Sports Medicine Essentials, 3e - 22

22

CHAPTER 2

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Legal Considerations and Administration

assumption of risk
Voluntarily and
knowingly assumes
the risk of an
activity through an
expressed or implied
agreement, but does
not forgive a person
of reckless conduct.
liability
Legal responsibility
to perform duties in
a reasonable and
prudent manner.

can store the information on a secure computer, personal digital assistant (PDA), or
cloud- or Web-based platform. This information can be shared once proper permission has been established via fax, e-mail, or written statement. Proper understanding
of the Health Insurance Portability and Accountability Act (HIPAA) regulations (www
.hhs.gov/ocr/hipaa) and the Family Educational Rights and Privacy Act (FERPA; http://
www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html) must precede the sharing of any
information. This will be discussed in more detail later in the chapter.
Also, but no less important, proper record keeping is necessary to protect yourself, the team, and the institution from legal action in the event of an injury, serious
or otherwise. Participation in any sport involves certain risks. Assumption of risk
means that an individual takes the responsibility for the danger taken while participating in the sport. A form indicating the risks that are involved in the sport must be
signed by the athlete and/or parent or guardian acknowledging that he or she understands the described hazards and is assuming responsibility for any injury that may
occur as a result of the inherent dangers of the sport. This has also been done with the
use of a video presented to parents, guardians, and athletes to ensure that all parties
hear, see, and understand the information presented to them. This also ensures that
they all see and hear the same information. This releases the school or organization
from liability, the legal responsibility for any loss or damage that occurs as a result of
one or more person's actions or inactions, as long as those involved stay within the
scope of practice dictated by the laws in the specific state in which they are working.
In the case of minors, the athlete's parents or guardian must sign a form assuming the
risk. By law, minors under the age of 18 cannot sign consents. You or the school (or
club) may be held liable, however, if you cause additional injury to an athlete as a
result of improper care; the assumption of risk does not cover negligence.
Sports medicine differs from other branches of medicine in that it is "public medicine." Many times the first aid and care provided to an athlete will be done in front
of a crowd, or even with cameras recording the event. This means there will often be
witnesses to the care the sports medicine team provides. If the appropriate preventive
measures are taken and skillful and competent first aid is provided, the evidence will
show that was done.
A Risk Acknowledgment and Consent to Participate form (Figure 2-2) is provided to inform the parents/guardian of any risks their son or daughter may face
while participating in the sport. A mandatory parent meeting is a great way to provide
information about the excitement, enjoyment, and health benefits of participating
in a sport program and the risks of participation for all school and club levels. The
signing of the Risk Acknowledgment and Consent to Participate form might be done
at a face-to-face meeting between the athletic trainer, the athlete, and the parents/
guardian. This provides the athlete and the parents/guardian with the opportunity to
ask any questions they may have. You might consider video recording this meeting.
The Emergency Insurance Information and Consent Form (Figure 2-3), when
completed, will provide all the insurance information health care providers need to
properly treat any injury that may affect one of the athletes. This form must be filled
out and on file before any athlete is allowed to play in a game or participate in a practice session. It is vital that each athlete have a form on file. There are no exceptions! If a
form is missing or incomplete, the athlete may not participate. This information must
also be accessible when the athlete is participating at practice and games at home and
away facilities, including transportation to and from the events.
The Pre-Participation Physical Evaluation form (Figures 2-4A and 2-4B) is used
prior to sports participation. It is filled out by the athlete (or in the case of a minor, the athlete's parents or guardian), and a licensed physician must complete the


http://www.hhs.gov/ocr/hipaa http://www.hhs.gov/ocr/hipaa http://www.hhs.gov/ocr/hipaa http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Table of Contents for the Digital Edition of Sports Medicine Essentials, 3e

Contents
Sports Medicine Essentials, 3e - Cover1
Sports Medicine Essentials, 3e - Cover2
Sports Medicine Essentials, 3e - A
Sports Medicine Essentials, 3e - B
Sports Medicine Essentials, 3e - i
Sports Medicine Essentials, 3e - ii
Sports Medicine Essentials, 3e - iii
Sports Medicine Essentials, 3e - iv
Sports Medicine Essentials, 3e - Contents
Sports Medicine Essentials, 3e - vi
Sports Medicine Essentials, 3e - vii
Sports Medicine Essentials, 3e - viii
Sports Medicine Essentials, 3e - ix
Sports Medicine Essentials, 3e - x
Sports Medicine Essentials, 3e - xi
Sports Medicine Essentials, 3e - xii
Sports Medicine Essentials, 3e - xiii
Sports Medicine Essentials, 3e - xiv
Sports Medicine Essentials, 3e - xv
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Sports Medicine Essentials, 3e - xvii
Sports Medicine Essentials, 3e - xviii
Sports Medicine Essentials, 3e - xix
Sports Medicine Essentials, 3e - xx
Sports Medicine Essentials, 3e - 1
Sports Medicine Essentials, 3e - 2
Sports Medicine Essentials, 3e - 3
Sports Medicine Essentials, 3e - 4
Sports Medicine Essentials, 3e - 5
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Sports Medicine Essentials, 3e - Cover4
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