HF5079

Purpose

• Establish an interstate licensure compact for athletic trainers, creating a framework that lets licensed athletic trainers practice in multiple member states through a compact privilege, while preserving each state's authority to regulate practice and protect public health and safety.

Key Provisions and What the Bill Seeks to Accomplish

• Creation of the Athletic Trainer Compact Commission

  • A joint government entity made up of one commissioner from each member state’s licensing authority.
  • Powers include creating rules and bylaws, managing finances, overseeing enforcement and compliance, and coordinating information sharing among states.
  • Meetings and open governance rules, with provisions for emergency or closed sessions in certain circumstances.

• Membership and state participation

  • States must enact statutes that are not materially different from the model language and must regulate athletic training, ensure continuing competence, handle complaints, and grant compact privileges to eligible licensees.
  • States participate in a data system to track licenses, adverse actions, investigations, and other key information.
  • States may charge fees for issuing and renewing compact privileges.

• Definitions and core concepts

  • Athletic training, compact privilege, compact qualifying license, remote state, single state license, encumbrance, adverse action, current significant investigative information, criminal background check, data system, continuing competence, and related terms (BOC, CAATE, model compact language, etc.).
  • BOC (Board of Certification) and CAATE (Commission on Accreditation of Athletic Training Education) figures into certification and education pathways.

• Compact privilege pathways and scope of practice

  • To practice in a remote state under the compact, an athletic trainer must: complete a criminal background check in the qualifying state and meet one of two pathways.
  • Pathway A: hold a valid active certification through the BOC (or successor).
  • Pathway B: complete an education pathway (bachelor’s or CAATE-accredited equivalent; or substantial equivalent) and pass the BOC exam (or successor) or its substantial equivalent.
  • Must hold a compact qualifying license and have no disqualifying encumbrances within the prior two years; must be eligible for compact privileges in member states; pay applicable fees; meet continuing competence requirements; satisfy jurisprudence requirements; and report adverse actions or significant investigative information within a specified timeframe.
  • The compact privilege is valid for the life of the qualifying license and renews in alignment with it; can hold compact privileges in multiple states.
  • Practice is governed by the scope of practice laws of the remote state where the patient is located; licensees are responsible for understanding and complying with those rules.
  • If a remote state removes a licensee’s compact privilege for due process or health/safety reasons, the privilege can be suspended or terminated in that state, and may impact privileges in other states.

• Adverse actions, investigations, and enforcement

  • A member state where a license is issued has exclusive authority to impose adverse action on that license.
  • Remote states can take adverse action against a licensee’s compact privilege and may issue subpoenas; actions follow the rules and due process of the respective state.
  • Information sharing among member states is encouraged for investigations and discipline, with confidentiality preserved unless required by law or agreed upon.
  • Conduct in one state that was legal at the time cannot be used to discipline a licensee in another state.

• Military exemptions

  • Active military members and their spouses are exempt from paying a commission fee for a compact privilege; states may offer reduced or no fee options.

• Designation and limitations of the qualifying license

  • A licensee designates one license as their compact qualifying license; the designation process is subject to compact rules.
  • The compact does not require the qualifying licensure state to be the licensee’s primary residence or primary practice state.
  • The compact does not override existing single-state licensure requirements or the ability to hold multiple single-state licenses.

Significant Changes to Existing Law

• Creation of a new cross-state licensure framework for athletic trainers in Minnesota, replacing or supplementing existing single-state practice authority with a multi-state compact model.
• New statutory sections establishing and governing the Athletic Trainer Compact Commission, including its structure, powers, meetings, and governance.
• Mandatory criminal background checks and continuing competence standards as prerequisites for compact privileges.
• Requirement for data sharing and coordinated adverse action procedures across member states.
• New pathways for obtaining and maintaining a compact privilege, including education- and certification-based routes and strict reporting obligations.
• Provisions to protect active military members and their spouses from certain fees.
• Clear linking of Minnesota's athletic trainer licensure process to the broader interstate framework, including rules about scope of practice in remote states and the handling of encumbrances and suspensions.

Implementation and Oversight (High-level)

• The bill outlines the minimum requirements for states to participate, including statutory alignment with model language and mechanisms for addressing complaints and disciplinary actions.
• A centralized compact commission will oversee the compact’s administration, including budgeting, recordkeeping, enforcement coordination, and public reporting.
• The bill sets up procedures for joint investigations, subpoenas, and cross-state enforcement, while safeguarding confidentiality and due process.

Practical Effects for Practitioners and Public

• Athletic trainers licensed in Minnesota could practice in other member states without obtaining a separate traditional license, provided they meet the compact’s criteria.
• Patients in remote states would be served by practitioners under the same general standards, but must be treated under the remote state's scope of practice rules.
• Increased emphasis on background checks, continuing education, and inter-state data sharing to protect public health and safety.

Relevant Terms - Athletic trainer - Compact - Compact privilege - Compact qualifying license - Remote state - Member state - Data system - Adverse action - Current significant investigative information - Criminal background check - Continuing competence - BOC (Board of Certification) - CAATE (Commission on Accreditation of Athletic Training Education) - Model compact language - Licensing authority - Encumbrance - Jurisprudence requirement - Exclusive authority - Joint investigations - Subpoenas - Active military member and spouses - Scope of practice - single state license - qualifying licensure state