[Congressional Record Volume 164, Number 148 (Thursday, September 6, 2018)]
[Senate]
[Pages S6104-S6105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SPORTS MEDICINE LICENSURE CLARITY ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Health, Education, Labor, and Pensions be discharged from 
further consideration of H.R. 302 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 302) to provide protections for certain sports 
     medicine professionals who provide certain medical services 
     in a secondary State.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Alexander amendment at the desk be agreed to, the bill be considered 
read a third time and passed, and the motions to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4014) was agreed to as follows:

                (Purpose: In the nature of a substitute)

       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 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.

[[Page S6105]]

       (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.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 302), as amended, was passed.

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