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Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
Legal Responsibilities
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Legal Responsibilities

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  • 1. Organizations
  • 2. Athletic Training Organizations
    • National Athletic Trainer’s Association (NATA) www.nata.org
      • Founded in 1950
      • From 200 to 27,000 members
    • Board of Certification (BOC)
      • Developed in 1989 to proved a certification and re-certification program (continuing education) for athletic training
  • 3. Athletic Training Education Organizations
    • Commission on Accreditation of Athletic Training Education (CAATE)
      • Grants Accreditation to programs for the athletic trainer
    • Joint Review Committee on Educational Programs in Athletic Training (JRC-AT)
  • 4. Related Organizations
    • American Physical Therapy Association (APTA)
    • State Board of PT
  • 5. Legal Liability/Responsibility
  • 6. What is an Athletic Trainer?
    • Defined by NATA
    • Certified athletic trainers (ATCs) are unique health care providers who specialize in the prevention, assessment, treatment and rehabilitation of injuries and illnesses that occur to athletes and the physically active.
    • Conduct a Role Delineation every 5-years
      • Survey NATA members regarding their roles and responsibilities
      • Educational curriculum and BOC examination based on this study
  • 7. AT DOMAINS
    • Six practice domains of athletic training:
      • Prevention
      • Clinical Evaluation and Diagnosis
      • Immediate Care
      • Treatment, Rehabilitation and Reconditioning
      • Organization and Administration
      • Professional Responsibility
  • 8. What Defines a DUTY?
    • Job Description
    • Standard of Care
    • Contract
    • Athletic Trainer Domains
  • 9. Legal considerations for the athletic trainer
    • First need to know what is the athletic trainers DUTY to the athlete
      • Duty is the legally defined responsibilities of an athletic trainer
      • To do what a reasonable an careful person (athletic trainer) would do under the same or similar circumstances “reasonably prudent man theory”
  • 10. Breach of Duty
    • Nonfeasance - not fulfilling legal duty “don’t do something you should have done”
    • Misfeasance - Doing something we should be doing, but improperly
    • Malfeasance - Doing something we have no duty to perform
  • 11. Breach of Duty- Other Factors
    • Morality
    • Economic good of the group
    • Practical administration of the law
    • Fact pattern of the case
  • 12. Standard of Care
    • What is the standard of care an athletic trainer has to uphold?
    • Standard of care is determined by what the individuals duty is.
        • For example - a coach managing a serious head injury would not be held to as high a standard of care as an athletic trainer or EMT.
  • 13. Duty owed to each individual is different
    • Licensee - On property with permission of owner but of no benefit to owner. Should be warned of harms owner is aware of.
    • Invitee - Greatest duty! Person who has been invited expressly onto land
    • Trespasser Least Duty!
  • 14. Legal considerations for the athletic trainer
    • Liability : Appropriate actions for particular situations
      • Must perform in a reasonable manner or liable
      • Must not fail to perform or liable
  • 15. Definitions of Liability
    • Negligence - Guilty of being liable
      • Contributory Negligent - the degree to which the injured athlete is determined to have contributed to his/her own injury.
      • Comparative Negligence - similar to Contributory but compared the relative negligence not the part of the defendant
  • 16. Definitions of Liability
    • Tort - What a trainer is legally charged with
      • Omission - don't carry out legal duty
      • Commission - commit act not legally able to perform
  • 17. Defenses Against Negligence
    • Assumption of Risk - an athlete assumes certain risk of injury (need to consider age, and experience)
    • Act of God
    • Contributory and Comparative negligence
    • Forseability
  • 18. Legal Issues - Informed Consent
    • Implies that an athlete or his/her parents must be informed of the risks inherent in a particular sport before they voluntarily assume the risk of participation.
      • Remember that Guardians/parents cannot waive a minors rights. A minor can reinstate his/her right when turning 18.
  • 19. Legal Issues - Shared Responsibility
    • Acknowledges the impracticality of coaches and other athletic personnel being responsible for the prevention of all injuries that occurring sports. Consequently, the athlete is asked to share in this responsibility.
  • 20. Legal Issues - Transportation
    • Guest Statue - no person riding in an auto as a guest has any right of action against the driver or any person liable if:
      • willingly volunteered (remember minors cannot volunteer)
  • 21. What is the athletic trainer legally liable for?
    • Legally liable to give the athlete the best equipment whether JV or sub-athlete.
    • Nutritional aspects of team - Can't watch what eat but need to supply them with information and recognize eating disorders
    • Supervise the play and practice areas: make sure they are safe, control the environment (move objects, suggest take practice inside due to lightning or heat/cold)
  • 22. Specific responsibilities to the Training Program
    • Obtain readily available medical records
    • Conduct pre play physical exam and maintain accurate emergency information. Simply because an athlete can't assume healthy.
    • Work closely with parents and coaches keep communication open.
  • 23. Specific Responsibilities to Athlete
    • Make sure athlete knows how to condition
    • Between onset of practice and competition make sure the athlete is prepared. Gear etc..
    • W/out any hesitation must remove athlete from activity if impaired.
    • Responsible for athlete in the environment.
  • 24. Specific Responsibilities to Athlete
    • Must have ability to evaluate and analyze the injury and athletes status.
    • Give proper fitting equipment
    • Athlete must have qualified medical care in practice and competition, if beyond your scope need Physician etc. Don't need to know everything have support group.
  • 25. How does the Athletic trainer Protect Themselves.
    • Keep Accurate records
    • PPE for traditional settings
    • Have the health history of the athlete current and accessible in case of emergency
    • Provide utmost care to all individuals
  • 26. How does the Athletic trainer Protect Themselves.
    • Make sure the area you are responsible for is properly supervised, students equipment, safe.
    • Don't give out medicine that is for the physician, may not want to give out aspirin or Tylenol prior the comp/practice if get injured may mask symptoms.
      • If dispense over the counter drugs keep accurate record of how many and who.
  • 27. How does the Athletic trainer Protect Themselves.
    • Use only ability capable of using - don't act outside capabilities
    • Don't use faulty equipment
    • Don't return injured player till Dr. cleared
    • Never use pain killing drugs that allow athlete to participate.
    • Follow orders of the physician
    • Communicate clearly with Dr.. Coaches Athletes, parents etc.
  • 28. Part of Being prepared and avoiding liability is having an emergency care procedure
  • 29. Release and Waiver
    • Release - institution is not responsible for injuries (worthless?)
      • Parents can't sign away anything for a minor
      • On release of information to anyone else other than athlete need a release from the athlete.
  • 30. Ethics
    • Branch of philosophy concerned with the nature of ultimate value and the standards by which human actions can be judged right or wrong. The term is also applied to any system or theory of moral values or principles.
      • Ethics is traditionally subdivided into normative ethics, metaethics, and applied ethics.
      • Normative ethics seeks to establish norms or standards of conduct; a crucial question in this field is whether actions are to be judged right or wrong based on their consequences or based on their conformity to some moral rule, such as “Do not tell a lie.”
      • Metaethics is concerned with the nature of ethical judgments and theories.
      • Applied ethics, as the name implies, consists of the application of normative ethical theories to practical moral problems (e.g., abortion). Among the major fields of applied ethics are bioethics, business ethics, legal ethics, and medical ethics.
  • 31. Ethics
    • Ethics has developed as people have reflected on the intentions and consequences of their acts. From this reflection on the nature of human behavior
    • Another major difference in the approach to ethical problems revolves around the question of absolute good as opposed to relative good.
  • 32. ETHICAL CONSIDERATIONS
    • PREAMBLE The Code of Ethics of the National Athletic Trainers' Association has been written to make the membership aware of the principles of ethical behavior that should be followed in the practice of athletic training. The primary goal of the Code is the assurance of high quality health care. The Code presents aspirational standards of behavior that all members should strive to achieve.
  • 33. NATA ETHICS STATEMENT
    • The principles cannot be expected to cover all specific situations that may be encountered by the practicing athletic trainer, but should be considered representative of the spirit with which athletic trainers should make decisions. The principles are written generally and the circumstances of a situation will determine the interpretation and application of a given principle and of the Code as a whole. Whenever there is a conflict between the Code and legality, the laws prevail. The guidelines set forth in this Code are subject to continual review and revision as the athletic training profession develops and changes.
  • 34. Ethics Principle 1:
    • Members shall respect the rights, welfare and dignity of all individuals.
    • 1.1 Members shall not discriminate against any legally protected class.
    • 1.2 Members shall be committed to providing competent care consistent with both the requirements and the limitations of their profession.
    • 1.3 Members shall preserve the confidentiality of privileged information and shall not release such information to a third party not involved in the patient's care unless the person consents to such release or release is permitted or required by law.
  • 35. Ethics Principle 2:
    • Principle 2: Members shall comply with the laws and regulations governing the practice of athletic training.
    • 2.1 Members shall comply with applicable local, state, and federal laws and institutional guidelines.
    • 2.2 Members shall be familiar with and adhere to all National Athletic Trainers' Association guidelines and ethical standards.
    • 2.3 Members are encouraged to report illegal or unethical practice pertaining to athletic training to the appropriate person or authority.
    • 2.4 Members shall avoid substance abuse and, when necessary, seek rehabilitation for chemical dependency.
  • 36. Principle 3:
    • Members shall accept responsibility for the exercise of sound judgment.
    • 3.1 Members shall not misrepresent in any manner, either directly or indirectly, their skills, training, professional credentials, identity or services.
    • 3.2 Members shall provide only those services for which they are qualified via education and/or experience and by pertinent legal regulatory process.
    • 3.3 Members shall provide services, make referrals, and seek compensation only for those services that are necessary.
  • 37. Principle 4:
    • Members shall maintain and promote high standards in the provision of services.
    • 4.1 Members shall recognize the need for continuing education and participate in various types of educational activities that enhance their skills and knowledge.
    • 4.2 Members who have the responsibility for employing and evaluating the performance of other staff members shall fulfill such responsibility in a fair, considerate, and equitable manner, on the basis of clearly enunciated criteria.
    • 4.3 Members who have the responsibility for evaluating the performance of employees, supervisees, or students are encouraged to share evaluations with them and allow them the opportunity to respond to those evaluations.
    • 4.4 Members shall educate those whom they supervise in the practice of athletic training with regard to the Code of Ethics and encourage their adherence to it.
    • 4.5 Whenever possible, members are encouraged to participate and support others in the conduct and communication of research and educational activities that may contribute knowledge for improved patient care, patient or student education, and the growth of athletic training as a profession.
    • 4.6 When members are researchers or educators, they are responsible for maintaining and promoting ethical conduct in research and educational activities.
  • 38. Principle 5:
    • Members shall not engage in any form of conduct that constitutes a conflict of interest or that adversely reflects on the profession.
    • 5.1 The private conduct of the member is a personal matter to the same degree as is any other person's except when such conduct compromises the fulfillment of professional responsibilities.
    • 5.2 Members of the National Athletic Trainers' Association and others serving on the Association's committees or acting as consultants shall not use, directly or by implication, the Association's name or logo or their affiliation with the Association in the endorsement of products or services.
    • 5.3 Members shall not place financial gain above the welfare of the patient being treated and shall not participate in any arrangement that exploits the patient.
    • 5.4 Members may seek remuneration for their services that is commensurate with their services and in compliance with applicable law.
  • 39. REPORTING OF ETHICS VIOLATIONS
    • Anyone having information regarding allegations of ethical violations, and wishing to supply such information to NATA, shall supply this information, with as much specificity and documentation as possible, to NATA's Executive Director or Chair of the Ethics Committee. Information need not be supplied in writing, and the reporting individual need not identify him or herself. Information, however, that is too vague, cannot be substantiated without the assistance of the reporting person, or information where, in the opinion of the NATA Executive Director or Ethics Chair, there is no need for anonymity for the reporting individual will not be forwarded for action by the committee.
  • 40. Violations
    • An individual may report information on the condition that the individual's name or certain other facts be kept confidential. NATA may proceed with an investigation subject to such a condition; however, NATA must inform the reporting individual that at some point in the investigation NATA may determine that it cannot proceed further without disclosing some of the confidential information, either to the applicant or member under investigation or to some other party. A reporting individual, upon receiving this information from NATA, may decide whether or not to allow the information to be revealed. If the reporting individual decides that the necessary information must remain confidential, NATA may be required to close the unfinished investigation for lack of necessary information. Individuals are strongly encouraged to provide relevant information, with as much detail as possible, in writing to:
  • 41. Licensure
  • 42. Licensure
    • 39 states have legislation regarding the practice of athletic training
    • 5 Certification (NY, KY, PA, SC, LA)
    • 2 Registration (WY, CO)
    • 2 Exemption (OR, MN)
    • 2 no regulation (CA AK WV)
    • Some states have licensure or certification separate from the BOC
  • 43. Licensure vs Certification or Registration
    • Certification: Certification is voluntary. An individual seeking to achieve the highest level of professionalism may proceed to complete requirements necessary for certification.. Certification usually initiated by the profession.
      • No sanctions against individuals for violation of code of ethics or negligent practices.
  • 44. Licensure & Certification
    • Licensure: Licensure is MANDATORY. Legal means for ensuring minimum levels of education and competence. The state decides those minimum levels and determines that only persons meeting those standards may hold themselves as practitioners.
      • State may sanction a person for violating the state’s standards
      • State can warn citizens that only licensed individuals may practice and publicly announce those individuals
  • 45. Registration
    • Registration: State mandate that defines a particular name, and/or profession
      • Provides sanction for those improperly using a registered profession name
      • State can provide names of individuals registered under a particular profession.
  • 46.
    • What your legally allowed to do in your state?
    • What is the legal parameters regarding licensure etc.. In your state?

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