Honorable Logan Wood, Jr. Opinion No. M-1012
Chairman
Texas Board of Athletic Trainers
2020 Mangup
Houston, Texas 77018
Re: Questions relating to quali-
fication and practice under
authority of the Texas
Board of Athletic Trainers
(H.B. 602, Acts 62nd Leg.,
R-8. 1971, ch. 498. p. 1722,
Dear Mr. Wood: codified as'Art. 4512d, V.C.S.).
In your letter requesting an opinion from this office, you
ask us to construe the provisions of Article 4512d. Vernon's
Civil Statutes (H.B. 602, Acts 62nd Leg., R-S., 1971, ch. 498,
p. 1722) in answering the following questions:
1. Is an athletic coach authorized to
utilize physical modalities such as ultra-
sound, diathermy, whirlpool, or similar de-
vices on athletes?
2. What legal steps may be taken against
a person who holds'himself out as an athletic
trainer or performs for compensation activities
of an athletic trainer without first obtaining
a license?
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Honorable Logan Wood, page 2 (M-1012)
3. May a member of the Texas Board of
Athletic Trainers also serve with or without
pay as the executive secretary to the Board.
We will answer your questions in the order they are submitted.
1. The Texas Board of Athletic Trainers was created by
the provisions of House Bill 602, Acts 62nd Legislature, Regular
Session, 1971, chapter 498, page 1722, codified as Article 45128,
Vernon's Civil Statutes. Section 8 of the Act provides that:
"Sec.8. No person may hold himself out
as an athletic trainer or perform, for compensa-
tion, any of the activities of an athletic
trainer as defined in this Act without first
obtaining a license under this Act."
Section 17 of the Act provides that Section 8 shall become
effective on January 1, 1972. Section l(1) of the Act defines
"athletic trainer" as follows:
"(1) 'Athletic Trainer' means a person
with specific qualifications, as set forth in
Section 9 of~'this Act, who, upon the advice
and consent of his team physician carries out
the practice of prevention and/or physical
.
rehabilitation of injuries incurred by ath-
letes. To carry out these functions the
Athletic trainer is authorized to use physical
'modalities such as heat, light, sound, cold,
electricity, or mechanical devices related
to rehabilitation and treatment."
Section l(4) of ths Act exempts certain classes of persons
from the provisions of the,Act. Although athletic coaches are not
expressly exempted by the provisions of Section l(4) from the
licensing provisions of the Act, it is our opinion that those
persons who do not hold themselves out to the public as athletic
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Honorable Logan Wood, page ,3 :(M-1012))
trainers and whose profession or occupation is that of an
athletic coach and who are not compensated to perform the
activities of an "athletic,trainer" are exempted from the pro-
visions of House Bill 602,and may use physical modalities on
athletes as a necessary activity in the performance of their
duties as an athlet,ic coach.'
2. On January 1, 1972, ,and thereafter, anyone who holds
himself out as an athletic trainer or performs for compensa-
tion any of the activities of an athletic trainer, without first
obtaining a license under the Act, may be prosecuted under the
provisions of Section 15. Section 15 of the Act provides th,at:
"Sec. 15~. Any person who violates a provision
of this Act is guilty of a mi,sdemeanor and on con-
viction is punishable by a fine of not less than
Twenty-five ($25) or more than Two Hundred. ($200)
Dollars."
Since the maximum penalty for those who,violate the pro-
visions of House Bill 602 is by a fine of not more than Two Hundred
($200) Dollars, a Justice Court in the county in which the viola-
tion occurred would have jurisdiction of the,,offense. Article V,
Section 19, Texas Constitution. In this regard, a county or
district attorney or any other interested citizen of .the county
in which the violation occurred who has information regarding
the violation of any of the provisions of .the Act may file a
complaint against the 'violator in the Justice Court.
3. Section 3 of the Act provides for the organization of
the Board and includes a Chairman, Vice-Chairman, Secretary-
Treasurer and such committees as the Board deems necessary.
Such organization does not include an executive secretary.
Subdivision (d) of Section 5 of the Act authorizes the Board
to employ an executive secretary and other persons necessary
to carry out the provi,sions of the Act. Therefore, it, is: our
opinion that it was not the legislative intent to authorize a
Board member to also be an employee of the Board in the position
of executive secretary. YOU are accordingly advised that a Board
member may not be employed as an exec'utive secretary.
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Honorable Logan Wood, page 4 (M-1012)
SUMMARY
Those persons who do not hold themselves
out to the public as athletic trainers and whose
profession or occupation is that of an athletic
coach and who are not compensated to perform the
activities of an "athletic trainer" are~exempted
from the provisions of H.B. 602, Acts 62nd Leg.,
R.S., 1971 and may use physical modalities on
athletes as a necessary activity in the per-
formance of their duties of an athletic coach.
Since the maximum penalty for those who
violate the provisions of H.B. 602 is by a fine
of not more than Two Hundred ($200) Dollars, a
Justice Court in the county in which the violation
occurred would have jurisdiction of the offense.
Article V, Section 18, Texas Constitution. In this
regard a county or district attorney or any other
interested citizen of the county in which the
violation occurred who has information regarding
the violation of any of the provisions of the Act
may file a complaint against the violator in the
Justice Court.
A member of the Texas Board of Athletic
Trainers may not be employed by the Board in the
position of executive secretary of the Board.
truly yours,
/
CJw crG4eu
ci
C. MARTIN
General of Texas
Prepared by Ivan R. Williams, Jr.
Assistant Attorney General
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Honorable Logan Wood, page 5 (M-1012)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Austin Bray
sally Phillips
Linward Shivers
Wardlaw Lane
SAM MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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