advocates for the exercise professional who holds an NCCA-accredited certification on issues that pertain to regulation, access and scope of work. As part of that effort, CREP®
is actively following state and federal regulatory bills and legislation which may impact the exercise professional and their scope of work.
As we approach 2018, the Coalition looks forward to the opportunity to work with policymakers, educators, health advocacy organizations, and other health and medical professions on policy that enhances the level of professionalism and opportunities for indivdiuals that provide the leadership and expertise for communities looking to enhance their health, fitness or performance through movement, physical activity or exercise.
Below is an overview of the current legislation which CREP® is following.
Promoting Physical Activity for Americans Act (PAR)
Americans should have updated guidelines based on the most up-to-date science on which they can base their physical activity decisions. This information is vital in educating the public and helping to reduce obesity rates along with other health related illnesses.
Senators Murray and Wicker introduced the Promoting Physical Activity for Americans Act (S. 1793) in the Senate and Representatives Kind and Meehan introduced the Physical Activity Recommendations for Americans Act (H.R. 1499) in the House. These bills would direct the Department of Health and Human Services (HHS) to prepare and promote physical activity recommendations based on the latest scientific evidence at least every ten years.
S. 1793/H.R. 1499 would also direct HHS, five years after the release of each set of recommendations, to publish a midcourse report highlighting best practices and continuing issues relating to physical activity among Americans. Given the strong base of science and medicine that shows the benefits of exercise, every American needs to know the current physical activity recommendations to promote health and combat obesity.
CREP supports PAR as it will provide guidance to Americans for how much physical activity is needed for health.
DC Act 20-273: Omnibus health regulation amendment act of 2014
CREP is working cooperatively with the District of Columbia on regulatory language for the registration of personal fitness trainers that will provide an appropriate level of consumer protection while preserving access to exercise programming, enhance the level of professionalism for the personal fitness trainer, containing costs and assisting consumers in differentiating between the personal fitness, athletic training and physical therapy professions.
District of Columbia Bill Number 363 (formerly DC B20-153) – The Omnibus Health Regulation Rationalization Amendment Act of 2015
Regulation Bill - DC Bill 363
Sponsor: Jack Evans
Overview: DC Bill 363 would amend the Health Occupations Revisions Act of 1985 and repeal the registration requirement for and regulation of the practice of personal fitness trainers in the District of Columbia.
Key provisions of the bill:
- Repeals the registration requirement for personal fitness trainers in the District of Columbia
- Repeals the regulation of the practice of personal training in the District of Columbia
CREP has not taken a position on DC Bill 363
2018 US Department of Labor Job Reclassification
The federal government’s Office of the Management of the Budget (OMB) maintains a classification system known as the Standard Occupational Classifications (SOC). All federal agencies that publish occupational data are required to use the SOC which helps ensure that all data is comparable and can be used together in analysis. Businesses, researchers, industry organizations, policy makers and individuals use information about occupations such as employment levels and trends, pay and benefits, demographic characteristics, skills required, and many other items for a variety of purposes.
The SOC uses a 4 tier system for classifications that begins with Major Occupation groups and then further classifies occupations down to a detailed level-with the number of groups increasing within each group from 23 to 840. The SOC is revised periodically as changes in the economy, technology and the nature of work in various occupations changes. The next revision of the SOC will occur in 2018, however the process is complicated and planning is already underway. A critical part of the SOC revision process is extensive input from the public.
Currently, personal trainers are classified in the Major Occupation group (of which there are 23) of Personal Care and Service Occupations. CREP believes that given the role of the fitness professional in today’s world and how they are increasingly playing a part in the health and wellness of the population that they are better suited to be included in the major occupation group of Healthcare Practitioners and Technical Occupations where other allied health professionals such as athletic trainers and dieticians are found.
We have submitted a comment for consideration. The opportunity to affect change on the job reclassification of our industry comes at a very appropriate time as we actively work to become an integral part of the health care continuum. If you would like a copy of the comment, please contact us at firstname.lastname@example.org
ACTIVE: Regulation Bill - MA H B 185
Massachusetts H 185 - An Act to Encourage Well Qualified Practitioners In the Field of Personal Training
Sponsor: Robert F. Fennell
Co-Sponsor: Louis L. Kafka
Overview: MA H 185 is intended to enhance consumer protection by regulating personal trainers practicing in a variety of membership-based facilities and allows either education or certification to meet the eligibility criteria to practice. Personal training is defined as a service provided one-on-one, and group fitness instructors are exempt from the proposed regulation. A grandfathering provision allows time for current practitioners to meet the new requirements.
Key provisions of the bill:
- Requires Personal Trainers practicing in a fitness facility in the Commonwealth of Massachusetts to hold current certification by an NCCA accredited national organization or credentials in personal training, exercise science or a related field from a school accredited by either the Council of Higher Education Accreditation or the United States Department of Education.
- Language defines fitness facilities as for profit and not-for-profit health clubs, spa’s, fitness centers, wellness centers and private personal training studios.
- Defines a personal trainer as a person who works with one individual at a time.
- Requirements would take effect 3 years after legislation is signed, however, trainers who have practiced directly through fitness facilities for 3 years would have an additional 2 years to meet the requirements.
- Recommend eligibility criteria that allows either a certification or education pathway to practice does not follow the best practices of adjacent allied health and other professions regulated in Massachusetts.
- The bill as proposed provides little insight into the methods by which the Commonwealth intended to provide oversight for, or regulate the profession or the costs involved for consumers, professionals or employers.
- Recommend addition of three personal fitness trainers to the Board. The appointment of personal fitness trainers to the Board of Allied Health Professions is consistent with the other professions whose licensure falls under the jurisdiction of the Board.
- The definition of a Personal Trainer in the bill does not reflect the current practice of the personal trainer who often works with groups of individuals towards a health or fitness goal. An unintended consequence of this omission could result in a significant number of individuals circumventing the requirements for practice in the Commonwealth undermining the intended consumer protection goals of the bill.
- Proposed Amendment changes:
- ‘Group Exercise Instructor’ means a person with specific qualifications, who receives compensation, to provide choreographed exercise leadership to music, with or without modifications for participants, using varied pieces of equipment, to groups of people.
- A ‘Personal Fitness Trainer’ develops and implements an individualized approach to exercise using premeditated, non-choreographed exercise programs, utilizing collaborative goal-setting, behavioral coaching techniques, and other strategies to increase self-efficacy, motivation, self-regulation, overcoming barriers to change, and technical coaching and instruction in physical fitness and conditioning for an individual client, or organized groups of clients, who require pre-participation evaluation or instruction prior to engaging in the exercise regimen. Personal fitness trainers may work with any individual who does not require medical clearance prior to engaging in exercise or who has been cleared for exercise by a medical physician with a recommendation to participate in physical activity without the need for medical supervision. 'Personal fitness trainer' shall include personal trainers, professional fitness trainers, strength and conditioning coaches, fitness coaches, Pilates teachers and persons performing similar physical fitness training instruction regardless of the designation used. This definition does not include group exercise instructors, physical activity leader or certified athletic trainers.