[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 302 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
1st Session
H. R. 302
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 10, 2017
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To provide protections for certain sports medicine professionals who
provide certain medical services in a secondary State.
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.
Passed the House of Representatives January 9, 2017.
Attest:
KAREN L. HAAS,
Clerk.