You are a physician, someone comes to you with an issue of whether they can
go on the trip based on the medical history. You provide an answer. Do you
have a physician/client relationship? Yes. If you diagnose improperly and
the person suffers because of your diagnose can you be sued? Yes.
Do you think the same thing occurs when people who do not have any medical
training are making those same decisions? Do you think they are liable?
Once you collect that additional medical paperwork what steps have you taken
to secure that collected medical information from third parties who have not
specifically been directed by the youth or his parents to review that
medical information.
If the organization that collects the medical information keeps information
about the person electronically, what have you done to secure that
information according to HIPPA? (Does the BSA keep information about youth
electronically? Does the BSA employee medical personnel? Yes. Does the BSA
have medical facilities? Health Lodges, First Aid tents, etc.) Would HIPPA
maybe be a stretch, probably, (electronic billing issue. But I know counsels
that would fail this test also.) but the consequences if you lose are nasty.
If the BSA medical form is incomplete, then ask for more information
according to the form. If the form is incomplete, sit down with the parents
and discuss the situation.
Don't collect any medical information except required by the BSA form. Most
leaders are not trained to collect medical information. We are starting to
see lawsuits over this issue. Lots of medical information is collected.
Person is injured or dies. Family sues because the injured/deceased were
allowed to participate. The basis of the claim is the organization made
medical decisions that they were not allowed to make (not an MD). Relying on
the approval to go, they went and suffered an injury that the organization
should have been aware of.
Another way of explaining. Person is unsure they can go on the trip. The
fill out a medical questionnaire and the organization takes their money.
Have they been approved to go on the trip medically. Yes. Who made the
approval, a WFR? A unit leader who has a basic first aid card?
What about the information you collect? Besides the privacy issues, are you
not then legally required to have the appropriate medical response to
everything listed on the medical form?
"The real reason for having the medical forms in the first place is to make
it safe for all scouts."
NO, THIS IS NOW WHY THE BSA HAS THE MEDICAL FORM.
The reason for the medical form is to get a qualified person who knows the
most possible information about the person to approve the person for
participation. The personal physician! Not the unit leader, a summer
staffer, the counsel, anyone.
On another note. Nothing in Scouting, no document, no writing, not the
medical form ever says anything about Scouting being safe. You tell a parent
Scouting is safe and we might be reading about you in a lawsuit some day.
Who should be making medical decisions about the youth and the program. The
unit leader or the parents and their personal physician?
Jim
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As you gather around this virtual campfire with fellow
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Received on Sun Dec 4 20:43:28 2005
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