[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.
____________________