[Congressional Record Volume 163, Number 5 (Monday, January 9, 2017)]
[House]
[Pages H204-H206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SPORTS MEDICINE LICENSURE CLARITY ACT OF 2017

  Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 302) to provide protections for certain sports medicine 
professionals who provide certain medical services in a secondary 
State.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 302

       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.

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


                             General Leave

  Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous material in 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 today in support of H.R. 302, the Sports Medicine 
Licensure Clarity Act of 2017, introduced by my colleague on the Health 
Subcommittee, Brett Guthrie. The bill is identical to H.R. 921 from the 
last Congress, which passed by a voice vote in the House in September.
  Team physicians and other licensed sports medicine professionals 
often travel with their athletes to away

[[Page H205]]

games and other sanctioned 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 cover them.
  This commonsense bill would provide needed clarity.
  First, by stating that their liability insurance shall cover them 
outside of 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 to a team, they shall be treated as satisfying 
corresponding licensing requirements of the secondary State in these 
narrowly defined instances.
  H.R. 302 is supported by a wide range of professional medical 
associations as well as amateur and professional sports organizations. 
I urge my colleagues to join me in supporting this bill.
  I reserve the balance of my time.
  Mr. GENE GREEN of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  I rise today in support of H.R. 302, the Sports Medicine Licensure 
Clarity Act. This bill solves a problem unique to sports medicine 
professionals who are required to travel to different States with their 
teams. Medical licensure is regulated on a State-by-State basis and 
does not work across State lines. Thus, often when a sports medicine 
provider travels with a team to another State, they are technically 
practicing without a license, and their medical liability insurance is 
rendered null. This is not something that is not important.
  This weekend, the Houston Texans are proud to be in the playoffs. 
They are going to New England, and we would like to have our Texas 
doctors making sure our players are safe.
  This bill would ensure that sports medicine professionals who 
contract with a team are covered by their medical liability insurance 
while traveling with their team. It also provides that any incidents of 
medical malpractice occurring under the care of a traveling team sports 
medicine professional must be treated as if it occurred in the 
professional's primary State of practice, regardless of where the game 
took place. Providers still would not be allowed to practice beyond the 
scope of their licenses, and they may only treat athletes on the field.
  By working with the Energy and Commerce Committee and stakeholders 
last Congress, the sponsors of this bill have created a sensible 
solution to this distinct problem. I encourage my colleagues to vote 
``yes'' on the bill.
  I thank Mr. Guthrie from Kentucky and Mr. Richmond from Louisiana for 
their excellent work.
  I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from Kentucky (Mr. Guthrie).
  Mr. GUTHRIE. Mr. Speaker, I thank the gentleman for yielding.
  Tonight, millions of Americans, including myself, will tune in to the 
College Football Playoff National Championship between the University 
of Alabama and Clemson University. As with any college or professional 
competition, both teams will have healthcare practitioners traveling 
with them to the game.
  Unfortunately, many States do not provide legal protection for sports 
medicine practitioners who travel with these athletes since they are 
not licensed to practice medicine in the secondary State. The Sports 
Medicine Licensure Clarity Act, which I introduced with Mr. Richmond of 
Louisiana, would ensure that sports medicine professionals can provide 
high-quality and timely health care to athletes without having to worry 
about potential liability when traveling across State lines with their 
teams.
  The nature of sports medicine professionals' jobs require them to 
frequently travel between States so that athletes can receive proper 
care the moment they are injured. However, providers are at great 
personal and professional risk because medical liability insurance does 
not cover costs for lawsuits related to care provided in States in 
which they are not licensed. It is not a reasonable solution to require 
practitioners to become licensed in every State where their teams will 
play during a given season.

  This came to my attention, and I talked to a friend of mine who is an 
emergency room physician in Auburn, Alabama. He travels with Auburn 
University. At the time, a few years ago, they were playing in what was 
then the BCS game. So here is a friend of mine, a physician, traveling 
with Auburn to the Rose Bowl in California. Fortunately, it didn't 
happen, but what if he had to take care of Cam Newton, who was the 
quarterback at the time? First of all, the players want physicians that 
know them taking care of them, but think of the liability because he 
was in California when he is licensed to practice in Alabama and if 
something had gone wrong to as valuable an athlete as Cam Newton.
  It is important that we do this. It is just pure common sense. It is 
very bipartisan. My friend Mr. Richmond and I have worked on this 
together.
  I ask my colleagues to join me in supporting this commonsense, 
bipartisan bill to provide clarity for sports professionals performing 
their duties when caring for athletes. We passed this bill quickly last 
session. We are going to do it quickly again this Congress and give 
time for the other body to address this.
  I would personally like to thank my longtime legislative director, 
who just took another job. She worked tirelessly on this. As simple and 
as commonsense as this bill is, there are a lot of details when you are 
trying to define details about going across jurisdictions and State 
lines. I wish Megan Jackson well in her new endeavor.
  I urge my colleagues to support this measure.
  Mr. GENE GREEN of Texas. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. BURGESS. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from Georgia (Mr. Carter).
  Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R. 
302, the Sports Medicine Licensure Clarity Act, and what it means for 
sports medicine professionals looking to provide comprehensive services 
to those in need.
  Congressman Guthrie's legislation, which I have cosponsored, would 
overhaul the current system that leaves sports medicine professionals 
and athletic trainers vulnerable to liability issues. Athletic trainers 
and other sports medicine professionals can travel with a team to 
another State, and by providing care, they are opening themselves up to 
repercussions. These professionals provide preventive care as well as 
medical care and advice to athletes in the event of an injury. 
Currently, insurance companies don't fully cover those professionals 
who travel with their team or organization to a secondary State.
  This legislation extends liability insurance coverage to those 
medical professionals to allow them to safely and fully carry out their 
responsibilities. They shouldn't have to decide if they can or can't 
provide care to the same people simply because they happen to be in a 
different location for a short period of time as part of their job. 
Within this bill, we can ensure that these professionals with the 
knowledge and experience to administer care will have the protections 
needed to safely and properly fulfill their duties.
  I applaud the gentleman from Kentucky (Mr. Guthrie) for his work on 
this issue and the work of the Energy and Commerce Committee to address 
these reforms to the sports medicine field, and I urge passage of this 
important legislation.
  Mr. GENE GREEN of Texas. Mr. Speaker, I yield back the balance of my 
time.

                              {time}  1700

  Mr. BURGESS. Mr. Speaker, I urge passage of H.R. 302 by this body, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. 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. 302.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.

[[Page H206]]

  A motion to reconsider was laid on the table.

                          ____________________