II 

114TH CONGRESS 

1ST SESSION S. 689 

To provide protections for certain sports medicine professionals who provide 

certain medical services in a secondary State. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2015 

Mr. THUNE (for himself and Ms. KLOBUCHAR) 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’’. 

6 SEC. 2. CHOICE OF LAW PROTECTIONS FOR COVERED 

7 SPORTS MEDICINE PROFESSIONALS. 

8 If a covered sports medicine professional provides 

9 covered medical services to an athlete, an athletic team, 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 689 IS

1 or a staff member of an athlete or athletic team in a sec2 ondary State, such services shall be deemed to have been 

3 provided in the primary State for the following purposes: 

4 (1) Determining the medical professional liabil5 ity insurance of that professional. 

6 (2) Determining the civil and criminal mal7 practice liability of that professional. 

8 SEC. 3. DEFINITIONS. 

9 In this Act the following definitions apply: 

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

11 individual— 

12 (A) competing in a sporting event spon13 sored or sanctioned by a national governing 

14 body; or 

15 (B) for whom a professional sports fran16 chise or an institution of higher education pro17 vides a covered sports medicine professional. 

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

19 team’’ means a sports team— 

20 (A) composed of individuals who are paid 

21 to participate on the team; 

22 (B) composed of individuals who are com23 peting in a sporting event sponsored or sanc24 tioned by a national governing body; or 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 689 IS

1 (C) for which an institution of higher edu2 cation provides a covered sports medicine pro3 fessional. 

4 (3) COVERED MEDICAL SERVICES.—The term 

5 ‘‘covered medical services’’ means general medical 

6 care, emergency medical care, or athletic training 

7 services. Such term does not include care provided 

8 by a covered sports medicine professional— 

9 (A) at a health care facility; or 

10 (B) while a health care provider legally au11 thorized to practice in the secondary State is 

12 transporting the injured individual to a health 

13 care facility. 

14 (4) COVERED SPORTS MEDICINE PROFES15 SIONAL.—The term ‘‘covered sports medicine profes16 sional’’ means a physician or athletic trainer who— 

17 (A) is legally authorized to practice in the 

18 primary State; 

19 (B) provides covered medical services, pur20 suant to a written agreement with an athletic 

21 team, national governing body, or institution of 

22 higher education, to an individual who is a 

23 member or staff of the athletic team; and 

24 (C) prior to providing the covered medical 

25 services described in subparagraph (B), has disVerDate Sep 11 2014 00:03 Mar 13, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S689.IS S689

smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 689 IS

1 closed the nature and extent of such services to 

2 the entity that provides the physician or athletic 

3 trainer with medical professional liability insur4 ance in the primary State. 

5 (5) HEALTH CARE FACILITY.—The term 

6 ‘‘health care facility’’ means a facility in which med7 ical care, diagnosis, or treatment is provided on an 

8 inpatient or outpatient basis. Such term does not in9 clude facilities at an arena or stadium or temporary 

10 facilities existing for events where athletic teams are 

11 competing. 

12 (6) INSTITUTION OF HIGHER EDUCATION.—The 

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

14 meaning given such term in section 101 of the High15 er Education Act of 1965 (20 U.S.C. 1001). 

16 (7) NATIONAL GOVERNING BODY.—The term 

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

18 such term in section 220501 of title 36, United 

19 States Code. 

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

21 State’’ means the State in which the covered sports 

22 medicine professional is legally authorized to prac23 tice. 

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

25 State’’ means any State in which the covered sports 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 689 IS

1 medicine professional is not legally authorized to 

2 practice. 

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

4 the several States, the District of Columbia, and 

5 each commonwealth, territory, or possession of the 

6 United States. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS