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

Page 2444 TITLE 15—COMMERCE AND TRADE § 8601 phere and Administrator of the National Oce- anic and Atmospheric Administration. (2) National Academies The term ‘‘National Academies’’ means the National Academies of Sciences, Engineering, and Medicine. (3) United States The term ‘‘United States’’ means, collec- tively, each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Is- lands, the Virgin Islands of the United States, and any other territory or possession of the United States. (Pub. L. 115–25, title VI, § 603, as added Pub. L. 117–229, div. D, § 2(a), Dec. 16, 2022, 136 Stat. 2315.) CHAPTER 112—SPORTS MEDICINE LICENSURE Sec. 8601. Protections for covered sports medicine pro- fessionals. § 8601. Protections for covered sports medicine professionals (a) In general In the case of a covered sports medicine pro- fessional 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 profes- sional in the primary State to an athlete or an athletic team (or a staff member of such an ath- lete 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 insur- ance coverage shall cover (subject to any re- lated 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 re- quirements of the primary State. (b) Rule of construction Nothing in this section shall be construed— (1) to allow a covered sports medicine profes- sional to provide medical services in the sec- ondary State that exceed the scope of that professional’s license in the primary State; (2) to allow a covered sports medicine profes- sional to provide medical services in the sec- ondary State that exceed the scope of a sub- stantially 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 re- garding 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 sport- ing event or activity for which the indi- vidual may be paid; (B) an individual participating in a sport- ing event or activity sponsored or sanc- tioned 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 par- ticipating in a sporting event or activity sponsored or sanctioned by a national gov- erning body; or (C) for which a high school or an institu- tion 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 trans- porting the injured individual to a health care facility. (4) Covered sports medicine professional The term ‘‘covered sports medicine profes- sional’’ 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, pur- suant to a written agreement with an ath- lete, 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 serv- ices to the entity that provides the profes- sional with liability insurance in the pri- mary State. (5) Health care facility The term ‘‘health care facility’’ means a fa- cility in which medical care, diagnosis, or treatment is provided on an inpatient or out- patient basis. Such term does not include fa- cilities at an arena, stadium, or practice facil- ity, or temporary facilities existing for events Page 2445 TITLE 15—COMMERCE AND TRADE § 8702 where athletes or athletic teams may com- pete. (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 ap- plied with respect to a covered sports medicine professional, means a professional that has met the requirements and is approved to pro- vide covered medical services in accordance with State laws and regulations in the pri- mary State. Such term may include the reg- istration 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 re- spect to a covered sports medicine profes- sional, the State in which— (A) the covered sports medicine profes- sional is licensed to practice; and (B) the majority of the covered sports medicine professional’s practice is under- written for medical professional liability in- surance coverage. (10) Secondary State The term ‘‘secondary State’’ means, with re- spect to a covered sports medicine profes- sional, 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 re- spect to the licensure by primary and sec- ondary States of a sports medicine profes- sional, means that both the primary and sec- ondary States have in place a form of licen- sure for such professionals that permits such professionals to provide covered medical serv- ices. (Pub. L. 115–254, div. A, § 12, Oct. 5, 2018, 132 Stat. 3197.) 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’.’’ CHAPTER 113—CONCRETE MASONRY PROD- UCTS RESEARCH, EDUCATION, AND PRO- MOTION Sec. 8701. Declaration of policy. Sec. 8702. Definitions. 8703. Issuance of orders. 8704. Required terms in orders. 8705. Assessments. 8706. Referenda. 8707. Petition and review. 8708. Enforcement. 8709. Investigation and power to subpoena. 8710. Suspension or termination. 8711. Amendments to orders. 8712. Effect on other laws. 8713. Regulations. 8714. Limitation on expenditures for administra- tive expenses. 8715. Limitations on obligation of funds. 8716. Study and report by the Government Ac- countability Office. 8717. Study and report by the Department of Com- merce. § 8701. Declaration of policy (a) Purpose The purpose of this chapter is to authorize the establishment of an orderly program for devel- oping, financing, and carrying out an effective, continuous, and coordinated program of re- search, education, and promotion, including funds for marketing and market research activi- ties, that is designed to— (1) strengthen the position of the concrete masonry products industry in the domestic marketplace; (2) maintain, develop, and expand markets and uses for concrete masonry products in the domestic marketplace; and (3) promote the use of concrete masonry products in construction and building. (b) Limitation Nothing in this chapter may be construed to provide for the control of production or other- wise limit the right of any person to manufac- ture concrete masonry products. (Pub. L. 115–254, div. E, § 1302, Oct. 5, 2018, 132 Stat. 3469.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 115–254, div. E, § 1301, Oct. 5, 2018, 132 Stat. 3469, provided that: ‘‘This division [enacting this chap- ter] may be cited as the ‘Concrete Masonry Products Research, Education, and Promotion Act of 2018’.’’ § 8702. Definitions For the purposes of this chapter: (1) Block machine The term ‘‘block machine’’ means a piece of equipment that utilizes vibration and compac- tion to form concrete masonry products. (2) Board The term ‘‘Board’’ means the Concrete Ma- sonry Products Board established under sec- tion 8704 of this title. (3) Cavity The term ‘‘cavity’’ means the open space in the mold of a block machine capable of form- ing a single concrete masonry unit having nominal plan dimensions of 8 inches by 16 inches.