HomeMy WebLinkAboutBMH Inc. Orthopedic Institute Athletic Training Agreement 08-01-2018Athletic Training Ag,~r~cc~-"=n-=-t____ _ _mc"""'___ ___
This Agreement is made uod entered i11lo August I, 2018 (Effective Date) by and between BMH,
Tile. d/h/a Orthopedic Institute ("01") and Bonneville Joint School District No. 93 ("School"}. OJ
un<l School may he referred to herein individually a~ a "Pa1·ty" and oollecti vely as the "Parties."
Recitals
I . It is acknowledged by the partie:; that School current Iy operates three (3} High Schools,
namely, Bonneville High. Scb.ool, Hillcn:st High School, and Thunder Ridge High School,
which ofl~t <1lhletic activities.
2. It is acknowledged that the service~ provided hy 01 will aprly to each High School equally
and that any reference to 11 school herein applies to each High School.
J. It is acknowledged that for 1)urposcs ofthis agreement "Sh1dent Athlete" is defined as any
student enrolled in a. District 93 school and who is participating in a sport or activity
governed or sanctioned by the ld;iho High School Athletic Association or in a sport or
activity provided by tb.e School, including but not limited to, cheerleading, marching b<1nd,
dance learn or other similar activities.
Agreement
J.'iO\V, Tll!!:RBli'ORE, in consider-ation oflhc foregoing recitals, the terms, conditions and other
provisions contained herein, and for good and valuable consideration, the receipt and sufficiency
ofwhich is acknowledged, the Prutieis agree us follow~:
l. OT agree~ to provide nmh1ally agreed upon natiom11ly ce1tified and Idaho licensed athletic
tmi.m:rs to the School as set out under the terms of this agreement. Exhibit A defmcs the
mission nnd scope of ~ervice of the athletic trainers licensed in the State of Idaho along
with dcfiuitions assocla~l with athlc::tic trainers. The Athletic trainers provided will
undertake the following services:
a. fojury a~sessments that arc timely to insure appropriate treatment for student
athletes. The asse~smenls viii! take place during on-site school visits. 01 also offers
regularly scheduled injury as~t:.%me11ls, h,v 11ppoinlment, at one ofthe area clinics
""ith a certified athletic trainer. Mvnday -Friday from 9:00 AM to 12:00 PM. This
service is available to all athletes free of churge. OI will provide a list of the
participating clinics for distribution to the student athletes.
h. Scbool-ha~ed injury treatment and rehabilitation to the student athlete allowing for
maximum conv~nience with regard to the student's class and pracfrcc schedules on
the trainer's regul;if scheduled days al \he school. 11ic trainer 'Nill also assist in the
application ofsuppo1t taping, bn1ci ng, and prolecti ve equipment, ifsupplied hy the
School.
c. Consultation with student athletes and parents regarding questions of personal
health, nutrition, and fitness when ncecssa1y.
---------~LWork wilh School to develop and enact an emergency aclim1 plan (EAP) lo insure___________ .
timely arnl coordinated response to a serious injt1ry during a conlesl or practice.
School shall provide trainer with basic taping and first uid supplies. OT will meet
with School oft.iciah, prior to August 1 each year to establish the supplies to be
provided by School.
e. Tri the event there is an unexpected <1bsence or illness on the part ofa Trainer, Ol
will make arrangements for substitute coverage, ifpo~sihle.
f. ·with regard lo concussion management of the student athlete, or will provide
School a free license fi-om Impact (ncurocognitivc software company) to perform
ncurocognitivc computerized testing a11d assist School in following all state and
11alional guidelines to allow forthe stll(lent athlete's safe return lo the activity/sport
participated i11 hy the student athlete.
2. 01 agrees to provide athletic training :>ervices In each school an average of20 hours per
week per school during the normal sd10(1l year. D\11ing any off season, defined as those
times dtning the school year when no athletic activities are scheduled, 01 will provide a
level of service thut sutisfie.~ the School's athletic training needs, not fl) exceed 20 ho11r.s
per week per school. 01 will not provide services during summer (non-school year)
activities, unless otherwise r1:1qu~ted by School and agreed to by01. Any services provided
for summer camps will be under a separate agreement with 01.
3. Toummnents, uway games orother athletic events may be covered as mutt1<11ly <igretll.l upon
by 01 and School. School will be responsible for travel, lodging, 1:,•ame entrnnce, etc., for
the trainer providing these additional services.
4. Each certi ficd athletic trainer will notify the athletic director and/or coaching staff ifhe/she
is w:iable lo he available at the weekly visit(s) at the <issigned school or provide game
coverage due to an illness or other emergency. The uthletic director and/or coaches are
responsible for notifying the certified athletic trainer if a scheduling change occw·s for i1
game. When possible, the notili<Allion should he at least two days after the School learns
of the scheduling change. If the change is caused by weather or another unforeseen
cifc~nnslancc, same day notifie.'ltion by the School fa .~tt!'licienl.
5. The;: athletic trainer will not transport ioju.red athlete.~ to and from any emergency room or
hospital.
6. School will allow 0[ to hang banners, contact information, advertisement opportw1ities,
and provide Public Address Announcements pertaining to 01 for the Athletic Training
Services provided to the School imd the st11dent athletes at no charge to 01. All such items
and announcements shall meet any and ult content requirements and/or other restrictions
normally applicable to all such items purchased by third parties.
7. TI1c term ofthis Agreement ("Tenn") shall be for tlu-ec (3) yeurs and conunence on August
I, 2018 ("Commencement Date") <md lenninatc on July 3 l, 2021 ("Termination Date"),
unless tcnninatcd sooner pursum1t to the lem1s and provisions of this Agreement. 111c
Agret!ment shall automatically renew thereafter for succe~sive lem1s of 011e (I) year
(''R•'nc1i1!aLTcr:m..{;sf'.!.}rtJnlcss.a.Eai;cy_gi.\.:es..t.bc..othe~ll¥JN.cittc:JU1oticc.of.noiw:cnc.watat---·-·-··-
least 1tinety (90) days prior to the expiration of the Initial 3 (three) year Te11n or any
sub~e11uent Renewal Term of lhc Agreement. Except as otherwise provided herein, thi~
Agree1mmt may b<:: termin<tted upon Lhe occurrence of anyone (If the following:
a. Upon mutual written agreement of the Parties.
h. In the event of a material breach of this Agreement by any Party, the other Party
shall have lhe right to tcmiinatc this Agreement hy service of\'Vlitten notice ofthe
breach upon the defaulting Party (lhe "Default Notice"). The defaulting party shall
have thirty (30) days to cure thi: default to th<:: r<::asonable satisfaction of the non
dcfaulting party. Failure to cure within such time period automatically terminates
this agreement. .
c. Immediat.ely, by either Party should lhe other Party (i) show gross or willfol
misconduct in conn<::ction with the perfonnance of its duties imd responsibilities
under this Agreement; (ii) willfully foil to comply with requirements ofapplicable
federal, state or local law, rule or regulation, provided that such failure to comply
has a material adverse effect on the tcnninating Party; or (iii) breach of any
representation or warranty made in this Agreement.
8. 01 has exclusivity and fu-st right of refusal to sideline and game coverage at any home
athletic event ofthe schools covered bythis agreement, as well as away events orany other
event~ we are present for witl1 the intent of providing sports medicine coverage. In the
event that OT doe~ not provide a lrnincr or medical cnvorago at any home event, School is
free to make whatever iu:n1ngem1:mt8 School deems nece.~sary under the drcurnstances.
9. 01 will provide coaches the oppo1tunityto receive FirstAid/CPR traiuing along with other
coac11ing education on i~jury prevention and care for their student athletes on an annual
ba~i~. 01 agree.<; lo provide a schedule for such training no later than Augusl Isl or each
yeHr.
10. 01 will provide student athletes the opportunity to receive 11 Pre-participation physical
examination/Sports physical to all participating student athletes (9'h -12th grades) at no
co~t to the student athlete or the school district at least once annually. Any further physician
or<ler~d testing or o !lice visits would he a charged service. TI1cse physical examinations
will be offered at a preschedule(l time only, OT will provide to School m1 anticipated
schedule of when the exams will b<:: 1>roviderJ for each spoit prior to the bcgiun.ing of
practice for each sport. School will provide to OJ on or before August l ofeach year a
~chedule or lhe beginning dates of practice for each sport and a schedule for each home
event.
I l. Ol shall purchase and mu.int!lin, at no cost to School, gen<::rnl and professional liability
insurance, including products aud contractual lillbility covernge appropriate for their
ra~peotivc business activities, Ol's insurance shall cover all of its own personnel. Ol's
policy has named Bonneville Joint School District 93 as an additional named insured on
the policy (policy attm.:hed). OT shall provide evidence of such coverage upon request and
shall provide writti:n notice of any o;hange of coverage within thi11y (30) days of the
By:_..,..!:C../
------eeft~cfu:e~atc..oisucluhange.iu.st<itus-'1¥.rJi:8istcrcd.:inail..D.l.),lljJLJll'.o:iilil.e..inuru:diate.illltuic...,:e,____
to School ofcancellation ofany covenige.
12. Each Piuty ll!,F"Cee~ lo he solely responsible for its own acts or omissions arising out-ofthe
performance ofthis Agreement. Each Party shall indemnity, defon<l and hold liannlcss the
other Party from and against any and all liability, loss, claim, lawsuit, injury, <Al~t, damage
or expense whatsoever (including reasonable attorneys' fees and court costs at all levels of
trial and appeal), arising (a) from or incident to a negligent or intentional act or omission
by the indemnitying Party or any ofits employees, agents, contractors or subcontractors,
or (b) from a breach or default, in the pc1formance or non-perfonm1nce of any duty or
responsibility under this Agreement, hy such indemnifying Pa1ty or any ofits ernploye($,
tigents, contractors or subcontractors.
IN WlTNESS WHF.RF.OF, the parties hereto have executed this Agreemenl effective as of
the Effective Date.
d1b/a Orthopedic Institute Bonneville Joint School District No. 93
By:~~
P · edNamc: _:)it.KC £?6<,Y'.. Printed Nrune:-811.._. :::fi~lc,1111t;
Date: ~c-:;;/q .. Date: /<ttf. Mi!~* 2.1>//:J
------li:dubitA------
noARD ofATHLETIC TRAINERS
!\fusion StMtcmcnt
To promote the public beulth, safety, and welfure and lo promote the highest dei,'Tee llfpmfe.~sional
cond11ct on lhc part of athletic trainers. The licemure ~if pe.-wrL~ offering athletic trainer S<ll""Vi~
to the public help.~ to assure the av-.rilahility ofathletic trniner serviCtiS of high quality to per.;ons
in need ofsuch services.
The Board of Athletic Truiner~ is an advisory bo<ly t(J lhe State Board of Medicine. The Bllard of
Athletic Trainers is responsible to administer, coordinate, and enforce Idaho law concerning
athletic tmi.ne.rs. They evaluate the qualifications and fitness (Jf applicants, and approve the
applications for licen~ure. They may issue subpoenas, examine witnes~es, and administer oaths,
Hnd mayinvestigate pnu:.tice~ which arc alleged to viol ale the provisions ofthe athletic trainer law.
The Bllard ofAthletic Trainers t>valuatcs all applicunts for qualification and fitness for licensure,
and makes rt:e<nnmcndations to the Ruan:! ofMedicine conetlming tl1e i!IS11ancc and revocation of
licenses. They also recommend rules to beimimulgittcd concerning athlelic Iraining.
''Athletic trainer" means a person who has mtll the qualifications for licensuce and is licensed under
t.hi~ chapter, and carri~ oul the practice of uth)tltic training under the direction of a designated
lduho licensed physiciun, regi~lered with the bo11rd or a designated Idaho licensed chiropracti<.:
physician. The practice of "Athletic training" memu; tht1 applicalion hy a licensed athletic trniner
ofprincipks and methods of: .
1. Prevention ofathletic injuries;
2. Recognition, evulw.tlion and assessment \>fathletic injuries and conditions;
3. Tmmcdiatc Clll"e ofnthlt:lic i°'iurics including ~immon emergency medical situations;
4. Rt>habilitation aud reconditioning of athletic injuries;
5. Athletic training services ud!llinislration and organization; and
6. Education of athletes.
Athletic Trainers are regulated in Idaho ml<I are re(1uircd to be licensed,
'.f.l-T.T.£54-----------
PROFESSIONS, VOCATIONS, AND RUSTNRSSE8
CHAPT.ER.39
ATHLETfC TRAINERS
54-3902. Definitions. As used in this chapter:
(1) "Athlete" means a pen;on who participates in exercises, sports, or games requiring physical
strength, agility, flexibility, range or motion, .speed or stamina and which exercises, spo11s or
gmnes are of the type generally conducted ill association with an educational institution or
professional, atnateur or recreational sports club or organization.
(2) "Athletic injury" means a physical injury, harm, hurt or common condition (such as heat
disordeN:), incun·cd by an athlete, preventing or limiting participation in athletic activity, sports or
recreation, which athletic trainers are educatl:!d to evaluate and treat or refer to the directing
physician.
(3) "Athletic trninei:" means a person who has met the qualifications for licensure as set forth in
this chapter, is licensed under this chapter, and carries out the practice of athletic training under
the direction of a designated Idaho licensed physician, registered with the board or a designated
Idaho lici:nsed chiropractic physician.
(4) "Athletic training" means the application by a licensed athlelic tTainer of principles and
methods of:
(a) Prevention ofathletic injuries;
ATHLETIC TRJ\ININU AGREEMENT-4
(b) Recognition, evaluation and assessmi:nt ofathli:tic injuries and conditions;
(c) Immediate care of athletic injuries including common emergency medical situations;
(d) Rehabilitation and reconditioning ofathletic ittjurics;
(e) Athletic lTaining services arlministration a(l(l oTganization; and
(f) Education ofathletes.
(5) "Board" means the ldaho stat!:! board ofmedicine.
(6) "Board ofathletic trainers" means the Idaho board ofathletic trainers established in !his chapter.
(7) "Directing physichu1" means a designated person duly licensed to prn1,,1.ice medicine in Idaho,
registered with the board or a de8ignated Idaho licensed chiropractic physician, who is responsible
ti.JT the athletic training services providtxl by the athletic trainer and oversees the practice ofathletic
training or the at11lctic trainer, as established by hoard rule. This chapter docs not authorize the
prnctice ofmedicine or any ofits branches by a person not so lic:enSC\l by the hoard.
-----(;r}-Thi~n-v.~mvided~y-voroal-01'<1e1.'-Whf:llHR&-mr&*iflg-ph~&ian-is pro5oot-aud-by
writttm order or by athletic training SL'rvioo plans or protocols, us eslabli~hed byboard rule, wh<:i1
the dirt:eling physician is oot presenl
(b) Upon re::forral from a physician Jicen:;etl in another state and in good stimdfa.g, the practice of
athletic training or physical rehabilitation und/or reconditioning shalt be carried out under the
w1itlcn orders of the reforring physician and in collaboration with the directing physician.
54-3903. Scope of practice. The scope ofpractice of athletic trainers under lhe direction of the
designuted Idaho licensed physician, registered with the board, or a de~ignated ldull(l licensed
chiropractil' physician, includes:
(1) Prevention ofathletic injuries hy dc.<:igning and implementing physical conditioning programs,
pertimning prcparticipation screening:;, ficting protective equipment, designing and 1:1mstructing
protective products and continuously monitoring dlllngcs in the cnvirnnmcnt.
(2) Recognition and evaluation ofathletic injuries by obtaioing a hiscory of lhc injury, individual
inspec.:lion of the injured body part and a~sociatcd structures and pulpatation ofbo11y landmarks
and wH tissue structures. Immediate care of athletic injuries may require initiation of
car<liopulm\)oary rc.o;uscitation, admini.stmtion ofba~ic or advanced first aid, removul of athletic
equipment, immobifo:ation and transportution of the injured athlete. Concurrent with athletic
training service plans or protocols, the athletic trniner will detennine if the athlete may retum to
participation or, if the it1jury requires further definitive e<1re, the athletic trainer will refer the
injured athlete to the appropriate directing physician.
(3) Reha.hililation and reconditioning ol' athletic injuries by administering thernpeutic exercise antl
pbysic:.ul modalities including cryotherapy, thennothcrapy, and intermittent compression or
mochanicul devices as directed by established, written athletic training service plans or protocols
or upon the order ofthe directing physicinn.
(4) Athletic training services udministralion includes in1plementing athh:tic tl'llining ~ervil:e ~1lans
or protocols, writing organizational p\1licie.q and procedures, complying with goverrunental an<l
institutional :.landards and maintaining ri::cords to document services rendered.
(5) Iiducation of athletes to facilitate physical comlitioning and reconditioning by designing and
implementing appropriate programs to minilllize the risk ofinjury.
(6) Tlie scope of practice excludes any independent practice of athletic tmining by an athletic
trniner. An athldc lli'ith an athletic iojury1wt incuiTcd in association with an cducatlonal institution,
profcssiom1l, amateur or rccrcational sports club or organizalion shall be referred by a directing
physician, but only after such directing, physician ha.~ first evaluated the aLhlete and referred such
athlete to the athletic trainer.