Sports Medicine Licensure Clarity Act of 2017

Bill: 115-s-808
Sponsor: full_name: Sen. Thune, John [R-SD]
Introduced: 2017-04-04
Policy area: Health
Subjects: Athletes

Civil actions and liability

Elementary and secondary education

Health care quality

Health personnel

Higher education

Jurisdiction and venue

Licensing and registrations

Professional sports

School athletics
Latest action: action_date: 2018-07-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 501.

Summaries:
action_date: 2017-04-04
action_desc: Introduced in Senate
text: <p><b>Sports Medicine Licensure Clarity Act of 2017</b></p> <p>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 to the insurer the nature and extent of the services. 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: II 115th CONGRESS 1st Session S. 808 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. Short title This Act may be cited as the Sports Medicine Licensure Clarity Act of 2017 . 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.

tv_txt: II Calendar No. 501 115th CONGRESS 2d Session S. 808 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 , Mrs. Ernst , Mr. Hoeven , Mr. Roberts , Mr. Kennedy , Mr. Lankford , Mr. Whitehouse , Mr. King , Mrs. McCaskill , Mr. Young , Mr. Cassidy , Mr. Donnelly , Mr. Coons , Ms. Warren , Ms. Smith , Mr. Moran , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions July 9, 2018 Reported by Mr. Alexander , with an amendment Strike out all after the enacting clause and insert the part printed in italic 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 2017 . 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.

1. Short title This Act may be cited as the Sports Medicine Licensure Clarity Act of 2017 . 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 to the extent the licensure requirements of the secondary State are substantially similar to the licensure requirements of the primary State. (b) Rule of construction Nothing in this section shall be construed— (1) to allow a covered sports medicine professional to provide medical services in the secondary State that exceed the scope of that professional’s license in the primary State; (2) to allow a covered sports medicine professional to provide medical services in the secondary State that exceed the scope of a substantially similar sports medicine professional license in the secondary State; (3) to supersede any reciprocity agreement in effect between the two States regarding such services or such professionals; (4) to supersede any interstate compact agreement entered into by the two States regarding such services or such professionals; or (5) to supersede a licensure exemption the secondary State provides for sports medicine professionals licensed in the primary State. (c) 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) License The term license or licensure , as applied with respect to a covered sports medicine professional, means a professional that has met the requirements and is approved to provide covered medical services in accordance with State laws and regulations in the primary State. Such term may include the registration or certification, or any other form of special recognition, of an individual as such a professional, as applicable. (8) National governing body The term national governing body has the meaning given such term in section 220501 of title 36, United States Code. (9) 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. (10) Secondary state The term secondary State means, with respect to a covered sports medicine professional, any State that is not the primary State. (11) State The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. (12) Substantially similar The term substantially similar , with respect to the licensure by primary and secondary States of a sports medicine professional, means that both the primary and secondary States have in place a form of licensure for such professionals that permits such professionals to provide covered medical services.

July 9, 2018 Reported with an amendment