II 

115TH CONGRESS 

1ST SESSION S. 808 

To provide protections for certain sports medicine professionals who provide 

certain medical services in a secondary State. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2017 

Mr. THUNE (for himself, Ms. KLOBUCHAR, Mr. PORTMAN, Mr. BOOZMAN, Mr. 

GRASSLEY, Mr. COTTON, Mr. WICKER, Mr. ROUNDS, Ms. MURKOWSKI, 

Mrs. CAPITO, Mr. MANCHIN, and Mrs. ERNST) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide protections for certain sports medicine professionals who provide certain medical services in a secondary State. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sports Medicine Licen5 sure Clarity Act of 2017’’. 


lotter on DSK5VPTVN1PROD with BILLS
2 

•S 808 IS

1 SEC. 2. PROTECTIONS FOR COVERED SPORTS MEDICINE 

2 PROFESSIONALS. 

3 (a) IN GENERAL.—In the case of a covered sports 

4 medicine professional who has in effect medical profes5 sional liability insurance coverage and provides in a sec6 ondary State covered medical services that are within the 

7 scope of practice of such professional in the primary State 

8 to an athlete or an athletic team (or a staff member of 

9 such an athlete or athletic team) pursuant to an agree10 ment described in subsection (b)(4) with respect to such 

11 athlete or athletic team— 

12 (1) such medical professional liability insurance 

13 coverage shall cover (subject to any related premium 

14 adjustments) such professional with respect to such 

15 covered medical services provided by the professional 

16 in the secondary State to such an individual or team 

17 as if such services were provided by such profes18 sional in the primary State to such an individual or 

19 team; and 

20 (2) to the extent such professional is licensed 

21 under the requirements of the primary State to pro22 vide such services to such an individual or team, the 

23 professional shall be treated as satisfying any licen24 sure requirements of the secondary State to provide 

25 such services to such an individual or team. 


lotter on DSK5VPTVN1PROD with BILLS
3 

•S 808 IS

1 (b) DEFINITIONS.—In this Act, the following defini2 tions apply: 

3 (1) ATHLETE.—The term ‘‘athlete’’ means— 

4 (A) an individual participating in a sport5 ing event or activity for which the individual 

6 may be paid; 

7 (B) an individual participating in a sport8 ing event or activity sponsored or sanctioned by 

9 a national governing body; or 

10 (C) an individual for whom a high school 

11 or institution of higher education provides a 

12 covered sports medicine professional. 

13 (2) ATHLETIC TEAM.—The term ‘‘athletic 

14 team’’ means a sports team— 

15 (A) composed of individuals who are paid 

16 to participate on the team; 

17 (B) composed of individuals who are par18 ticipating in a sporting event or activity spon19 sored or sanctioned by a national governing 

20 body; or 

21 (C) for which a high school or an institu22 tion of higher education provides a covered 

23 sports medicine professional. 

24 (3) COVERED MEDICAL SERVICES.—The term 

25 ‘‘covered medical services’’ means general medical 


lotter on DSK5VPTVN1PROD with BILLS
4 

•S 808 IS

1 care, emergency medical care, athletic training, or 

2 physical therapy services. Such term does not in3 clude care provided by a covered sports medicine 

4 professional— 

5 (A) at a health care facility; or 

6 (B) while a health care provider licensed to 

7 practice in the secondary State is transporting 

8 the injured individual to a health care facility. 

9 (4) COVERED SPORTS MEDICINE PROFES10 SIONAL.—The term ‘‘covered sports medicine profes11 sional’’ means a physician, athletic trainer, or other 

12 health care professional who— 

13 (A) is licensed to practice in the primary 

14 State; 

15 (B) provides covered medical services, pur16 suant to a written agreement with an athlete, 

17 an athletic team, a national governing body, a 

18 high school, or an institution of higher edu19 cation; and 

20 (C) prior to providing the covered medical 

21 services described in subparagraph (B), has dis22 closed the nature and extent of such services to 

23 the entity that provides the professional with li24 ability insurance in the primary State. 


lotter on DSK5VPTVN1PROD with BILLS
5 

•S 808 IS

1 (5) HEALTH CARE FACILITY.—The term 

2 ‘‘health care facility’’ means a facility in which med3 ical care, diagnosis, or treatment is provided on an 

4 inpatient or outpatient basis. Such term does not in5 clude facilities at an arena, stadium, or practice fa6 cility, or temporary facilities existing for events 

7 where athletes or athletic teams may compete. 

8 (6) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘‘institution of higher education’’ has the 

10 meaning given such term in section 101 of the High11 er Education Act of 1965 (20 U.S.C. 1001). 

12 (7) NATIONAL GOVERNING BODY.—The term 

13 ‘‘national governing body’’ has the meaning given 

14 such term in section 220501 of title 36, United 

15 States Code. 

16 (8) PRIMARY STATE.—The term ‘‘primary 

17 State’’ means, with respect to a covered sports medi18 cine professional, the State in which— 

19 (A) the covered sports medicine profes20 sional is licensed to practice; and 

21 (B) the majority of the covered sports 

22 medicine professional’s practice is underwritten 

23 for medical professional liability insurance cov24 erage. 


lotter on DSK5VPTVN1PROD with BILLS
6 

•S 808 IS

1 (9) SECONDARY STATE.—The term ‘‘secondary 

2 State’’ means, with respect to a covered sports medi3 cine professional, any State that is not the primary 

4 State. 

5 (10) STATE.—The term ‘‘State’’ means each of 

6 the several States, the District of Columbia, and 

7 each commonwealth, territory, or possession of the 

8 United States. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS