[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[House]
[Pages H5304-H5305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SPORTS MEDICINE LICENSURE CLARITY ACT OF 2016

  Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 921) to provide protections for certain sports medicine 
professionals who provide certain medical services in a secondary 
State, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 921

       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 2016''.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Burgess) and the gentlewoman from Illinois (Ms. Schakowsky) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous materials into the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 921, the Sports Medicine 
Licensure Clarity Act of 2016, introduced by my

[[Page H5305]]

colleague on the Health Subcommittee, Brett Guthrie.
  Team physicians and other licensed sports medicine professionals 
often travel with their athletes to away games and other sporting 
events outside of their home State. When providing care to an injured 
player during the game or in the locker room afterwards, they are often 
doing so at great personal and professional risk. If they are sued, 
their home State license could be in jeopardy, and their malpractice 
insurance may not provide coverage.
  This commonsense bill would provide clarity first by stating that 
their liability insurance shall cover them outside their home State for 
limited services within the scope of their practice, subject to any 
related premium adjustments.
  Second, to the extent that the healthcare professional is licensed 
under the requirements of their home State to provide certain services 
to an athlete or team, they shall be treated as satisfying 
corresponding licensure requirements of a secondary State in these 
narrowly defined instances.
  H.R. 921 has almost 200 bipartisan cosponsors and is supported by a 
wide range of professional medical associations as well as amateur and 
professional sports associations. I urge my colleagues to join me in 
support.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                Washington, DC, September 9, 2016.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce,
     Washington, DC.
       Dear Chairman Upton: I write with respect to H.R. 921, the 
     ``Sports Medicine Licensure Clarity Act,'' which was referred 
     to the Committee on Energy and Commerce and in addition to 
     the Committee on the Judiciary. As a result of your having 
     consulted with us on provisions within H.R. 921 that fall 
     within the Rule X jurisdiction of the Committee on the 
     Judiciary, I agree to discharge our committee from further 
     consideration of this bill so that it may proceed 
     expeditiously to the House floor for consideration.
       The Judiciary Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 921 at 
     this time, we do not waive any jurisdiction over subject 
     matter contained in this or similar legislation and that our 
     committee will be appropriately consulted and involved as 
     this bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation and asks 
     that you support any such request.
       I would appreciate a response to this letter confirming 
     this understanding with respect to H.R. 921 and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during floor 
     consideration of H.R. 921.
           Sincerely,
                                                    Bob Goodlatte,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                               Washington, DC, September 12, 2016.
     Hon. Bob Goodlatte,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Chairman Goodlatte: Thank you for your letter 
     regarding H.R. 921, the ``Sports Medicine Licensure Clarity 
     Act of 2015.'' As you noted, there are provisions of the bill 
     that fall within the Committee on the Judiciary's Rule X 
     jurisdiction.
       I appreciate your willingness to forgo consideration of 
     H.R. 921, and I agree that your decision is not a waiver of 
     any of the Committee on the Judiciary's jurisdiction over the 
     subject matter contained in this or similar legislation, and 
     that the Committee will be appropriately consulted and 
     involved as this bill or similar legislation moves forward. 
     In addition, I understand that the Committee reserves the 
     right to seek the appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation, and you will have my support for any 
     such request.
       I will include a copy of your letter and this response in 
     the Congressional Record during floor consideration of H.R. 
     921.
           Sincerely,
                                                       Fred Upton,
                                                         Chairman.

  Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 921, the Sports Medicine Licensure 
Clarity Act of 2015. The bill's sponsors, Congressman Richmond and 
Congressman Guthrie, were able to fix a particular problem with a 
targeted solution in this legislation.
  As amended, this bill will ensure that sports medicine professionals 
who contract with a team are covered by their medical professional 
liability insurance while they are traveling with their teams. Medical 
licensure is State specific, so when a provider travels with a team, 
they are often technically practicing without a license and without 
their medical liability insurance. Obviously this is a problem.
  This bill solves that problem unique to sports medicine professionals 
since they travel around the country with their teams. The legislation 
provides that any medical malpractice incident occurring under the care 
of a traveling team sports medicine professional would be treated as if 
it occurred in the professional's primary State of practice rather than 
the State in which the game is being played. This bill does not allow 
these providers to practice beyond the scope of their licenses or to 
treat athletes anywhere other than the field or the court.
  This legislation will also provide certainty to players that 
malpractice insurance will apply if they need to file a lawsuit after 
receiving improper care. I am pleased that the sponsors were able to 
work with the Energy and Commerce Committee and stakeholders to ensure 
that this bill achieves the right balance.
  I want to thank Congressman Guthrie and Congressman Richmond from 
Louisiana for working on this bill. I encourage my colleagues to vote 
``yes.'' I just, again, want to thank the sponsors for fixing a problem 
that clearly needed fixing. I support this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BURGESS. Mr. Speaker, I yield myself the balance of my time.
  I urge my colleagues to join me in support of this worthwhile bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Holding). The question is on the motion 
offered by the gentleman from Texas (Mr. Burgess) that the House 
suspend the rules and pass the bill, H.R. 921, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________