MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Public Health and Welfare

By: Senator(s) Kirby

Senate Bill 2366

AN ACT TO AUTHORIZE TEAM PHYSICIANS FOR OUT-OF-STATE ATHLETIC TEAMS TO PROVIDE MEDICAL TREATMENT AND EVALUATION FOR PLAYERS AND STAFF MEMBERS OF THE TEAM WHEN PARTICIPATING IN SPORTING EVENTS IN MISSISSIPPI WITHOUT HAVING TO BE LICENSED IN MISSISSIPPI; TO PRESCRIBE THE CONDITIONS UNDER WHICH THOSE PHYSICIANS MAY PRACTICE IN MISSISSIPPI; TO LIMIT THE EXTENT OF THE MEDICAL PRACTICE ALLOWED FOR THOSE PHYSICIANS; TO PROVIDE THAT THE PRACTICE OF MEDICINE OUTSIDE OF THE CIRCUMSTANCES AUTHORIZED IN THIS ACT CONSTITUTES THE ILLEGAL PRACTICE OF MEDICINE; TO AMEND SECTION 73-25-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The purpose of this act is to set forth certain exemptions and stipulations as to the practice of medicine in Mississippi by physicians travelling from out-of-state with sports teams for sporting events conducted in the state.  Further, it is the intent of this act to set forth the requirements of those physicians to practice medicine in Mississippi temporarily without obtaining Mississippi licensure.

     SECTION 2.  As used in this act, the following terms shall have the meanings as defined in this section:

          (a)  "Athletic team" or "team" means a group of people representing a specific organization or entity engaged in sporting activities, such as baseball or football, which require medical personnel to treat or evaluate injuries sustained in the activity.

          (b)  "Staff members" means those individuals directly affiliated with the sports organization or entity whose purpose is to support the players or members of the team during a sporting event.  This term includes, but is not limited to, trainers, coaches, equipment personnel, communications staff, band members, cheerleaders and the team mascot.  This term does not include parents, boosters or other individuals who are simply present or attending the sporting event.

          (c)  "Team physician" means a health care professional who holds an unrestricted medical license in the athletic team's state of origin, who travels with the team to away games or events for the purpose of providing medical treatment and evaluation for players and staff members of the team.

     SECTION 3.  (1)  A physician licensed in another state, territory or jurisdiction of the United States is exempt from the licensure requirements in Mississippi under the following conditions related to athletic team-based practice:

          (a)  The physician is employed or formally designated as the team physician by an athletic team visiting Mississippi for a specific sporting event;

          (b)  The physician limits the practice of medicine in Mississippi to medical treatment of the players, coaches and staff members of the sports organization or entity that employs or has designated the physician; and

          (c)  The physician is licensed in the state in which the sports organization or entity is based or housed.

     (2)  In addition to the authority granted under subsection (1) of this section, physicians authorized to practice under this section may treat players or staff members from the home team in Mississippi if the physician has specialized training or experience beyond that of the home team physician.

     (3)  The extent of the medical practice allowed under this section is limited to the following aspects of the game or sporting event:

          (a)  Pregame warm-up and any postgame activities;

          (b)  During the actual game or sporting event;

          (c)  Travel to and from the sporting event within Mississippi; and

          (d)  In-state lodging of the team and staff members.

     (4)  It is the responsibility of the team or sports organization or entity employing the team physician to verity that the physician is licensed and in good standing in the appropriate jurisdiction as required under this section.

     SECTION 4.  The practice of medicine outside of the circumstances authorized in this act constitutes the illegal practice of medicine, in violation of Section 97-23-43, and violators shall be subject to all fines and penalties described in that section.

     SECTION 5.  Section 73-25-19, Mississippi Code of 1972, is amended as follows:

     73-25-19.  Nonresident physicians not holding a license from the state shall not be permitted to practice medicine under any circumstances after remaining in the state for five (5) days, except when called in consultation by a licensed physician residing in this state or except as authorized under Sections 1 through 4 of this act.  This section shall not apply to any nonresident physician who holds a temporary license to practice medicine at a youth camp issued under the provisions of Section

75-74-8 and Section 73-25-17.

     SECTION 6.  This act shall take effect and be in force from and after its passage.