N.Y. Education Law § 8351: Definition

§ 8351. Definition. 1. As used in this article "athletic trainer"

means any person who is duly licensed in accordance with this article to

perform athletic training under the supervision of a physician and

limits his or her practice to secondary schools, institutions of

postsecondary education, professional athletic organizations, amateur

athletic organizations, non-profit athletic organizations, dance

organizations, military academies and facilities of the United States,

fire training programs or academies, and police training schools and

academies. An athletic trainer may also, under the supervision of a

physician in a health care organization or a physician's private

practice, carry out comparable functions on orthopedic athletic

injuries.

2. Supervision of an athletic trainer by a physician shall be

continuous but shall not be construed as requiring the physical presence

of the supervising physician at the time and place where such services

are performed, provided however, that such supervision shall include a

signed written agreement or protocol created collaboratively between the

supervising physician and licensed athletic trainer. The written

agreement or protocol shall address and describe the nature and scope of

athletic training services to be performed by such licensed athletic

trainer, in accordance with this title. Such written agreement or

protocol shall be reviewed at least once a year by the supervising

physician and athletic trainer and revised if necessary. No physician

shall supervise more than four athletic trainers, except that such

limitation shall not apply for athletic trainers practicing in secondary

schools, and institutions of postsecondary education, who are practicing

under the supervision of a physician who serves as the medical director

for such school or institution.

3. An athletic trainer shall make a written or oral referral to a

physician of any individual being treated for an orthopedic athletic

injury whose symptoms have not improved for a period of four days from

the day of onset. An individual treated for an orthopedic athletic

injury by an athletic trainer in a healthcare organization or a

physician's private practice shall receive a medical evaluation or

reevaluation if treatment by the athletic trainer exceeds two weeks.

4. The scope of work described in this section shall not be construed

as authorizing the management and treatment of acute, subacute, or

chronic neurological pathologies and comorbidities or neurological

disease processes. Athletic trainers may, however, perform an initial

evaluation and triage of emergent neurological conditions such as

potential concussions, spinal cord injuries or nerve injuries that

result from engagement in athletic activity, and following the

individual's clearance by the supervising physician, the athletic

trainer may work with the individual pursuant to the signed written

agreement or protocol to manage, monitor and treat concussions and

peripheral nerve injuries in such settings as part of the rehabilitation

to return to athletic activity subject to the limitations of subdivision

one of this section.