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#1 Professional Perspective/Audience/Topic  

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#1 Professional Perspective/Audience/Topic  

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I am an athletic trainer at Angelo State University. Therefore, I am going to alter my legal and ethical perspective to focus on the realm of athletic training and the liability the athletic trainers are under. Athletic trainers act under their own medical license but the ability of an athletic trainer is under the medical action of a physician. I hope to educate the public and student athletes about this liability and the situation for athletic trainers.

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Troy Hill is the assistant athletic director of sports medicine at Angelo State University. He has been employed at Angelo State for more than 20 years. He states that a legal guide or an understanding of the legal system within athletic training is imperative. You always "need to cover you "ass"ists." In any health care related field, you are watched under a microscope and analyzed on everything (Hill, 2021). The main advice from Hill in regard to legal guidance would be to understand your scope of practice. This is the legal bread and butter, as it outlines what you can and cannot do. Along with the importance of documentation, these two guidelines will cover you in a court of law. These, along with EBP or evidence based practice medical cage, are the best practices to protect you from legal action. Doing your homework and staying up to date is a must in an evolving industry like medicine (Hill, 2021). The COVID pandemic and the actions taken in a daily athletic training room are popular topics today. I asked Hill for his opinion on the topic. Personally, I see it greatly impacting us over the next 10 years as we refer quicker, increase cleaning protocols and manage illness different. Hill concerted but also stated the growth of risk and how a medical director might need to be in order to regulate these actions and decision based on a risk perspective.  I found this interesting as his years of expense showed how he thought of risk and legal ramification more regularly.

Hill. T. (Personal Communication, Febuary, 2021).
Angelo State Athletic, (2021). Troy hill. Retrieved from https://angelosports.com/staff-directory/troy-hill/83

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The National Athletic Training Association (NATA) is the large governing body over athletic trainers. They discussed a liability risk tool guide, documentation guides and a guide of duty of report. This provided the most information to athletic trainers specifically about lability risk (NATA, 2020). This information is detailed, systematic to be easily duplicated and can be assessable on their website.

National Athletic Training Association. (2021). Retrieved from https://www.nata.org/practice-patient-care/risk-liability

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Concussed Athlete Files Law Suit Against Athletic Trainer

In 2018, it was brought to light that at a Montana high school , there was an athlete who sustained a concussion. The athlete claimed the athletic trainer was not covered by Montana's Recreational Responsibility Act and the athletic trainer was liable as the athletic trainer labeled him "ok concussion wise." Later the athlete sustained permanent brain damage. The athlete was filing that these action where with Licensed healthcare professional and it should exempt them from Recreational Responsibility Act and have them liable under the Protection of Youth Athletes Act.

Cameron, C. (2018). Concussed athlete files law suit against athletic trainer. Athletic Business. Retrieved from: https://www.athleticbusiness.com/civil-actions/concussed-athlete-files-suit-against-athletic-trainer.html

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In 2018, The Oregonian published a $38 million law suit places onto Hermiston School District, on the grounds the athletic trainer and ISD were liable for Conor Martin's medical issues. Conor suffered a concussion in September of 2016, and was cleared to return to sports 4 days later by the athletic trainer. In the following month of October, Conor sustained another hit that knocked him unconscious which, in the parent's point of view, increased the initial symptoms. To this day, Conor has sensitivity to light, headaches, vision and balance problems. These have caused him to have increased frequency of falling, causing more injuries to his body and face and he is unable to drive. This is a current ongoing case, but the school has only released a statement stating that student safety is their greatest focus.

Green, A. (2018). Oregon high school football player sues for $28 million after suffering concussion. The Oregonian. Retrieved from: https://www.oregonlive.com/pacific-northwest-news/2018/09/38_million_lawsuit_football_pl.html

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#6 Original Source of Law - NATA Code of Ethics 

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#6 Original Source of Law - NATA Code of Ethics 

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The first law sources is the NATA Code of Ethics, this an administrative form of law. This is a standard that is to be upheld and met by all athletic trainers within the national athletic training association. Examples of the standards are,
- 2.1 Members shall comply with applicable local, state, federal laws, and any state athletic training practice acts. NATA Code of Ethics §2.1
- 4.1  Members should conduct themselves personally and professionally in a manner that does not compromise their professional responsibilities or the practice of athletic training. NATA Code of Ethics § 4.1
- 4.4 Members shall not, through direct or indirect means, use information obtained in the course of the practice of athletic training to try and influence the score or outcome of an athletic event, or attempt to induce financial gain through gambling. NATA Code of Ethics § 4.4

https://www.nata.org/membership/about-membership/member-resources/code-of-ethics

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#7 Original Source of Law -  Feleccia vs. Lackawanna College et al.  

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#7 Original Source of Law -  Feleccia vs. Lackawanna College et al.  

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Feleccia vs. Lackawanna occurred in the Supreme court of Pennsylvania labeling it local judicial law. This case was in regard to personal injury clams and liability wavers.
- The case ruled that the form does not cover gross negligence or recklessness. Feleccia vs. Lackawanna, (2019).
- Stating that if the duty of the athletic trainer was met then the waver would protect from lawful action. Feleccia vs. Lackawanna, (2019).

https://law.justia.com/cases/pennsylvania/supreme-court/2019/75-map-2017.html

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#8 Original Source of Law  - Sports Medicine Licensure Clarity Act 

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#8 Original Source of Law  - Sports Medicine Licensure Clarity Act 

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The Sports Medicine Licensure Clarity Act was passed by President Donald Trump in 2018. This law is an example of federal salutatory law. This law states that athletic trainers are protected by their state licensure when working outside of the their home state, if they are traveling with their employer. This protects, for example, Texas athletic trainers with the University of Texas who travel to  Oklahoma State University for a football game. (Sports Medicine Licensure Clarity Act, 2018).

https://www.nfhs.org/articles/federal-law-increases-legal-protection-for-athletic-trainers/

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#9 Original Source of Law - Natasha's Law 

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#9 Original Source of Law - Natasha's Law 

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Natasha's Law is a local salutatory law that was passed by the Texas house in response to concussions. This altered the treatment, management, and return to play process for all concussion in the state of Texas. This bill is official named House Bill 2038. (Natasha's Law, 2011).

https://house.texas.gov/news/press-releases/print/?id=3625

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At Angelo State University, there are many severe weather, concussion, injury, heat and cold illness and temperature policies to protect the student athlete. These policies are in accordance to NATA position statements, our university medical director and approved by the university.  These policies are specific to Angelo State. Our concussion policy has a schedule exercise progression and evaluation process with precise return to play protocol.

Angelo State University Athletic Training Staff. (2020). Sports medicine policies and procedure.

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NATA Code of Ethics § 2.1 - Members shall comply with applicable local, state, federal laws, and any state practicing acts.

This code states that athletic trainers will be law abiding citizens. Follow state practice acts, local practices, university standards and scope of practices. Athletic trainers have a specific scope of practice per state that they practice in, and it is this code's effort that the athletic trainer should follow and stand up to those standards. Largest point is to not act outside of that scope.

National Athletic Training Association. (2021). Retrieved from: https://www.nata.org/membership/about-membership/member-resources/code-of-ethics

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#12 Personal Connection to the Legal and Ethical Standards 

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#12 Personal Connection to the Legal and Ethical Standards 

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1.1 Members shall render quality patient care regardless of the patient’s race, religion, age, sex, ethnic or national origin, disability, health status, socioeconomic status, sexual orientation, or gender identity.

4.1. Members should conduct themselves personally and professionally in a manner that does not compromise their professional responsibilities or the practice of athletic training.

4.4. Members shall not, through direct or indirect means, use information obtained in the course of the practice of athletic training to try and influence the score or outcome of an athletic event, or attempt to induce financial gain through gambling.

These three sections from the NATA code of ethics relate to my education journey as it has guided me to respectful to all and have a diverse background. To hold sports and my job to highest priority and avoid, unprofessional actions, like gabbling.

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#13 Bulleted List of Recommendations/Best Practice for Compliance 

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#13 Bulleted List of Recommendations/Best Practice for Compliance 

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- Protect your self! Document
- Follow you scope of practice
- Learn the Code of Ethics
- Communication!
- Get support for governing bodies and other medical professionals