SPS1111 Legal Practice (PDF)

LEGAL, SCOPE OF PRACTICE, DUTY OF CARE Dr. Oliver Lecture Objectives  Define the scope of practice, legal issues and facility management procedure of an exercise professional  Understand the daily operational practices of a training program and facility that help to achiev...

LEGAL, SCOPE OF PRACTICE, DUTY OF CARE Dr. Oliver Lecture Objectives  Define the scope of practice, legal issues and facility management procedure of an exercise professional  Understand the daily operational practices of a training program and facility that help to achieve the goals and objectives  Establish a standard of practice that leads to a safe and effective program  Identify common areas of potential liability exposure and implement appropriate risk management strategies  Create a policies and procedures manual for a training program and facility  Key Terms Policies: Are rules and regulations; reflect the goals and objectives of the organization/facility Procedures: Describe how policies are met or carried out. Scope of Practice for a Registered Exercise Professional A. Pre-exercise health screening B. Safety and risk assessment and management C. Application of first aid to clients where required D. Fitness assessment and analysis in accordance with knowledge and skill obtained through qualification and/or continuing education E. Development of safe, effective and appropriate programs tailored to client or group needs F. Exercise delivery inclusive of demonstrating, instructing, monitoring, reviewing and modifying program content including technique, method and progression Scope of Practice for a Registered Exercise Professional G. Working within professional limitations to provide basic healthy eating information and advice through the application of nationally endorsed nutritional standards and guidelines. H. Provision of general nationally endorsed public health information that will educate and support positive client health outcomes  Scope of Practice for a Registered Exercise Professional Personal Trainers: A. Use of evidence based protocols to enhance client exercise adherence through goal setting, motivation, guidance, social support, relapse prevention and feedback. B. Referring to medical or allied health professionals for guidance. Utilizing best practice referral/feedback processes to optimize client health outcomes Scope of Practice for a Registered Exercise Professional Group Exercise Leader: A. Leading predesigned group exercise sessions inclusive of demonstrating, instructing and monitoring client participation within pre-designed program content parameters  Scope of Practice for a Registered Exercise Professional Guidelines do not include: A. Provision of nutritional advice outside of basic healthy eating information and nationally endorsed nutritional standards and guidelines B. Therapeutic treatment or independent rehabilitative exercise prescription C. Independent exercise prescription for high risk clients D. Diagnostic tests or procedures E. Sports coaching F. Psychological Counselling  Scope of Practice for a Registered Exercise Professional Professional and Ethical Practice: A. Relationship with and responsibilities to clients B. Professional integrity C. Professional standards The Code of Ethics also outlines a complaint resolution, disciplinary and appeals process Scope of Practice for a Registered Exercise Professional Legislation and Regulations: – Registered exercise professionals must adhere to regulations including, but not limited to: A. Jurisdictional OH&S B. Civil Liability Law C. Privacy Law D. Consumer Law E. Anti-discrimination Law F. Criminal Law (may include national criminal history record check or working with children check) G. Local government policy H. Other relevant setting-specific policies or regulations Legal and Ethical Issues Common legal terminology – Informed consent—The process by which a procedure or activity is described to a participant, with an explanation of inherent risks and benefits involved, allowing the individual to determine if he or she desires to participate. – Liability—A legal responsibility, duty, or obligation. By virtue of their employment, exercise professionals have a duty to the clients/athletes they serve, not only to act when an injury occurs but also to prevent injury. – Standard of care—What a reasonable and prudent person would do under similar circumstances – Negligence—Failure to act as a reasonable and prudent person would under similar circumstances – Assumption of risk—Knowing that an inherent risk exists with participation in an activity and voluntarily deciding to participate anyway – Duty-a legal responsibility or obligation  Legal and Ethical Issues (continued) Pre-participation screening and medical clearance – Participants to undergo an appropriate screening and clearance prior to participation. – APSS form – Medical clearance required? – Keeping documentation on file – Updating and screening regularly All participants must sign a liability waiver, which should be modified as needed to comply with local and national laws. Reducing liability for on-premise injuries during use of the facility is critical in any risk management strategy. Legal and Ethical Issues Record keeping –Records that should be kept on file Cleaning and maintenance Safety procedures Manufacturer’s warranties and guidelines Assumption-of-risk or other informed consent forms Medical waivers and clearance forms Personnel credentials Professional guidelines and recommendations Injury report forms  Legal and Ethical Issues (continued) Liability insurance – A contractual promise by which the insurer promises to defend and indemnify the insured, up to the defined limits of liability, from certain defined liability risks at the insurer’s cost in exchange for payment of a premium. – Exercise professionals should consult Their human resource manager A legal consultant Professional organization (e.g., ESSA, Fitness Australia, ASCA)  Legal and Ethical Issues (continued) Product liability – Use equipment only for the purpose intended by the manufacturer. – Be certain that equipment meets existing professional standards and guidelines. – Buy only from reputable manufacturers. – Do not modify equipment unless such adaptations are clearly designated and instructions for doing so are included in the product information.  Legal and Ethical Issues (continued) Product liability – Apply all warning labels that accompany a new equipment purchase. – Continually inspect equipment for damage and wear that may place an athlete at risk for injury. – Do not allow clients/athletes to use equipment they have not been trained to  Running a facility or program Management/owners/director of facilities: – Responsibilities Adherence to policies and procedures Facility Equipment Staff Administrative tasks such as sound record keeping, preparing a budget, purchasing equipment, preparing proposals, and working with administration and media  Staff Policies and Activities Instruction and supervision – Principles of supervision Always be there. Be active and hands on. Be prudent, careful, and prepared. Be qualified. Be vigilant. Inform participants of safety and emergency procedures. Know participants’ health status. Monitor and enforce rules and regulations. Monitor and scrutinize the environment. Working in a facility/program Points of preparedness required of each member of staff 1. Maintenance of professional certification 2. Maintenance of certification in standard first aid, CPR, and AED 3. Review of emergency response procedures 4. Knowledge and understanding of program policies and procedures 5. Knowledge and understanding of governing body rules and regulations 6. Knowledge and understanding of cleaning and maintenance issues and needs 7. Knowledge and understanding of program philosophy and instruction methods Staff Policies and Activities Reporting and documentation – Additional records that should be developed and maintained Personnel credentials Professional standards and guidelines Policies and procedures for operation and safety (written emergency plan) Equipment user manuals provided by the manufacturer Equipment and facility maintenance Pre-participation medical clearance Return-to-participation clearance Protective legal documents such as informed consent, waiver of claim, personal contract Training logs, evaluation entries, instruction notes Emergency Planning and Response Components of an emergency action plan – EMS activation procedures – Names and telephone numbers of primary, secondary, and tertiary individuals to contact – Specific address of the facility – Locations of the telephones – Locations of nearest exits – Designated personnel qualified to care for injuries (i.e., sports medicine staff) – Ambulance access – Location of emergency supplies and first aid kit – Plan of action in case of fire, tornado, life-threatening injury, crime, terrorism, and so forth Emergency Planning and Response (continued) Emergency personnel – The exercise practitioner (and any personnel associated with practices and skill instruction) should acquire and maintain emergency first response certifications. Standard first aid CPR AED Emergency Planning and Response (continued) Emergency communication – Establish a direct line of communication and formulate a backup plan. Emergency equipment – Emergency equipment should be readily available in an emergency situation. (continued)  Emergency Planning and Response (continued) Roles within the emergency team – Provide immediate care of the client, as time is the most critical factor in emergency situations. – Emergency equipment retrieval; users of the facility should be made aware of the types and locations of emergency equipment before participation. – Activation of the emergency medical system (EMS); establish a method for a direct line of communication in cases in which emergency transportation is not already on-site. – The individual making the call should have been familiarized with the facility location during the orientation meeting.