Untitled Texas Attorney General Opinion ( 1974 )

December 12, 1974 The Honorable, Logan Wood, Jr. Opinion No. H- 471 Chairman Texas Board of Athletic Trainers Re: Extent to which high scheo; 6100 South Main Street coaches may perform the Houston, Texas 77001 duties of athletic trainer under Article 4512d,, V. T, C. 5 Dear Mr. Wood: You have asked the following questions: 1) Are persons employed and compensated by an Independent School District as “uncerti- fied trainers” who perform some or most of. the duties of athletic trainers, who are not licensed by the Texas Board of Athletic Trainers and who are not coaches, acting in violation of Article 4512d. V. T. C. S. ? 2) May coaches, athletic trainers and “uncertified trainers” use physical modalities such as diathermy and ultrasound in their work related to rehabilitation and treatment of athletes? An “athletic trainer” as defined ~by Article 4512d. section l(l), V.. ‘I’,, C. ,i is: . . . a person with specific quali,fications. as set forth in Section 9 of thi,s Act, who,. upon the advice an,d consent of his team physician carries out. the practice of prei-c&on and/or physical rebabilita~tion of injuries incurred by athletes. To c~arry out these fuxtions the Athletic, trainer is autbo~rized to use .physical modalities such as heat, light. sound, cold, el.cct~.ri cit.y, or mechanicai devices rel.at:ed to rehabilitation and treatment:, pe 2150 The Honorable Logan Wood, Jr., page 2 (H-471) Section 8 of the same Article provides that.: No person may hold himself out as an athletic trainer or perform, for compensation, any of the activities of an athletic trainer as defined in this Act without first obtaining a license under ,this Act. Section l(4) lists persons to whom the provisions of the Act do not apply. Among them are physicians, dentists, optometrists and nurses. These professionals may use physical modalities and other healing techniques similar to those of an athletic trainer so long as they are properly licensed to practice one of the listed professions and confine their practice to that profession. This office has also held in Attorney General Opinion M-1012 (1971) that athletic coaches who are not compensated to perform the duties of an athletic trainer are exempted from the licensing provisions of Article 4412d and may use physical modalities on athletes as a necessary activity in the performance of their duti.es as a coach. However, there is no mention of t’uncertified” trainers in section l(4) and no Attorney General Opinion or other legal authority which exempt such persons from the l,icensing requirements of Article 4512d. Thus, “uncertified” trainers cannot legally hold themselves out as athletic trainers, and they are not “authorized to use physical modalities such as heat, sound, cold, electricity or mechanical devices related to rehabilita tion and treatment, ” SUMMARY Persons who are not athktic coaches. who are employed by an’Indepen.dent School District as “uncerti’- Tied” lrainers. who perform some or most of the duties of at:hlet:ic trainers and who arc not licensed by ;be Texas Roard of Ath1.eti.c Trai,nrr,s are acti.ng i,n violat.ion of Article 451.2d, V. T. C. S. Such “uncertified” trainers are not authorized to use physical modalities such as p. 21.51 The Honorable Logan Wood, Jr., page 3 (H-471) diathermy and ultrasound in their work,related to rehabilitation and treatment of athletes~. Coaches and athletic trainers are authorized to use such physical modalities. Very truly yours, A JOHN I,. HILL Attorney General of Texas APPROVED: DAVID M. KENDALL, First Assistant C. ROBERT HEATH, Chairman . Opinion Committee p. 2i52