[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.
____________________