IIB 

114TH CONGRESS 

2D SESSION H. R. 921 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2016 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Sports Medicine Licen3 sure Clarity Act of 2016’’. 

4 SEC. 2. PROTECTIONS FOR COVERED SPORTS MEDICINE 

5 PROFESSIONALS. 

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

7 medicine professional who has in effect medical profes8 sional liability insurance coverage and provides in a sec9 ondary State covered medical services that are within the 

10 scope of practice of such professional in the primary State 

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

12 such an athlete or athletic team) pursuant to an agree13 ment described in subsection (b)(4) with respect to such 

14 athlete or athletic team— 

15 (1) such medical professional liability insurance 

16 coverage shall cover (subject to any related premium 

17 adjustments) such professional with respect to such 

18 covered medical services provided by the professional 

19 in the secondary State to such an individual or team 

20 as if such services were provided by such profes21 sional in the primary State to such an individual or 

22 team; and 

23 (2) to the extent such professional is licensed 

24 under the requirements of the primary State to pro25 vide such services to such an individual or team, the 

26 professional shall be treated as satisfying any licenVerDate Sep 11 2014 22:18 Sep 13, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H921.RFS H921

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1 sure requirements of the secondary State to provide 

2 such services to such an individual or team. 

3 (b) DEFINITIONS.—In this Act, the following defini4 tions apply: 

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

6 (A) an individual participating in a sport7 ing event or activity for which the individual 

8 may be paid; 

9 (B) an individual participating in a sport10 ing event or activity sponsored or sanctioned by 

11 a national governing body; or 

12 (C) an individual for whom a high school 

13 or institution of higher education provides a 

14 covered sports medicine professional. 

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

16 team’’ means a sports team— 

17 (A) composed of individuals who are paid 

18 to participate on the team; 

19 (B) composed of individuals who are par20 ticipating in a sporting event or activity spon21 sored or sanctioned by a national governing 

22 body; or 

23 (C) for which a high school or an institu24 tion of higher education provides a covered 

25 sports medicine professional. 


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1 (3) COVERED MEDICAL SERVICES.—The term 

2 ‘‘covered medical services’’ means general medical 

3 care, emergency medical care, athletic training, or 

4 physical therapy services. Such term does not in5 clude care provided by a covered sports medicine 

6 professional— 

7 (A) at a health care facility; or 

8 (B) while a health care provider licensed to 

9 practice in the secondary State is transporting 

10 the injured individual to a health care facility. 

11 (4) COVERED SPORTS MEDICINE PROFES12 SIONAL.—The term ‘‘covered sports medicine profes13 sional’’ means a physician, athletic trainer, or other 

14 health care professional who— 

15 (A) is licensed to practice in the primary 

16 State; 

17 (B) provides covered medical services, pur18 suant to a written agreement with an athlete, 

19 an athletic team, a national governing body, a 

20 high school, or an institution of higher edu21 cation; and 

22 (C) prior to providing the covered medical 

23 services described in subparagraph (B), has dis24 closed the nature and extent of such services to 


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1 the entity that provides the professional with li2 ability insurance in the primary State. 

3 (5) HEALTH CARE FACILITY.—The term 

4 ‘‘health care facility’’ means a facility in which med5 ical care, diagnosis, or treatment is provided on an 

6 inpatient or outpatient basis. Such term does not in7 clude facilities at an arena, stadium, or practice fa8 cility, or temporary facilities existing for events 

9 where athletes or athletic teams may compete. 

10 (6) INSTITUTION OF HIGHER EDUCATION.—The 

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

12 meaning given such term in section 101 of the High13 er Education Act of 1965 (20 U.S.C. 1001). 

14 (7) NATIONAL GOVERNING BODY.—The term 

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

16 such term in section 220501 of title 36, United 

17 States Code. 

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

19 State’’ means, with respect to a covered sports medi20 cine professional, the State in which— 

21 (A) the covered sports medicine profes22 sional is licensed to practice; and 

23 (B) the majority of the covered sports 

24 medicine professional’s practice is underwritten 


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1 for medical professional liability insurance cov2 erage. 

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

4 State’’ means, with respect to a covered sports medi5 cine professional, any State that is not the primary 

6 State. 

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

8 the several States, the District of Columbia, and 

9 each commonwealth, territory, or possession of the 

10 United States. 

Passed the House of Representatives September 12, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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