Policies & ProceduresPolicies & ProceduresEAPEAP

Legal ConcernsLegal Concerns

Chapters 2, 3, & 12Chapters 2, 3, & 12

Athletic Training Student Athletic Training Student HandbookHandbook

Introduction Athletic Training Clinic Rules Athletic Training Student Expectations Checklist for Restocking Medical Kits Confidentiality, Professionalism, and Risk Statement NATA Position Statement for Athletic Training Student Aids Treatment Log Daily Injury Reports (Coaches) Injury Evaluation Form Concussion Evaluation Form Concussion Take-Home Instructions Concussion RTP Form & Letter (Softball) Concussion RTP Form & Letter (All Athletes) Athletic Training Student Reported Hours Sheet Required Exercises for Ankle Taping Athletic Department Emergency Action Plan ATS Competency Manual

Legal ConcernsLegal Concerns Liability:Liability: legally responsible for the legally responsible for the

harm one causes another personharm one causes another person Negligence:Negligence: failure to use ordinary failure to use ordinary

reasonable carereasonable care Standard of Care:Standard of Care: global standards for global standards for

care within your medical peer groupcare within your medical peer group Good Samaritan Law:Good Samaritan Law: protection protection

outsideoutside of work as long as you provide of work as long as you provide reasonable care within your scope of reasonable care within your scope of trainingtraining

Legal Concerns ContinuedLegal Concerns Continued

Statute of Limitations:Statute of Limitations: Varies Varies between states; 1-5 yrs generallybetween states; 1-5 yrs generally

Assumption of Risk:Assumption of Risk: Form all Form all athletes/guardians should sign prior to athletes/guardians should sign prior to participation; they acknowledge there participation; they acknowledge there are inherent risks are inherent risks

Sovereign ImmunitySovereign Immunity: Those employed : Those employed by the government cannot be held liable by the government cannot be held liable for negligencefor negligence

Protect YourselfProtect Yourself

Recognize personal limitationsRecognize personal limitations Establish and follow protocolsEstablish and follow protocols Communication & relationshipsCommunication & relationships Keep yourself currentKeep yourself current Know the lawKnow the law Have personal liability insuranceHave personal liability insurance

It is ILLEGAL for an ATS to give an It is ILLEGAL for an ATS to give an athlete athlete anyany medication medication Including OTC meds (i.e. tylenol or decongestants)Including OTC meds (i.e. tylenol or decongestants)

Medical RecordsMedical Records Paper vs ElectronicPaper vs Electronic

Keep for 7 years (minimum)Keep for 7 years (minimum)

All injuries must be well documentedAll injuries must be well documented School Administration ReportSchool Administration Report Athletic Training Injury FormAthletic Training Injury Form

Written consent to release medical Written consent to release medical recordsrecords HIPAA:HIPAA: A blanket authorization needed yearly, must A blanket authorization needed yearly, must

specify what and whospecify what and who FERPA:FERPA: Protects student records Protects student records

Penalties for HIPPA ViolationsPenalties for HIPPA Violations

Up to $25,000 per person/year for Up to $25,000 per person/year for unintentional violationsunintentional violations

Criminal penalties for Criminal penalties for knowingly disclosing knowingly disclosing information information Knowing disclosure: $50,000 & 1 yr Knowing disclosure: $50,000 & 1 yr

imprisonmentimprisonment False pretenses: $100,000 & 5 yrs False pretenses: $100,000 & 5 yrs

imprisonmentimprisonment Intent to sell: $250,000 & 10 yrs imprisonmentIntent to sell: $250,000 & 10 yrs imprisonment

Athlete’s Health RecordsAthlete’s Health Records Consent FormConsent Form

Parent’s ConsentParent’s Consent

Health HistoryHealth History Patient & FamilyPatient & Family

Current Pre-participation PhysicalCurrent Pre-participation Physical Must be signed by physicianMust be signed by physician Chiropractors???Chiropractors???

Emergency Information Card Emergency Information Card Kept in med kit on-siteKept in med kit on-site Parental Information/ContactParental Information/Contact Insurance InformationInsurance Information Important Medical Information (diabetes, asthma Important Medical Information (diabetes, asthma

etc..)etc..)

Pre-Participation Physicals – Pre-Participation Physicals – Figure 2-6/7 pg 59-60Figure 2-6/7 pg 59-60

Medical HxMedical Hx Physical ExamPhysical Exam Maturity ExamMaturity Exam CV ScreeningCV Screening Orthopedic ScreeningOrthopedic Screening Urinalysis/BloodworkUrinalysis/Bloodwork

Potential Disqualifying Potential Disqualifying Conditions – Conditions – Table 2-2 pg 64Table 2-2 pg 64

Uncontrolled DiabetesUncontrolled Diabetes Uncontrolled AsthmaUncontrolled Asthma Heart Conditions Heart Conditions Uncontrolled High BPUncontrolled High BP EpilepsyEpilepsy Previous Spinal InjuriesPrevious Spinal Injuries Chronic Orthopedic ProblemsChronic Orthopedic Problems Previous Head Injuries…Previous Head Injuries…

Classification of Sports Classification of Sports

Contact/CollisionContact/Collision FootballFootball SoccerSoccer BasketballBasketball WrestlingWrestling

Limited ContactLimited Contact Baseball/SoftballBaseball/Softball VolleyballVolleyball

No ContactNo Contact SwimmingSwimming TennisTennis TrackTrack Cross CountryCross Country GolfGolf

Facilities/EquipmentFacilities/Equipment

Inspect facilities and equipment at Inspect facilities and equipment at least once per year, prior to useleast once per year, prior to use

Faulty equipment or poor playing Faulty equipment or poor playing conditions can cause injuriesconditions can cause injuries

Slippery gym floor, holes in the outfield, Slippery gym floor, holes in the outfield, cracked batting helmet, etccracked batting helmet, etc

Emergency TransportEmergency Transport Personal Vehicle – LiabilityPersonal Vehicle – Liability

Ambulance/Paramedic UnitsAmbulance/Paramedic Units

Nearby HospitalsNearby Hospitals Pre-created maps/directionsPre-created maps/directions InformationInformation

Other ConsiderationsOther Considerations

Preseason ScreeningPreseason Screening Strength, Flexibility, Endurance, CV Strength, Flexibility, Endurance, CV

Endurance, Body Comp., Endurance, Body Comp., Balance/CoordinationBalance/Coordination

Preseason Conditioning Preseason Conditioning

Warm-up/Cool-downWarm-up/Cool-down

Correct Skill InstructionCorrect Skill Instruction i.e.: Tackling, Slidingi.e.: Tackling, Sliding

Dealing w/ an Athletes’ Dealing w/ an Athletes’ Medical InsuranceMedical Insurance

Health Maintenance Organization (Health Maintenance Organization (HMOHMO):): Need a referral; must see PCP first Need a referral; must see PCP first

Preferred Provider Organization (Preferred Provider Organization (PPOPPO):): Don’t need a referral; must be in-networkDon’t need a referral; must be in-network

Medicaid:Medicaid: Insurance for low incomes; Insurance for low incomes; reimbursement for providers varies by reimbursement for providers varies by state; may be difficult to find participating state; may be difficult to find participating providersproviders

Unit SummaryUnit Summary Name three things included in a pre-Name three things included in a pre-

participation physical.participation physical. What records should be kept for an What records should be kept for an

athlete and for approximately how long?athlete and for approximately how long? Name two conditions that might Name two conditions that might

disqualify an athlete from participation.disqualify an athlete from participation. Name two sports, other than football, Name two sports, other than football,

that are considered contact/collision.that are considered contact/collision. How can you protect yourself from How can you protect yourself from

lawsuits?lawsuits?