The Attorney General of Texas
December 27, 1978
JOHN L. HILL
Attorney General
Honorable J. D. Wendeborn, Chairman Opinion No. H-1 3 66
Texas State Board of Physical Therapy
Examiners Re: Whether athletic coaches
5555 N. Lamar, H-135 may use physical therapy
Austin, Texas 78751 devices.
Dear Mr. Wendeborn:
You ask whether athletic coaches who use physical therapy modalities
are in violation of article 4512d, V.T.C.S., which requires athletic trainers to
be licensed, or article 4512e, V.T.C.S., which requires physical therapists to
be licensed.
An athletic trainer “carries out the practice of prevention and/or
physical rehabilitation of injuries incurred by athletes” by using “physical
modalities such as heat, light, sound, cold, electricity, or mechanical devices
related to rehabilitation and treatment.” V.T.C.S. art. 4512d, S l(1). The
licensing requirement applies to persons who hold themselves out as athletic
trainers or perform any of the activities of athletic trainers for compensa-
tion. Sec. 8. In Attorney General Opinion M-1012(1971) this office concluded
that athletic coaches who do not hold themselves out as athletic trainers end
who were not compensated to perform the activities of an athletic trainer
were not required to be licensed under article 4512d, V.T.C.S. The opinion
stated that athletic coaches could legally use physical therapy modalities
such as ultrasound and diathermy devices to treat athletes. We reaffirmed
this conclusion in Attorney General Opinion H-471 (1974).
The physical therapy statute, article 4512e, V.T.C.S., and the athletic
trainer statute, article 4512d, V.T.C.S., were passed in the same session of the
legislature and should be construed in pari materia. Each statute provides an
exemption for persons licensed under the other Act. V.T.C.S. arts. 4512d, S
l(4); 4512(e), S 6. We believe that the legislature intended tha~t the two acts
be mutually exclusive. Since the care of athletes is the more specific
activity, we believe the legislature intended that coaches be regulated, if at
all, under that statute. Since it has been determined that coaches are not
required to be licensed under that Act, we believe it follows that they are not
required to be licensed under the physical therapy act.
P. 5140
Honorable J. D. Wendeborn - Page 2 (H-1306)
This conclusion is supported by the legislative acquiesence in the conclusion
of Attorney General Opinion M-1012. Three regular sessions of the legislature have
convened since the Attorney General stated that coaches were authorized to use
physical therapy modalities on athletes as a necessary activity in the performance
of their duties as a coach and no legislation has been enacted to alter that result.
SUMMARY
Athletic coaches are not required to be licensed under the
physical therapy statute, article 4512e, V.T.C.S., in order to
utilize physical therapy modalities as a necessary activity in
their performance of their duties as a coach.
Very truly yours,
Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jsn
P. 5141