Exempt persons

§ 8356. Exempt persons. This article shall not be construed to affect or prevent:

1. Qualified members of other licensed or legally recognized professions from performing work incidental to the practice of their profession, except that such persons may not hold themselves out under the title athletic trainer or as performing athletic training.

2. An athletic training student from engaging in clinical practice under the supervision of a licensed athletic trainer as part of a program of study approved by the department.

3. An athletic trainer licensed in another state or country from conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or post-graduate education in an approved school of athletic training, or in a clinical facility, or a health care agency.

4. (a) Any person who is licensed or title-protected as an athletic trainer, or as an athletic therapist credentialed by a foreign government and in good standing in another state, territory, or country, and who has a written agreement to provide athletic training services to athletes and team personnel of a United States sports team recognized by the United States Olympic and Paralympic Committees or an out-of-state secondary school, an institution of postsecondary education, a professional or amateur athletic organization sports team, or a performing arts troupe, may provide athletic training services to such athletes and team personnel at a discrete sanctioned team sporting event or performance at a secondary school, institution of postsecondary education, professional athletic organization, amateur athletic organization, non-profit athletic organization, dance organization, military academy or facility of the United States, fire training program or academy, or police training school or academy in this state, provided such services are provided only to such athletes and team personnel at such discrete sanctioned team sporting event or performance. Any such athletic training services shall be provided only five days before through three days after each such discrete sanctioned team sporting event or traveling performance.

(b) Any person practicing as an athletic trainer in this state pursuant to this subdivision shall be subject to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the board of regents as if such person is a licensee and as if the exemption pursuant to this subdivision is a license. Such individual shall comply with applicable provisions of the rules of the board of regents, and the regulations of the commissioner, relating to professional misconduct, disciplinary proceedings and penalties for professional misconduct.