[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 808 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 808

 To provide protections for certain sports medicine professionals who 
         provide certain medical services in a secondary State.


_______________________________________________________________________


                   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.

    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 of 2017''.

SEC. 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.
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