committee, the Board shall either:
(a) Approve the evaluation and treatment protocol and any specialized tasks; or
(b) Disapprove the evaluation and treatment protocol or a specialized task if the Board determines that the evaluation and treatment protocol or specialized task does not meet the requirements in Health Occupations Article, §14-5D-11.3(b), Annotated Code of Maryland.
(6) If the Board disapproves an evaluation and treatment protocol or a specialized task included in an evaluation and treatment protocol, the Board shall send written notice of the disapproval to the:
(a) Primary supervising physician; and
(b) Athletic trainer.
(7) An athletic trainer who receives notice of a disapproval of an evaluation and treatment protocol from the Board shall immediately cease:
(a) Practicing under the evaluation and treatment protocol; or
(b) Performing the specialized task.
(8) An individual member of the Board is not civilly liable for any act or omission relating to the approval, modification, or disapproval of an evaluation and treatment protocol.
C.—D. (text unchanged)
DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene
