LEGAL CONSIDERATIONS Flashcards
What is NEGLIGENCE?
failing to act accordingly to a generally accepted standard
“act of omission” fail to act
“act of commission” to act inappropriately
Liability exposures- PREPARTICIPATION SCREENING
“failure to conduct proper preparticipation screening and referral for medical evaluation and clearance”
must conduct preparticipation screening prior to starting program
Liability exposures- ASSESSMENTS
“failure to conduct appropriate assessment of participants fitness to determine exercise programming”
must conduct health screening and fitness assessments to determine safe and appropriate programming
Liability exposures- EXERCISE INTENSITY
“failure to prescribe an appropriate exercise intensity in terms of metabolic, muscular, and cardiovascular demand”
must be familiar with the accepted exercise guidelines
Liability exposures- SUPERVISION & INSTRUCTION
“failure to supervise or instruct clients regarding the safe performance and proper use of equipment”
legal obligation to supervise accordingly
Liability exposures- SCOPE OF PRACTICE
“providing services or making statements outside the scope of practice for an exercise professional”
must abide by scope of practice based on education, knowledge, credentials, and skill
GENERAL SCOPE OF PRACTICE
- DO NOT diagnose illness, disease, injury, or make statements that may be misinterpreted as a diagnosis
- DO NOT attempt to treat injuries or medical conditions
- DO NOT counsel individuals with psychological disorders
- DO NOT provide hands on manipulation of soft tissue or perform adjustments
- DO NOT misrepresent health screening protocols or fitness assessments as medical evaluation
- DO NOT make recommendations to alter medical treatment plan
- DO refer clients to appropriate health care providers
NUTRITIONAL SCOPE OF PRACTICE
- DO NOT perform nutritional assessments or recommend appropriate nutritional intake
- DO NOT design or prescribe specific meal plans or diets
- DO NOT prescribe dietary recommendations to treat medical conditions
- DO NOT recommend or encourage dietary supplements
- DO NOT promote yourself as a dietitian or nutritionist
- DO only perform general and non-medical nutrition information
Liability exposures- DOCUMENTATION
“failure to maintain appropriate documentation and records”
- informed consent
- liability waiver
- prepar screening forms (PAR-Q, HLQ, HRA)
- medical clearance
- health/fitness assessment data
- exercise training logs
- progression notes in SOAP format
- communications with client’s healthcare provider
INFORMED CONSENT
- explain the process and purpose of exercise assessment/training program
- inherent risks and other discomforts
- expected benefits and outcomes
- responsibilities of the client
- confidentiality and use of personal info
- questions and inquiries
- freedom of consent
PROGRESS NOTES
S- subjective (info provided by PT)
O- objective (measurements/data)
A- assessment (observation of performance)
P- plan (plan for upcoming sessions)
Liability exposures- EMERGENCY RESPONSE
“failure to provide emergency aid or response, including CPR, first aid and use of AED”
