15 U.S.C. § 8601: Protections for covered…

Summary

If a sports medicine professional has liability insurance in their home State and agrees in writing to care for an athlete or team while working in another State, their insurance must cover those services in the other State the same way it would at home (premiums may change). If the professional is licensed in their home State, they will be treated as meeting the other State’s license rules when those rules are basically the same. This does not let the professional do more than their home license allows, or more than a similar license would allow in the other State. It also does not replace any existing reciprocity or interstate agreements or any special exemptions the other State already gives. An athlete is someone who may be paid, is in an event run by a national governing body, or who gets a school’s sports care. An athletic team is a paid team, a team in a national governing body event, or a team covered by a school. Covered medical services are general or emergency care, athletic training, or physical therapy (not care at a health care facility or care while a local provider is transporting someone). A covered sports medicine professional is a physician, athletic trainer, or other health pro licensed at home, working under a written agreement and who told their insurer what they will do. Health care facility, institution of higher education, license, national governing body, home State, other State, State, and “substantially similar” mean what the law says about those terms.

Title 15, §8601

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(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 chapter, 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 1001 of title 20.

(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.

(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.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 115–254, div. A, § 11, Oct. 5, 2018, 132 Stat. 3197, provided that: “This division [enacting this chapter] may be cited as the ‘Sports Medicine Licensure Clarity Act of 2018’.”

§8601 Protections for Covered Sports Medicine Professionals

Summary

Title 15, §8601

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata