Honorable Logan Wood, Jr. Chairman Opinion No. M-1012
Texas Board ofAthletic Trainers 2020Mangup Houston, Texas 77018

Dear Mr. Wood: Re: Questions relating to qualification andpractice under authority of the Texas Board ofAthletic Trainers (H.B. 602,Acts 62nd Leg., R-8. 1971, ch. 498. p. 1722, codified as'Art. 4512d, V.C.S.).
Inyour letter requesting an opinion from this office, you ask us to construe the provisions ofArticle 4512d. Vernon's Civil Statutes (H.B.602,Acts 62nd Leg., R-S., 1971, ch. 498, p. 1722) in answering the following questions:

1. Isan athletic coach authorized to utilize physical modalities such as ultrasound, diathermy, whirlpool, or similar devices on athletes? 2. What legal stepsmaybe taken against aperson who holds'himself out as an athletic trainer orperforms forcompensation activities of an athletic trainer without first obtaining a license?

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3. May amember of the Texas Board of Athletic Trainers also servewith orwithout pay as the executive secretary to the Board.
We will answer your questions in the order they are submitted. 1. The Texas Board ofAthletic 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 8of theAct provides that:

"Sec.8. No person may hold himself out as an athletic trainer orperform, for compensation, any of the activities of an athletic trainer as defined inthisAct without first obtaining a license under thisAct." Section 17 of theAct provides that Section 8 shall become effective on January 1, 1972. Section l(1) of the Act defines "athletic trainer" as follows:

"(1) 'AthleticTrainer' means aperson with specific qualifications, as set forth in Section 9 of~'thisAct, who, upon the advice and consent ofhis team physician carries out the practice ofprevention and/or physical

. rehabilitation of injuries incurred by athletes. To carry out these functions the Athletic trainer isauthorized to use physical 'modalities such asheat, light, sound, cold, electricity, ormechanical devices related to rehabilitation and treatment." Section l(4) of thsAct 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 theAct, it is our opinion that those persons who do nothold themselves out to the public as athletic

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trainers and whose profession or occupation is that of an athletic coach andwho 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,iccoach.' 2. On January 1, 1972, ,andthereafter, 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 theAct, may be prosecuted under the provisions of Section 15. Section 15 of theAct provides th,at:

"Sec. 15~.Any person who violates aprovision of this Act is guilty of ami,sdemeanorand on conviction ispunishable by a fine of not less than Twenty-five ($25)or more than Two Hundred. ($200) Dollars." Since themaximum penalty for those who,violate the provisions of House Bill 602 isby a fine of not more than Two Hundred ($200) Dollars, aJustice Court in the county inwhich 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 .thecounty inwhich the violation occurred who has information regarding the violation of any of theprovisions of .theAct may file a complaint against the 'violatorin the Justice Court. 3. Section 3of theAct 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 5of theAct authorizes the Board to employ an executive secretary and other persons necessary to carry out theprovi,sionsof theAct. Therefore, it,is:our opinion that itwas 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 aBoard member may not be employed as an exec'utivesecretary.

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SUMMARY Those persons who do nothold themselves out to thepublic 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 theprovisions of H.B. 602,Acts 62nd Leg., R.S., 1971 and may use physical modalities on athletes as anecessary activity in the performance of their duties of an athletic coach. Since themaximum penalty for those who violate the provisions of H.B. 602 isby a fine of notmore than Two Hundred ($200)Dollars, a Justice Court in the county inwhich 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 inwhich the violation occurred who has information regarding the violation of any of the provisions of theAct may file a complaint against the violator in the Justice Court.
A member of the Texas Board ofAthletic Trainers may notbe 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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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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