Honorable Logan Wood, Jr. 

Chairman 

Opinion No. M-1012 

Texas Board of Athletic Trainers 

2020 Mangup 

Houston, Texas 77018 

Dear Mr. Wood: 

Re: Questions relating to qualification and practice under 

authority of the Texas 

Board of Athletic Trainers 

(H.B. 602, Acts 62nd Leg., 

R-8. 1971, ch. 498. p. 1722, 

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 ultrasound, diathermy, whirlpool, or similar devices 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 compensation, 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 athletes. 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 provisions 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 compensation 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 conviction 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 provisions 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 violation 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, SecretaryTreasurer 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 performance 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, 

/ 

ci CJ crG4eu 

w 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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