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15 U.S.C. § 8601Protections for covered sports medicine professionals

submitted 8 years ago by Pub. L. 115-254 to r/title-15-COMMERCE-AND-TRADE · 942 words · no verdicts yet

in plain englishAI-generated · not legal advice

A sports medicine professional licensed and insured in their home state can treat an athlete or team in another state under a written agreement, and their malpractice insurance and license still count there. This doesn't let them exceed either state's license limits or override existing reciprocity deals, and the section defines all the key terms.

(a) In general. Take a "covered sports medicine professional" who has medical professional liability insurance and, under a written agreement described in subsection (c)(4), provides covered medical services in a "secondary State" to an athlete, athletic team, or their staff member — services that are within what that professional is licensed to do in their "primary State." Then: (1) that professional's liability insurance covers those services in the secondary State (subject to possible premium adjustments) just as if the services were provided in the primary State; and (2) as long as the professional is licensed to provide those services in the primary State, they're treated as meeting the secondary State's licensing requirements too — but only to the extent the two states' licensing requirements are "substantially similar." (b) Rule of construction. Nothing in this section lets a covered sports medicine professional (1) provide services in the secondary State beyond what their primary-State license allows, or (2) provide services beyond what a substantially similar secondary-State license would allow. It also doesn't override (3) any existing reciprocity agreement between the two states, (4) any interstate compact between the two states, or (5) any licensure exemption the secondary State already gives to professionals licensed in the primary State. (c) Definitions. In this chapter: (1) Athlete means (A) someone who may be paid to take part in a sporting event or activity, (B) someone taking part in a sporting event sponsored or sanctioned by a national governing body, or (C) someone for whom a high school or college provides a covered sports medicine professional. (2) Athletic team means a sports team that is (A) made up of paid participants, (B) taking part in an event sponsored or sanctioned by a national governing body, or (C) provided a covered sports medicine professional by a high school or college. (3) Covered medical services means general medical care, emergency medical care, athletic training, or physical therapy — but not care given at a health care facility, or care given while a licensed secondary-State provider is transporting the injured person to a health care facility. (4) Covered sports medicine professional means a physician, athletic trainer, or other health care professional who (A) is licensed in the primary State, (B) provides covered medical services under a written agreement with an athlete, team, national governing body, high school, or college, and (C) has told their liability insurer in the primary State about the nature and extent of those services before providing them. (5) Health care facility means a place providing inpatient or outpatient medical care, diagnosis, or treatment — but not a facility at an arena, stadium, or practice site, or a temporary facility set up for a competition. (6) Institution of higher education has the meaning given in section 1001 of title 20. (7) License or licensure, for a covered sports medicine professional, means having met the requirements to provide covered medical services under the primary State's laws — this can include registration, certification, or other special recognition. (8) National governing body has the meaning given in section 220501 of title 36. (9) Primary State means the state where the professional (A) is licensed to practice, and (B) has most of their practice covered by malpractice insurance. (10) Secondary State means any state that isn't the primary State. (11) State means each of the states, the District of Columbia, and each U.S. commonwealth, territory, or possession. (12) Substantially similar, for licensing between a primary and secondary State, means both states have some form of licensing that lets the professional provide covered medical services.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 115–254, div. A, § 12, Oct. 5, 2018, 132 Stat. 3197.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-254 · 132 Stat. 3197

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.

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