06 LC 33
0878
Senate
Bill 401
By:
Senators Jones of the 10th, Brown of the 26th, Douglas of the 17th, Williams of
the 19th, Adelman of the 42nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating
to athletic trainers, so as to provide for the licensure of personal trainers;
to add a definition; to provide that the Georgia Board of Athletic Trainers
shall establish guidelines for personal trainers; to provide that no person
shall provide personal training without a license; to provide for qualifications
for personal trainers; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic
trainers, is amended by striking Code Section 43-5-1, relating to definitions,
and inserting in lieu thereof the following:
"43-5-1.
As
used in this chapter, the term:
(1)
'Athletic injury' means any injury sustained by a person as a result of such
persońs
participation in exercises, sports, games, or recreation requiring physical
strength, agility, flexibility, range of motion, speed, or stamina or any
comparable injury which prevents such person from participating in such
activities.
(2)
'Athletic trainer' means a person with specific qualifications, as set forth in
Code Section 43-5-8 who, upon the advice and consent of a physician, carries out
the practice of prevention, recognition, evaluation, management, disposition,
treatment, or rehabilitation of athletic injuries; and, in carrying out these
functions, the athletic trainer is authorized to use physical modalities, such
as heat, light, sound, cold, electricity, or mechanical devices related to
prevention, recognition, evaluation, management, disposition, rehabilitation,
and treatment. The term 'athletic trainer' shall not include any student,
teacher, or other person who serves as an athletic trainer for an elementary
school or high school, either public or private, within this state.
(3)
'Board' means the Georgia Board of Athletic Trainers.
(4)
'Personal trainer' means a person with specific qualifications, as set forth in
Code Section 43-5-8.1, who provides personal training and instruction in
physical fitness and conditioning to
individuals."
SECTION
2.
Said
chapter is further amended by striking subsection (c) of Code Section 43-5-6,
relating to general powers and duties of the Georgia Board of Athletic Trainers,
and inserting in lieu thereof the following:
"(c)
The board shall establish guidelines for athletic trainers
and personal
trainers in the state and prepare and
conduct an examination for applicants for a
license."
SECTION
3.
Said
chapter is further amended by striking Code Section 43-5-7, relating to license
requirements for persons engaged as athletic trainers, and inserting in lieu
thereof the following:
"43-5-7.
(a)
No person shall hold himself or herself out as an athletic trainer or perform,
for compensation, any of the activities of an athletic trainer, as defined in
this chapter, without first obtaining a license under this chapter; provided,
however, that nothing in this chapter shall be construed to prevent any person
from serving as a student-trainer, assistant-trainer, or any similar position if
such service is not primarily for compensation and is carried out under the
supervision of a physician or a licensed athletic trainer.
(b)
No person shall hold himself or herself out as a personal trainer or perform,
for compensation, any of the activities of a personal trainer, as defined in
this chapter, without first obtaining a license under this
chapter."
SECTION
4.
Said
chapter is further amended by adding after Code Section 43-5-8, relating to
qualifications of applicants and reciprocity, a new Code section to read as
follows:
"43-5-8.1.
(a)
An applicant for a personal
traineŕs
license must have met minimum qualifications and training requirements as
established by the board.
(b)
The board may grant a personal
traineŕs
license without examination to any qualified applicant who holds a certification
from the National Board of Fitness
Examiners."
SECTION
5.
Said
chapter is further amended by striking Code Section 43-5-9, relating to
application for licenses, issuance of licenses to qualified applicants, and term
of license, and inserting in lieu thereof the following:
"43-5-9.
(a)
An applicant for an athletic
traineŕs
license or a
personal
traineŕs
license must submit an application to the
board on forms prescribed by the board and submit the examination fee required
by this chapter.
(b)(1)
The applicant is entitled to an athletic
traineŕs
license if he
or
she possesses the qualifications
enumerated in Code Section 43-5-8, satisfactorily completes an examination
approved by the board, pays the required license fee, and has not committed an
act which constitutes grounds for denial of a license under Code Section
43-5-10.
(2)
The applicant is entitled to a personal
traineŕs
license if he or she possesses the qualifications enumerated in Code Section
43-5-8.1, satisfactorily completes an examination approved by the board, pays
the required license fee, and has not committed an act which constitutes grounds
for denial of a license under Code Section 43-5-10.
(c)
Licenses issued by the board shall expire biennially. As a condition of license
renewal, the board shall be authorized to require licensees to complete
continuing education courses approved by the
board."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.