[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 689 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sports Medicine Licensure Clarity 
Act''.

SEC. 2. CHOICE OF LAW PROTECTIONS FOR COVERED SPORTS MEDICINE 
              PROFESSIONALS.

    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.

SEC. 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 a professional sports franchise or 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.
            (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.
                                 <all>