From coast to coast, state legislatures are introducing bills that are once again putting the qualifications of personal trainers under a microscope. One of the most recent bills was introduced in January in Massachusetts, a bill that would require the licensing of personal trainers. Last fall, New Jersey introduced a similar personal trainer license bill. Maryland, Georgia and the District of Columbia also introduced similar legislation last year. The International Health, Racquet and Sportsclub Association (IHRSA) has been actively lobbying against all of these bills.

The proliferation of personal training licensing bills is nothing new to state legislatures or to the industry. In fact, these types of bills, especially as they relate to exercise physiologists, have been around for at least 20 years. Only one state — Louisiana — has passed a bill that licenses exercise physiologists, and that law has produced mixed results at best.

IHRSA lobbyists and other industry leaders say the personal training industry has already regulated itself by creating accreditation standards for certification agencies. A licensing program, opponents say, would be too costly for personal trainers, clubs, consumers, taxpayers and the states themselves.

Proponents of the licensing bills say states are trying to prevent injuries that may occur to clients who hire unqualified personal trainers. They also say some certifications are too easy to obtain and that the quality level of personal trainers are not discernible based on their certification. Furthermore, proponents say a more uniform method of accreditation across the board is the best way to produce better and more qualified personal trainers.

A personal trainer bill in California that does not require licensing attracted the attention of IHRSA leaders. At the IHRSA 2009 show this March, IHRSA lobbyists and members of IHRSA's board discussed the bill's language with California lawmakers. Both sides say they came away from the meeting satisfied with the intent of the bill and its potential impact on the industry.

The State of Personal Training Licensing

As of press time, the Massachusetts bill was in committee, according to the office of Sen. Richard Moore, who introduced the bill. The bills in New Jersey and the District of Columbia are pending, and the bills in Maryland and Georgia are inactive but are expected to be reintroduced this year, according to IHRSA.

The Massachusetts bill (Senate bill 870) requires license applicants to 1) be graduates of an accredited educational program leading to professional qualification in personal training, 2) hold a certification accredited by the National Commission for Certifying Agencies (NCCA) and 3) pass an exam with oral and practical demonstrations of skill. The exam must be approved by an independent licensing board composed of an exercise science professor, a practicing personal trainer with credentials and a member of the public.

Art Curtis has a vested interest in this legislation as CEO of Millennium Partners Sports Club Management, Boston, which has six clubs under the Sports Club/LA name. Curtis also is an IHRSA board member, has a doctorate in physiology, holds certifications and is a fellow of the American College of Sports Medicine (ACSM).

Curtis is concerned that states are trying to introduce similar bills based on pieces of information gathered from bills in other states. Many states, Curtis says, are trying to “reinvent the wheel.”

“Part of the problem lies in the fact that there is not a really good piece of model legislation out there that all the states can just simply copy,” Curtis says. “We need a piece of model legislation so that states can just go to and say, ‘Here's a good one. Just do that.’”

Licensing personal trainers is not the best way for state governments to protect the public's interest, Curtis — and many IHRSA members — say. Instead, he says that state governments should follow the current certification model and alternatives through higher education programs.

Six years ago, IHRSA recommended that its member clubs hire personal trainers holding either a current certification accredited by the NCCA or a personal training certificate or degree from an institution recognized by the Council for Higher Education Accreditation (CHEA) and/or the U.S. Department of Education (ED).

“The approach that [IHRSA is] taking with certification is a very sound one, a very logical one, and it doesn't create a lot of undue administrative burden or additional costs to the state and taxpayers to administer [laws] that probably aren't very necessary,” says Curtis, who has had meetings with the author of the Massachusetts bill.

Rob Shapiro, founder and co-owner of a chain with 13 personal training studios (11 of which are in Massachusetts) called One2One BodyScapes, Southborough, MA, sees a personal training license as an unnecessary step for personal trainers to qualify themselves after obtaining a college degree or a certification. Shapiro says that for him, a license doesn't give a personal trainer more credibility than one who does not have a license. Shapiro prefers to hire trainers with a four-year degree and urges other business owners to make sure they hire the right people for their operations.

The redundancy of an extra examination and the expense of a licensing program are two concerns for the American Council on Exercise (ACE). The language in many of the current licensing bills would not assist states in meeting their stated goals of protecting consumers, says Scott Goudeseune, ACE president and CEO.

The Massachusetts bill may be too ambitious, Goudeseune says, because few academic or vocational programs have been accredited for personal training, as the bill requires.

Like Shapiro and Curtis, William Elliott is in favor of personal trainers who have a formal education. Elliott is the owner and operator of HealthBuilding, an independent fitness and wellness-based practice. Elliott, a personal trainer, has a doctorate in applied physiology and has taught physiology-related classes at the University of Colorado, Colorado Springs. Elliott also is a professor for the International Sports Sciences Association and trains personal trainers.

“It's always been kind of disheartening for me when I told people about my degrees, and their response was, ‘Well, are you certified?’” Elliott says of his past conversations with club owners and clients. “The formal education that I have is probably a much stronger foundation.”

From a consumer standpoint, government regulation in the form of licensing personal trainers could be more of a hindrance than helpful, says Chuck Leve, president and CEO of the Consumer Fitness Association and former vice president of business development at IHRSA.

“Of course, if government regulation becomes imminent or even likely, then it's imperative that our industry be at the table to help set realistic and reasonable guidelines,” Leve says. “That should be done through the already-accredited organizations as well as the organizations representing potential employers.”

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