Sports Medicine Licensure Clarity Act of 2016

Bill: 114-hr-921
Sponsor: full_name: Rep. Guthrie, Brett [R-KY-2]
Introduced: 2015-02-12
Policy area: Health
Subjects: Athletes

Civil actions and liability

Elementary and secondary education

Health care quality

Health personnel

Higher education

Jurisdiction and venue

Professional sports

School athletics
Latest action: action_date: 2016-09-13
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2015-02-12
action_desc: Introduced in House
text: <p><b>Sports Medicine Licensure Clarity Act of 2015</b></p> <p>Provides that for purposes of medical professional liability insurance or civil and criminal malpractice liability determinations, a physician or athletic trainer (covered sports medicine professional) who is authorized to practice medicine in a state (primary state) and who provides medical services to an athlete or athletic team in a state where such professional is not authorized to practice (secondary state) shall be deemed to have provided such medical services in the primary state, provided that prior to providing the covered medical services such professional has disclosed the nature and extent of such services to the entity that provides such professional with medical professional liability insurance in the primary state.</p>

action_date: 2016-09-12
action_desc: Passed House amended
text: <p><b>Sports Medicine Licensure Clarity Act of 2016</b></p> <p>(Sec. 2) This bill extends the liability insurance coverage of a state-licensed medical professional to another state when the professional provides medical services to an athlete, athletic team, or team staff member pursuant to a written agreement. Prior to providing such services, the medical professional must disclose the nature and extent of the services to the insurer. This extension of coverage does not apply at a health care facility or while a medical professional licensed in the state is transporting the injured individual to a health care facility.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 921 IN THE HOUSE OF REPRESENTATIVES February 12, 2015 Mr. Guthrie (for himself, Mr. Richmond , and Mr. Womack ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide protections for certain sports medicine professionals who provide certain medical services in a secondary State.

1. Short title This Act may be cited as the Sports Medicine Licensure Clarity Act of 2015 . 2. Choice of law protections for covered sports medicine professionals (a) In general If a covered sports medicine professional provides covered medical services to an athlete, an athletic team, or a staff member of an athlete or athletic team in a secondary State, such services shall be deemed to have been provided in the primary State for the following purposes: (1) Determining the medical professional liability insurance of that professional. (2) Determining the civil and criminal malpractice liability of that professional. 3. Definitions In this Act the following definitions apply: (1) Athlete The term athlete means an individual— (A) competing in a sporting event sponsored or sanctioned by a national governing body; or (B) for whom an institution of higher education provides a covered sports medicine professional. (2) Athletic team The term athletic team means a sports team— (A) composed of individuals who are paid to participate on the team; (B) composed of individuals who are competing in a sporting event sponsored or sanctioned by a national governing body; or (C) for which an institution of higher education provides a covered sports medicine professional. (3) Covered medical services The term covered medical services means general medical care, emergency medical care, or athletic training services. Such term does not include care provided by a covered sports medicine professional— (A) at a health care facility; or (B) while a health care provider legally authorized to practice in the secondary State is transporting the injured individual to a health care facility. (4) Covered sports medicine professional The term covered sports medicine professional means a physician or athletic trainer who— (A) is legally authorized to practice in the primary State; (B) provides covered medical services, pursuant to a written agreement with an athletic team, national governing body, or institution of higher education, to an individual who is a member or staff of the athletic team; and (C) prior to providing the covered medical services described in subparagraph (B), has disclosed the nature and extent of such services to the entity that provides the physician or athletic trainer with medical professional liability insurance in the primary State. (5) Health care facility The term health care facility means a facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis. Such term does not include facilities at an arena or stadium or temporary facilities existing for events where athletic teams are competing. (6) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (7) National governing body The term national governing body has the meaning given such term in section 220501 of title 36, United States Code. (8) Primary State The term primary State means the State in which the covered sports medicine professional is legally authorized to practice pursuant to a written agreement with an athletic team, national governing body, or institution of higher education. (9) Secondary State The term secondary State means any State in which the covered sports medicine professional is not legally authorized to practice. (10) State The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States.

tv_txt: I 114th CONGRESS 2d Session H. R. 921 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide protections for certain sports medicine professionals who provide certain medical services in a secondary State.

1. Short title This Act may be cited as the Sports Medicine Licensure Clarity Act of 2016 . 2. Protections for covered sports medicine professionals (a) In general In the case of a covered sports medicine professional who has in effect medical professional liability insurance coverage and provides in a secondary State covered medical services that are within the scope of practice of such professional in the primary State to an athlete or an athletic team (or a staff member of such an athlete or athletic team) pursuant to an agreement described in subsection (b)(4) with respect to such athlete or athletic team— (1) such medical professional liability insurance coverage shall cover (subject to any related premium adjustments) such professional with respect to such covered medical services provided by the professional in the secondary State to such an individual or team as if such services were provided by such professional in the primary State to such an individual or team; and (2) to the extent such professional is licensed under the requirements of the primary State to provide such services to such an individual or team, the professional shall be treated as satisfying any licensure requirements of the secondary State to provide such services to such an individual or team. (b) Definitions In this Act, the following definitions apply: (1) Athlete The term athlete means— (A) an individual participating in a sporting event or activity for which the individual may be paid; (B) an individual participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) an individual for whom a high school or institution of higher education provides a covered sports medicine professional. (2) Athletic team The term athletic team means a sports team— (A) composed of individuals who are paid to participate on the team; (B) composed of individuals who are participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) for which a high school or an institution of higher education provides a covered sports medicine professional. (3) Covered medical services The term covered medical services means general medical care, emergency medical care, athletic training, or physical therapy services. Such term does not include care provided by a covered sports medicine professional— (A) at a health care facility; or (B) while a health care provider licensed to practice in the secondary State is transporting the injured individual to a health care facility. (4) Covered sports medicine professional The term covered sports medicine professional means a physician, athletic trainer, or other health care professional who— (A) is licensed to practice in the primary State; (B) provides covered medical services, pursuant to a written agreement with an athlete, an athletic team, a national governing body, a high school, or an institution of higher education; and (C) prior to providing the covered medical services described in subparagraph (B), has disclosed the nature and extent of such services to the entity that provides the professional with liability insurance in the primary State. (5) Health care facility The term health care facility means a facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis. Such term does not include facilities at an arena, stadium, or practice facility, or temporary facilities existing for events where athletes or athletic teams may compete. (6) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (7) National governing body The term national governing body has the meaning given such term in section 220501 of title 36, United States Code. (8) Primary State The term primary State means, with respect to a covered sports medicine professional, the State in which— (A) the covered sports medicine professional is licensed to practice; and (B) the majority of the covered sports medicine professional’s practice is underwritten for medical professional liability insurance coverage. (9) Secondary State The term secondary State means, with respect to a covered sports medicine professional, any State that is not the primary State. (10) State The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States.

Passed the House of Representatives September 12, 2016. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 572 114th CONGRESS 2d Session H. R. 921 [Report No. 114–736, Part I] IN THE HOUSE OF REPRESENTATIVES February 12, 2015 Mr. Guthrie (for himself, Mr. Richmond , and Mr. Womack ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned September 12, 2016 Additional sponsors: Mr. Collins of New York , Mr. Graves of Missouri , Mr. Hanna , Mr. Ashford , Mr. Hill , Mr. Pompeo , Mr. Heck of Nevada , Mr. Loebsack , Mr. Ted Lieu of California , Mr. Paulsen , Mr. David Scott of Georgia , Mr. McKinley , Mr. Long , Mr. Barr , Mrs. Ellmers of North Carolina , Mr. O'Rourke , Mr. Boustany , Ms. DelBene , Mr. Kelly of Pennsylvania , Mr. Costello of Pennsylvania , Mr. Bridenstine , Mr. DesJarlais , Mr. Dent , Mrs. Blackburn , Mr. Bishop of Michigan , Mr. Marino , Mr. Hastings , Mr. Tonko , Mr. Bilirakis , Mr. Marchant , Mr. Thompson of Mississippi , Mr. Cohen , Mr. Peters , Mr. Kilmer , Mr. Flores , Mr. Tipton , Mr. Tom Price of Georgia , Mr. Barletta , Mr. Huffman , Mr. Jolly , Mr. Ribble , Mr. Walberg , Mr. Allen , Mr. Westerman , Mr. Mullin , Mr. Mulvaney , Mr. Griffith , Mr. Amodei , Mr. Honda , Mr. Walz , Mr. Pocan , Mr. Rokita , Mr. Johnson of Ohio , Mr. Babin , Mr. Stivers , Mr. Takano , Mr. Young of Iowa , Mr. Swalwell of California , Ms. Eshoo , Mrs. Noem , Mr. Olson , Mr. Carter of Georgia , Mr. Fincher , Mr. Cramer , Ms. Sinema , Mr. Heck of Washington , Mr. Welch , Mr. Reed , Mr. Shimkus , Mrs. Walorski , Mr. Pierluisi , Mr. Roe of Tennessee , Mr. Rouzer , Mr. Roskam , Ms. Jenkins of Kansas , Mr. Duncan of Tennessee , Mr. Austin Scott of Georgia , Mr. Perlmutter , Ms. Graham , Mr. Abraham , Mr. Hudson , Mr. Fleischmann , Mr. Hurd of Texas , Mr. Crenshaw , Mr. Hensarling , Mr. Mooney of West Virginia , Mr. Bera , Mr. Veasey , Mr. Dold , Mr. Kind , Mr. Williams , Mr. Curbelo of Florida , Mr. Fleming , Mr. Trott , Mr. LaHood , Mr. Kinzinger of Illinois , Mr. Meehan , Mr. MacArthur , Mr. Farenthold , Mrs. Brooks of Indiana , Mr. Coffman , Ms. Brown of Florida , Mr. Forbes , Mr. Beyer , Mr. Sires , Mr. Lamborn , Mrs. Napolitano , Mr. Latta , Mr. Renacci , Mrs. Bustos , Mr. Buchanan , Mr. Murphy of Pennsylvania , Mr. Garamendi , Mr. Holding , Mr. Conyers , Mr. Rodney Davis of Illinois , Mr. Farr , Mr. Takai , Mr. Cole , Mr. Ratcliffe , Mr. Crawford , Mr. Ruiz , Ms. McSally , Mr. Byrne , Mr. Collins of Georgia , Ms. Ros-Lehtinen , Mr. DeSaulnier , Mr. Young of Indiana , Mr. Bucshon , Mr. Gene Green of Texas , Mr. Jenkins of West Virginia , Mr. Schrader , Mr. Courtney , Mr. Joyce , Mr. Loudermilk , Mr. Pascrell , Mr. Brady of Pennsylvania , Mr. Culberson , Mr. Zinke , Mr. Lance , Mr. Smith of Missouri , Mr. Harris , Mr. Pittenger , Ms. Clarke of New York , Mr. Kline , Mr. Graves of Georgia , Mr. Sensenbrenner , Mrs. Beatty , Mr. Blum , Mr. Nolan , Mr. Wenstrup , Ms. Lofgren , Mr. Donovan , Mr. Burgess , Mr. Harper , Mr. Smith of Texas , Ms. Jackson Lee , Mr. Barton , Mr. Issa , Mr. DeSantis , Mr. Butterfield , Ms. Wilson of Florida , Mr. Rooney of Florida , Mr. Jody B. Hice of Georgia , Mr. Meadows , Mr. Fitzpatrick , Mr. Poe of Texas , Mr. Nunes , Mr. Blumenauer , Mr. Royce , Mr. Woodall , Mr. Wilson of South Carolina , Ms. DeLauro , Mr. Keating , Mr. Sessions , Mr. DeFazio , Ms. Maxine Waters of California , Ms. Pingree , Mr. Connolly , Ms. Michelle Lujan Grisham of New Mexico , Mr. Himes , Mr. Kelly of Mississippi , Mrs. Comstock , and Mr. Gosar September 12, 2016 Reported from the Committee on Energy and Commerce with an amendment Strike out all after the enacting clause and insert the part printed in italic September 12, 2016 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 12, 2015 A BILL To provide protections for certain sports medicine professionals who provide certain medical services in a secondary State.

1. Short title This Act may be cited as the Sports Medicine Licensure Clarity Act of 2016 . 2. Protections for covered sports medicine professionals (a) In general In the case of a covered sports medicine professional who has in effect medical professional liability insurance coverage and provides in a secondary State covered medical services that are within the scope of practice of such professional in the primary State to an athlete or an athletic team (or a staff member of such an athlete or athletic team) pursuant to an agreement described in subsection (b)(4) with respect to such athlete or athletic team— (1) such medical professional liability insurance coverage shall cover (subject to any related premium adjustments) such professional with respect to such covered medical services provided by the professional in the secondary State to such an individual or team as if such services were provided by such professional in the primary State to such an individual or team; and (2) to the extent such professional is licensed under the requirements of the primary State to provide such services to such an individual or team, the professional shall be treated as satisfying any licensure requirements of the secondary State to provide such services to such an individual or team. (b) Definitions In this Act, the following definitions apply: (1) Athlete The term athlete means— (A) an individual participating in a sporting event or activity for which the individual may be paid; (B) an individual participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) an individual for whom a high school or institution of higher education provides a covered sports medicine professional. (2) Athletic team The term athletic team means a sports team— (A) composed of individuals who are paid to participate on the team; (B) composed of individuals who are participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) for which a high school or an institution of higher education provides a covered sports medicine professional. (3) Covered medical services The term covered medical services means general medical care, emergency medical care, athletic training, or physical therapy services. Such term does not include care provided by a covered sports medicine professional— (A) at a health care facility; or (B) while a health care provider licensed to practice in the secondary State is transporting the injured individual to a health care facility. (4) Covered sports medicine professional The term covered sports medicine professional means a physician, athletic trainer, or other health care professional who— (A) is licensed to practice in the primary State; (B) provides covered medical services, pursuant to a written agreement with an athlete, an athletic team, a national governing body, a high school, or an institution of higher education; and (C) prior to providing the covered medical services described in subparagraph (B), has disclosed the nature and extent of such services to the entity that provides the professional with liability insurance in the primary State. (5) Health care facility The term health care facility means a facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis. Such term does not include facilities at an arena, stadium, or practice facility, or temporary facilities existing for events where athletes or athletic teams may compete. (6) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (7) National governing body The term national governing body has the meaning given such term in section 220501 of title 36, United States Code. (8) Primary State The term primary State means, with respect to a covered sports medicine professional, the State in which— (A) the covered sports medicine professional is licensed to practice; and (B) the majority of the covered sports medicine professional’s practice is underwritten for medical professional liability insurance coverage. (9) Secondary State The term secondary State means, with respect to a covered sports medicine professional, any State that is not the primary State. (10) State The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States.

September 12, 2016 Reported from the Committee on Energy and Commerce with an amendment September 12, 2016 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: 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. Short title This Act may be cited as the Sports Medicine Licensure Clarity Act of 2016 . 2. Protections for covered sports medicine professionals (a) In general In the case of a covered sports medicine professional who has in effect medical professional liability insurance coverage and provides in a secondary State covered medical services that are within the scope of practice of such professional in the primary State to an athlete or an athletic team (or a staff member of such an athlete or athletic team) pursuant to an agreement described in subsection (b)(4) with respect to such athlete or athletic team— (1) such medical professional liability insurance coverage shall cover (subject to any related premium adjustments) such professional with respect to such covered medical services provided by the professional in the secondary State to such an individual or team as if such services were provided by such professional in the primary State to such an individual or team; and (2) to the extent such professional is licensed under the requirements of the primary State to provide such services to such an individual or team, the professional shall be treated as satisfying any licensure requirements of the secondary State to provide such services to such an individual or team. (b) Definitions In this Act, the following definitions apply: (1) Athlete The term athlete means— (A) an individual participating in a sporting event or activity for which the individual may be paid; (B) an individual participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) an individual for whom a high school or institution of higher education provides a covered sports medicine professional. (2) Athletic team The term athletic team means a sports team— (A) composed of individuals who are paid to participate on the team; (B) composed of individuals who are participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) for which a high school or an institution of higher education provides a covered sports medicine professional. (3) Covered medical services The term covered medical services means general medical care, emergency medical care, athletic training, or physical therapy services. Such term does not include care provided by a covered sports medicine professional— (A) at a health care facility; or (B) while a health care provider licensed to practice in the secondary State is transporting the injured individual to a health care facility. (4) Covered sports medicine professional The term covered sports medicine professional means a physician, athletic trainer, or other health care professional who— (A) is licensed to practice in the primary State; (B) provides covered medical services, pursuant to a written agreement with an athlete, an athletic team, a national governing body, a high school, or an institution of higher education; and (C) prior to providing the covered medical services described in subparagraph (B), has disclosed the nature and extent of such services to the entity that provides the professional with liability insurance in the primary State. (5) Health care facility The term health care facility means a facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis. Such term does not include facilities at an arena, stadium, or practice facility, or temporary facilities existing for events where athletes or athletic teams may compete. (6) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (7) National governing body The term national governing body has the meaning given such term in section 220501 of title 36, United States Code. (8) Primary State The term primary State means, with respect to a covered sports medicine professional, the State in which— (A) the covered sports medicine professional is licensed to practice; and (B) the majority of the covered sports medicine professional’s practice is underwritten for medical professional liability insurance coverage. (9) Secondary State The term secondary State means, with respect to a covered sports medicine professional, any State that is not the primary State. (10) State The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States.

Passed the House of Representatives September 12, 2016. Karen L. Haas, Clerk