15 USC 8601 - Protections for covered sports medicine professionals

U.S Code last checked for updates: Nov 22, 2024

§ 8601.

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 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

(6)

Institution of higher education

(7)

License

(8)

National governing body

(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

(11)

State

(12)

Substantially similar

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

cite as: 15 USC 8601