Policies & Procedures EAP Legal Concerns Chapters 2, 3, & 12

Athletic Training Student Handbook 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 Concerns Liability: legally responsible for the harm one causes another person Liability: legally responsible for the harm one causes another person Negligence: failure to use ordinary reasonable care Negligence: failure to use ordinary reasonable care Standard of Care: global standards for care within your medical peer group Standard of Care: global standards for care within your medical peer group Good Samaritan Law: protection outside of work as long as you provide reasonable care within your scope of training Good Samaritan Law: protection outside of work as long as you provide reasonable care within your scope of training

Legal Concerns Continued Statute of Limitations: Varies between states; 1-5 yrs generally Statute of Limitations: Varies between states; 1-5 yrs generally Assumption of Risk: Form all athletes/guardians should sign prior to participation; they acknowledge there are inherent risks Assumption of Risk: Form all athletes/guardians should sign prior to participation; they acknowledge there are inherent risks Sovereign Immunity: Those employed by the government cannot be held liable for negligence Sovereign Immunity: Those employed by the government cannot be held liable for negligence

Protect Yourself Recognize personal limitations Recognize personal limitations Establish and follow protocols Establish and follow protocols Communication & relationships Communication & relationships Keep yourself current Keep yourself current Know the law Know the law Have personal liability insurance Have personal liability insurance It is ILLEGAL for an ATS to give an athlete any medication It is ILLEGAL for an ATS to give an athlete any medication Including OTC meds (i.e. tylenol or decongestants) Including OTC meds (i.e. tylenol or decongestants)

Medical Records Paper vs Electronic Paper vs Electronic Keep for 7 years (minimum) Keep for 7 years (minimum) All injuries must be well documented All injuries must be well documented School Administration Report School Administration Report Athletic Training Injury Form Athletic Training Injury Form Written consent to release medical records Written consent to release medical records HIPAA: A blanket authorization needed yearly, must specify what and who HIPAA: A blanket authorization needed yearly, must specify what and who FERPA: Protects student records FERPA: Protects student records

Penalties for HIPPA Violations Up to $25,000 per person/year for unintentional violations Up to $25,000 per person/year for unintentional violations Criminal penalties for knowingly disclosing information Criminal penalties for knowingly disclosing information Knowing disclosure: $50,000 & 1 yr imprisonment Knowing disclosure: $50,000 & 1 yr imprisonment False pretenses: $100,000 & 5 yrs imprisonment False pretenses: $100,000 & 5 yrs imprisonment Intent to sell: $250,000 & 10 yrs imprisonment Intent to sell: $250,000 & 10 yrs imprisonment

Athlete’s Health Records Consent Form Consent Form Parent’s Consent Parent’s Consent Health History Health History Patient & Family Patient & Family Current Pre-participation Physical Current Pre-participation Physical Must be signed by physician Must be signed by physician Chiropractors??? Chiropractors??? Emergency Information Card Emergency Information Card Kept in med kit on-site Kept in med kit on-site Parental Information/Contact Parental Information/Contact Insurance Information Insurance Information Important Medical Information (diabetes, asthma etc..) Important Medical Information (diabetes, asthma etc..)

Pre-Participation Physicals – Figure 2-6/7 pg Medical Hx Medical Hx Physical Exam Physical Exam Maturity Exam Maturity Exam CV Screening CV Screening Orthopedic Screening Orthopedic Screening Urinalysis/Bloodwork Urinalysis/Bloodwork

Potential Disqualifying Conditions – Table 2-2 pg 64 Uncontrolled Diabetes Uncontrolled Diabetes Uncontrolled Asthma Uncontrolled Asthma Heart Conditions Heart Conditions Uncontrolled High BP Uncontrolled High BP Epilepsy Epilepsy Previous Spinal Injuries Previous Spinal Injuries Chronic Orthopedic Problems Chronic Orthopedic Problems Previous Head Injuries… Previous Head Injuries…

Classification of Sports Contact/Collision Contact/Collision Football Football Soccer Soccer Basketball Basketball Wrestling Wrestling Limited Contact Limited Contact Baseball/Softball Baseball/Softball Volleyball Volleyball No Contact Swimming Tennis Track Cross Country Golf

Facilities/Equipment Inspect facilities and equipment at least once per year, prior to use Inspect facilities and equipment at least once per year, prior to use Faulty equipment or poor playing conditions can cause injuries Faulty equipment or poor playing conditions can cause injuries Slippery gym floor, holes in the outfield, cracked batting helmet, etc Slippery gym floor, holes in the outfield, cracked batting helmet, etc

Emergency Transport Personal Vehicle – Liability Personal Vehicle – Liability Ambulance/Paramedic Units Ambulance/Paramedic Units Nearby Hospitals Nearby Hospitals Pre-created maps/directions Pre-created maps/directions Information Information

Other Considerations Preseason Screening Preseason Screening Strength, Flexibility, Endurance, CV Endurance, Body Comp., Balance/Coordination Strength, Flexibility, Endurance, CV Endurance, Body Comp., Balance/Coordination Preseason Conditioning Preseason Conditioning Warm-up/Cool-down Warm-up/Cool-down Correct Skill Instruction Correct Skill Instruction i.e.: Tackling, Sliding i.e.: Tackling, Sliding

Dealing w/ an Athletes’ Medical Insurance Health Maintenance Organization (HMO): Health Maintenance Organization (HMO): Need a referral; must see PCP first Need a referral; must see PCP first Preferred Provider Organization (PPO): Preferred Provider Organization (PPO): Don’t need a referral; must be in-network Don’t need a referral; must be in-network Medicaid: Insurance for low incomes; reimbursement for providers varies by state; may be difficult to find participating providers Medicaid: Insurance for low incomes; reimbursement for providers varies by state; may be difficult to find participating providers

Unit Summary Name three things included in a pre- participation physical. Name three things included in a pre- participation physical. What records should be kept for an athlete and for approximately how long? What records should be kept for an athlete and for approximately how long? Name two conditions that might disqualify an athlete from participation. Name two conditions that might disqualify an athlete from participation. Name two sports, other than football, that are considered contact/collision. Name two sports, other than football, that are considered contact/collision. How can you protect yourself from lawsuits? How can you protect yourself from lawsuits?