Section 3364-35-18 - Chaperone policy(A) Policy statement The university of Toledo sports medicine staff and physicians ("UT sports medicine") is committed to providing a safe environment for all student athletes and staff. Student athletes are entitled to have their medical encounters with a medical professional conducted with appropriate privacy and confidentiality. Student athletes have the right to ask that a chaperone be present for any medical encounter including but not limited toevaluations, treatments, rehabilitation sessions, physician appointments, or any other medically related encounters they deem appropriate.
(B) Purpose This policy is designed to provide a consistent and safe environment for student athletes to receive care from UT sports medicine. This policy will respect the patient's dignity and confidentiality concerns while maintaining the professional nature of the medical encounter.
(C) Scope This policy shall govern in every medical encounter involving UT sports medicine and student athletes that does not take place at a location of the university of Toledo medical center.
(D) Definitions(1) Medical encounter: any evaluation, treatment, rehabilitation session or physician examination.(2) Sensitive examination: any examination that involves the genitalia, anorectum, or breast tissue of a student-athlete.(3) Medical professional: any athletic trainer, physician, physical therapist, advanced practice provider (physician assistant, nurse practitioner, etc.), nurse or medical assistant.For the purposes of this chaperone policy, medical professional includes an athletic trainer.(4) Chaperone: medical professional and, for the purposes of this chaperone policy, any UT sports medicine member, coach, teammate, parent, guardian, or any other individual consented to by the patient, as appropriate.(E) Guidelines (1) Any medical encounter that involves a sensitive examination should be discussed in full with the student athlete prior to the start of the medical encounter. (2) Any request made by a student athlete for a chaperone to be present during a medical encounterwill be honored. (3) A medical professionalmay request a chaperone be present for any medical encounter. If the student athlete declines to have a chaperone present after one is requested by the medical professional, the medical professional will explain the purpose of this policy to the student athlete. If the student athlete continues to decline a chaperone, the medical professional may refuse to proceed with the medical encounter.(4) A chaperone is required for all sensitive examinations.(5) Chaperones are mandatory for all medical encounters with a student athlete who lacks the capacity to give consent, is a minor, or is unable to protect himself or herself due to injury or illness.(6) When a sensitive examination is conducted at a UT sports medicine facility, the preferred chaperone is a member of the UT sports medicine staff.(7) Any of the parties present during a medical encounter have the ability to stop the medical encounter if they feel the medical professional's behavior is inappropriate or unacceptable. The individual who has stopped the medical encounter will immediately report this issue to the head team physician, the associate athletic director for sports medicine, or other appropriate university personnel.(8) A hotel room should not serve as the primary location for medical encounters while ateam is traveling, unless no other area of the hotel is suitable. If a medical encounter must occur in a hotel room or other private area, a chaperone of the same sex as the student athlete must be present for the duration of the encounter.(9) All requests for a chaperone must be documented in the student-athlete's medical record.(10) If a chaperone is present during a medical encounter, the name of the chaperone and their title or role will be documented by the medical professional in the student athlete's medical record.(F) Procedures (1) Emergency care should never be impeded by this policy.(2) It is the responsibility of the medical professionalto ensure accurate documentation is provided in the student athlete's medical record, which will also include the use or refusal of a chaperone as indicated above.(3) Medical professionalscontracted to UT sports medicine who engage in medical encounters with student athletes will be advised of this policy by the associate athletic director for sports medicine and adhere to the guidelines.Ohio Admin. Code 3364-35-18
Effective: 11/16/2018
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364