The U.S. House of Representatives passed the Sports Medicine Licensure Clarity Act (H.R. 921), sponsored by Reps. Brett Guthrie (R-KY) and Cedric Richmond (D-LA), which protects athletic trainers and other sports medicine professionals who travel out-of-state with an athletic team to provide care. The bill, which has the support of the National Athletic Trainers Association (NATA), was sent to the U.S. Senate, where if passed it will go to the President to be signed into law.
NATA President Scott Sailor, EdD, ATC said the legislation will not only benefit NATA’s 43,000 members, but will also “support health care professionals all over the country, including our initial partners in this effort, the American Academy of Orthopaedic Surgeons (AAOS) and the American Medical Society for Sports Medicine (AMSSM).”
However, the benefit to NATA members is first and foremost.
“This is a great piece of legislation,” said Tommy Dean, LAT, ATC, ITAT and the owner of Concussion Solutions, LLC (http://www.concussion-solutions.com). “All members of the sports medicine team, specifically athletic trainers and the team physician, will now have the autonomy to provide the best service to their athletes without the risk of breaking the practice act of the state that they have traveled to.
“Think about it this way, Texas has a more comprehensive AT practice act that allows for them to provide more of comprehensive service (more in line with the NATA) vs. here in Louisiana. So if an AT with a team at any level travels to Louisiana and a catastrophic event takes place and the members of that sports medicine team are sued for negligence, their level of service will be based off of their states practice act, instead of Louisiana’s much more limited practice act. I also think that, eventually, this will allow more states to get on the same page as far as state practice acts are concerned.”
H.R. 921 clarifies medical liability rules for athletic trainers and other medical professionals to ensure they are properly covered by their liability insurance while traveling with athletic teams in another state. Under the bill, health care services provided by a covered athletic trainer or other sports medicine professional to an athlete, an athletic team or a staff member in another state will be deemed to have satisfied any licensure requirements of the secondary state. In addition, the providers will be able to treat injured athletes across state lines without the fear of incurring a great professional loss. This bill reinforces the sports medicine team collaborative approach to care among physicians, athletic trainers and others. It is also vital in light of playoffs, championship games and college bowl games where teams travel a great distance with little notification.
“H.R. 921 addresses a unique problem that sports medicine professionals face when traveling with their teams out of state,” said Rep. Guthrie. “There is a lot of uncertainty regarding the legal protection for these practitioners who are licensed and covered by malpractice insurance to practice in their home state, but may not be covered when they travel to another state for a game, tournament or other sporting event. H.R. 921 clarifies that these professionals can provide quality and timely health care for injured athletes without putting their personal and professional lives at risk.”
Expert: Bill Allows Sports Medicine Professionals ‘To Do Their Jobs’
“The bill is designed to provide legal protection for those who are licensed and covered by malpractice insurance to practice in their home state, but may not be covered when they travel to another state for a game, tournament or other sporting event,” John Wolohan, a sports law professor at Syracuse University who has written about athletic trainers in the past, told Sports Litigation Alert. “While the bill’s passage may seem like a no brainer, currently medical professionals who ‘practice medicine’ by treating the athletes under their care risk large liability lawsuits or having their insurance coverage denied. Therefore, this bill just recognizes the current business environment for sports medicine professionals who work for college and professional sports teams and need to travel with their athlete out of their home states.
“It should be noted, however, that nothing in the bill would exempt sports medicine professionals from liability if they were negligent in the performance of their duties. The bill only requires that the professionals be treated as if they committed the negligent acts in their home states and would thus be protected under their professional malpractice insurance. Therefore, the bill is important because it allows sports medicine professionals to do their jobs without worrying about liability.”
For more on the Sports Medicine Licensure Clarity Act, visit: https://www.govtrack.us/congress/bills/114/hr921/text
