The United States Registry of Exercise Professionals
Industry News, Professional Development

Quarterly Newsletter Update: CREP/USREPS Health Advocacy Efforts



October 09, 2024

The Coalition for Registration of Exercise Professionals (CREP) mission is to secure recognition of registered exercise professionals for their distinct roles in medical, health, fitness, and sports performance fields. Our efforts to elevate the exercise profession guides our work as we advocate for policies that support exercise professional and highlight their essential role in improving public health. Through collaborative efforts, we strive to ensure that the voice of the exercise professional is heard in important policy discussions that affect our industry and the health of our communities.

Empowering Exercise Professionals: Our Mission and Vision

At CREP/USREPS, we remain committed to advocating for high standards in education, credentialing, and practice for exercise professionals. We envision a future where exercise professionals are fully integrated into healthcare systems, contributing to disease prevention, health promotion, and overall community wellness. Our advocacy efforts focus on ensuring that exercise professionals are valued and recognized for their role in advancing public health.

Policy Priorities: Advocacy in Action

As part of our ongoing commitment, we have identified eight policy areas that are central to advancing the exercise profession and improving health outcomes. These priorities reflect our mission and vision and guide our advocacy efforts:

  1. Advancing the Exercise Profession: We continue to promote the value of exercise professionals in preventing disease and enhancing health. Our efforts seek to raise public awareness about the critical role exercise plays in fostering long-term wellness.
  2. Standards for Education and Credentialing: By advocating for rigorous educational and credentialing standards, we ensure that exercise professionals are equipped with the skills and knowledge to provide safe, effective services. This helps protect the public and strengthens our profession's credibility.
  3. Public Health Policy that Prioritizes Physical Activity: Physical activity is foundational to public health. We actively engage with policymakers to promote legislation and initiatives that encourage active lifestyles for all populations, which can lead to reduced healthcare costs and healthier communities.
  4. Reimbursement and Coverage Determinations: We advocate for reimbursement models that include exercise professionals as essential healthcare providers. Making our services more accessible through insurance coverage is key to expanding the reach of our profession, especially to populations in need.
  5. Athlete Safety: Athlete safety remains a top priority. Our focus is on promoting policies that safeguard athletes at all levels, ensuring that exercise professionals provide safe, effective environments for training and competition.
  6. Labor Law Impacting the Exercise Profession: Fair labor practices are essential for a thriving profession. We track labor laws that impact exercise professionals, advocating for equitable working conditions and appropriate compensation to support a sustainable career path in this field.
  7. Tax Policy Impacting Exercise Professionals: Tax policy can significantly affect the viability of exercise businesses. We continue to support tax measures that benefit exercise professionals, including incentives that help them expand their services and reach more clients.
  8. Integration of the Exercise Professional into Healthcare: As healthcare evolves, we champion the integration of exercise professionals into care teams. By advocating for policies that recognize the unique contributions of our profession, we can help improve health outcomes, particularly for individuals managing chronic conditions.

Legislative and Policy Tracking

CREP closely monitors a range of bills and policy developments that impact the exercise profession. In 2024 we have been following eighty-three bills at the state and federal level. Some key examples include:

Athlete Safety:

FL S.B. 430: Florida High School Athletic Association

Summary: The 2024 SB 430 bill, introduced by Senator Simon, proposes amendments to section 1006.20 of the Florida Statutes, mandating the Florida High School Athletic Association (FHSAA) to implement bylaws that require member schools to offer specific health care services to student athletes. These bylaws, as advised by the FHSAA's Sports Medicine Advisory Committee, should ensure comprehensive health care for student athletes, mandate the hiring of qualified health care practitioners for contact sports, regulate the management of student athletes' health information, and provide training for non-health care personnel in emergency response and collaboration with health care providers.

US S. 2495: Protecting Athletes, Schools, and Sports Act of 2023 

Summary: The "Protecting Athletes, Schools, and Sports Act of 2023" establishes comprehensive guidelines to safeguard the welfare and fairness for student athletes, focusing on compensation, educational benefits, and third-party engagements. It mandates written contracts for the use of an athlete's name, image, or likeness, limits these contracts to the enrollment period, and sets a framework for compliance and transparency in athlete compensation, including conditions on endorsements and advertising contracts. The Act also aims to enhance athletes' health and financial well-being by creating a trust fund for travel and medical expenses, requiring health care coverage based on an institution's athletics revenue, and protecting athletes' scholarships.

It amends the Sports Agent Responsibility and Trust Act to regulate boosters and third parties, prohibiting inducements to student athletes and requiring notification to educational institutions for contracts. The NCAA is tasked with establishing rules, certification processes for third parties, and a dispute resolution process for student athletes, with the FTC overseeing compliance.

Additionally, the Act preempts state laws that conflict with its provisions, ensuring no state can limit the rights it establishes or enact laws inconsistent with Title IX regarding the compensation of student athletes. It also clarifies that nothing in the Act affects the tax treatment of scholarships or the employment status of student athletes with respect to conferences or educational institutions. This legislation aims to create a supportive, equitable environment for student athletes, balancing their rights with the interests of educational institutions and the sports community, emphasizing health care and financial literacy.

What CREP Thinks: CREP encourages policymakers concerned about athlete financial and mental health to include language in the bill that establish requirements for: Injury prevention strategies, the education, training and credentialing of the individuals responsible for athlete strength and conditioning programs, and the development of emergency preparedness policies and procedures to reduce the incidence of athlete injuries and deaths associated with out of competition training and conditioning programs.

Exercise Professionals as Providers:

H.R. 4818: Treat and Reduce Obesity Act of 2023 
S. 2407: Treat and Reduce Obesity Act of 2023 

Summary: The "Treat and Reduce Obesity Act of 2023" is designed to amend the Social Security Act to improve the coordination of obesity prevention and treatment programs, particularly for older adults. It addresses the high prevalence and risks of obesity, including its association with chronic diseases and increased Medicare costs.

The Act proposes to expand the eligibility for providers offering intensive behavioral therapy for obesity to include a wider range of professionals and community-based programs, under specific conditions. It also aims to extend Medicare Part D coverage to include obesity medications. Amendments to the Social Security Act will exclude obesity drugs from certain restrictions, enhancing access to treatments.

Additionally, the Act mandates regular reports to Congress on the implementation progress and recommendations for enhancing federal coordination on obesity research and clinical care. This legislation represents a comprehensive approach to tackling the growing obesity epidemic among Medicare beneficiaries.

What CREP Thinks: Obesity is a complex and multifaceted disease that requires and inter-disciplinary approach to treatment that should include access to behavioral health, nutrition, and qualified exercise professionals who can support patients with the programs and interventions to achieve lasting lifestyle and behavior change.

Tax Policy:

US S. 786 PHIT Act of 2023 

Summary: This bill allows a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses per year. The bill defines qualified sports and fitness expenses as amounts paid exclusively for participating in a physical activity, including (1) fitness facility memberships, (2) physical exercise or activity programs, or (3) equipment for a physical exercise or activity program.

US H.R. 1582 PHIT ACT of 2023 

Summary: This bill allows a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses per year. The bill defines qualified sports and fitness expenses as amounts paid exclusively for participating in a physical activity, including (1) fitness facility memberships, (2) physical exercise or activity programs, or (3) equipment for a physical exercise or activity program.

What CREP Thinks: Most health and medical related products and services to treat or manage common disease conditions are eligible for reimbursement under IRS rules that govern the use of HSA/FSA account. A notable exception are the costs associated with exercise programs or interventions that are associated with the prevention or management of inactivity related chronic disease conditions.

Expanding the eligibility criteria to include certain sports or fitness programs and services creates an incentive for individuals to invest in health and wellness, reduces cost as a barrier to participation, and demonstrates that healthy active lifestyles are a priority.

Public Health Policy That Prioritizes Physical Activity:

S. 397: Promoting Physical Activity for Americans Act 

Summary: The "Promoting Physical Activity for Americans Act" mandates the Secretary of Health and Human Services to publish a report by December 31, 2029, and every 10 years thereafter, offering physical activity recommendations for the U.S. population. These reports, based on the latest evidence-based scientific and medical knowledge, will include general advice and specific recommendations for subgroups like children or individuals with disabilities. An updated report will also be published every 5 years after the first report to highlight new evidence-based practices and ongoing issues related to physical activity. While federal agencies must consider these recommendations when issuing their own physical activity guidelines, this Act does not affect the support for biomedical research or the presentation of scientific findings by federal agencies. Additionally, no physical fitness standards set by this Act will be legally binding on individuals.

What CREP Thinks: The Physical Activity Guidelines for Americans are important because they provide evidence-based recommendations that help individuals understand how much physical activity is necessary to improve overall health and reduce the risk of chronic diseases. The guidelines inform policies that promote environments conducive to physical activity, such as community planning, creating green spaces, and implementing programs in schools and workplaces. This is crucial for building a culture of health where physical activity is a natural part of daily life to improve public health, reduce disease burden, and promote well-being through scientifically backed recommendations. They provide clear guidance on how to incorporate physical activity into daily life, fostering healthier communities and individuals. Even though these guidelines are essential for promoting public health and informing policy, education, and clinical practices the US Department of Health and Human Services (HHS) is not tasked with maintaining and updating the Guidelines on a regular schedule. This legislation would direct the Department to publish updates every 10 years.

Our Perspective

The policies we track and advocate for all share a common theme—improving public health through physical activity. As we continue to monitor legislative developments, we remain dedicated to advancing the interests of exercise professionals by supporting bills that align with our mission. We are encouraged by the growing recognition of our profession within public health discussions and will continue to work diligently to ensure that exercise professionals are recognized as essential contributors to healthcare teams.