SENATE DOCKET, NO. 72        FILED ON: 1/10/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1171

The Commonwealth of Massachusetts

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PRESENTED BY:

Cynthia Stone Creem

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to protect sports medicine professionals.

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PETITION OF:

SENATE DOCKET, NO. 72        FILED ON: 1/10/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1171

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1130 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to protect sports medicine professionals.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 7 of chapter 112 of the General Laws is hereby amended by striking out the following: “to a physician authorized to practice medicine in another state or country, when he is providing medical services only to athletes or team personnel attending a sporting event sponsored by the United States Olympic Committee or a World Cup Organizing Committee.”

SECTION 2.  Section 7 is hereby further amended by adding the following new section:-

Section 7A. If a sports medicine professional provides covered medical services to an athlete, an athletic team, or a staff member of an athletic team in Massachusetts, such services shall be deemed to have been provided in the State where the sports medicine professional is licensed to practice, for the following purposes:  Determining the medical professional liability insurance of that professional; and determining the civil and criminal malpractice liability of that professional. 

For the purposes of this section, an athlete is defined as an individual competing in a sporting event sponsored or sanctioned by a national governing body; or for whom an institution of higher education provides a covered sports medicine professional. 

Athletic team is defined as a sports team composed of individuals who are paid to participate on the team; composed of individuals who are competing in a sporting event sponsored or sanctioned by a national governing body; or for which an institution of higher education provides a covered sports medicine professional.

Covered medical services are defined as general medical care, emergency medical care, or athletic training services.  Such term does not include care provided by a covered sports medicine professional at a health care facility or while a health care provider legally authorized to practice in Massachusetts is transporting the injured individual to a health care facility. 

Covered sports medicine professional is defined as a physician or athletic trainer who is legally authorized to practice in another state; provides covered medical services, pursuant to a written agreement with an athletic team, national governing body, or institution of higher education, to an individual who is a member or staff of the athletic team, and prior to providing the covered medical services has disclosed the nature and extent of such services to the entity that provides the physician or athletic trainer with medical professional liability insurance .

Health care facility is defined as 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 or stadium or temporary facilities existing for events where athletic teams are competing.