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

<DOC>





                                                       Calendar No. 501
115th CONGRESS
  2d 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, 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Sports Medicine Licensure 
Clarity Act of 2017''.</DELETED>

<DELETED>SEC. 2. PROTECTIONS FOR COVERED SPORTS MEDICINE 
              PROFESSIONALS.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Definitions.--In this Act, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Athlete.--The term ``athlete'' means--
        </DELETED>
                <DELETED>    (A) an individual participating in a 
                sporting event or activity for which the individual may 
                be paid;</DELETED>
                <DELETED>    (B) an individual participating in a 
                sporting event or activity sponsored or sanctioned by a 
                national governing body; or</DELETED>
                <DELETED>    (C) an individual for whom a high school 
                or institution of higher education provides a covered 
                sports medicine professional.</DELETED>
        <DELETED>    (2) Athletic team.--The term ``athletic team'' 
        means a sports team--</DELETED>
                <DELETED>    (A) composed of individuals who are paid 
                to participate on the team;</DELETED>
                <DELETED>    (B) composed of individuals who are 
                participating in a sporting event or activity sponsored 
                or sanctioned by a national governing body; 
                or</DELETED>
                <DELETED>    (C) for which a high school or an 
                institution of higher education provides a covered 
                sports medicine professional.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) at a health care facility; 
                or</DELETED>
                <DELETED>    (B) while a health care provider licensed 
                to practice in the secondary State is transporting the 
                injured individual to a health care facility.</DELETED>
        <DELETED>    (4) Covered sports medicine professional.--The 
        term ``covered sports medicine professional'' means a 
        physician, athletic trainer, or other health care professional 
        who--</DELETED>
                <DELETED>    (A) is licensed to practice in the primary 
                State;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (7) National governing body.--The term ``national 
        governing body'' has the meaning given such term in section 
        220501 of title 36, United States Code.</DELETED>
        <DELETED>    (8) Primary state.--The term ``primary State'' 
        means, with respect to a covered sports medicine professional, 
        the State in which--</DELETED>
                <DELETED>    (A) the covered sports medicine 
                professional is licensed to practice; and</DELETED>
                <DELETED>    (B) the majority of the covered sports 
                medicine professional's practice is underwritten for 
                medical professional liability insurance 
                coverage.</DELETED>
        <DELETED>    (9) Secondary state.--The term ``secondary State'' 
        means, with respect to a covered sports medicine professional, 
        any State that is not the primary State.</DELETED>
        <DELETED>    (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.</DELETED>

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 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.
                                                       Calendar No. 501

115th CONGRESS

  2d Session

                                 S. 808

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              July 9, 2018

                       Reported with an amendment