[Congressional Record Volume 164, Number 148 (Thursday, September 6, 2018)]
[Senate]
[Pages S6099-S6100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4014. Mr. McCONNELL (for Mr. Alexander) proposed an amendment to
the bill H.R. 302, to provide protections for certain sports medicine
professionals who provide certain medical services in a secondary
State; as follows:
Strike all after the enacting clause and insert the
following:
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 (c)(4) with respect to such athlete or athletic
team--
(1) such medical professional liability insurance coverage
shall cover (subject to any
[[Page S6100]]
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.
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