This Legal Toolkit is organized into the following three chapters:

 

Chapter 1: U.S. Law – This chapter provides an overview of the legal system in the United States by describing (a) the functions of the three branches of government, (b) the differences between civil law and criminal law, (c) trial court and appellate court proceedings, (d) tort law, e.g., the four essential elements needed to prove negligence, and (e) contract law, e.g., the four elements of a valid contract. 

          The Chapter 1 Appendix describes federal laws such as the Health Insurance Portability and Accountability Act (HIPPA), Federal Trade Commission Act (FTCA), Americans with Disabilities Act (ADA), and the Civil Rights Act of 1964. Similar state laws are also briefly described. These laws address various requirements of HW coaches and managers related to data privacy/security, unfair and deceptive practices (e.g., advertising, social media posts), and discrimination. The U.S. Copyright Act also is described, e.g., Section 107 regarding fair use.  This knowledge base of U.S. Law is needed to understand and apply the information in Chapters 2 and 3. 

 

Chapter 2: Legal Liability Risks – This chapter begins with description of the types of credentialing (accreditation, certification and licensure) that exist in the HW coaching profession. Topics related to legal liability risks facing HW coaches include (a) legal and professional scope of practice, (b) standards of care and standards of practice, (c) proper referrals, and (d) defenses to negligence. Topics related to legal liability risks facing managers and employers of HW coaches include vicarious liability (e.g., a legal doctrine called respondeat superior) and (b) direct liability (e.g., failure to properly hire train and supervise HW coaches). Additional topics covered are (a) legal liability risks (e.g., large financial penalties) related to noncompliance with federal and state laws, (b) the connection between the lack of practical skills and legal liability, (c) legal liability risks facing independent contractors and employers who hire independent contractors, and (d) legal liability risks of entrepreneurs. 

 

Chapter 3: Risk Management – This chapter begins with a (a) definition of risk management (RM), (b) description of the four steps necessary to establish a comprehensive RM plan for a HW coaching program, (c) description on how to develop a Risk Management Policies and Procedures Manual (RMPPM), and (d) description of the following eight RM strategies to be included in the RMPPM: 
         RM Strategy #1:  Knowledge of and compliance with federal and state laws
         RM Strategy #2:  Hiring, training, and supervision of HW coaches
         RM Strategy #3:  Documents (e.g., contracts, coaching sessions)
         RM Strategy #4:  Insurance (e.g., general and professional liability, cybersecurity)
         RM Strategy #5:  Marketing and advertising (e.g., complying with the FTCA and state consumer protection laws)
         RM Strategy #6:  Scope of practice (e.g., scope of practice training, dual roles, practicing across state lines)
         RM Strategy #7:  Reimbursement – billing a client’s insurance (e.g., National Provider Identifier, complying with HIPAA)
         RM Strategy #8:  Social media platforms (e.g., complying with FTCA regarding consumer and expert endorsements) 

 

Legal Toolkit Special Features

 

The special features throughout this Legal Toolkit are designed to enrich the learning experiences and outcomes of the reader. These include:

 

Key Points: Several key points are provided in each chapter, Their purpose is to highlight and emphasize important legal and risk management principles and concepts. 

 

Legal Cases: Several legal cases  are described in this textbook. These cases reflect “real” situations that can occur in any HW coaching program. The issues addressed in these cases involved (a) scope of practice, (b) data privacy/security, (c) sexual harassment, and (d) sex discrimination. 

Tables, Figures, Exhibits, and Photos: There are over 35 tables, figures, exhibits, and photos included throughout the textbook. They provide additional, relevant information and illustrations of contextual content. 

 

References: A list of references is provided at the end of each chapter. There are over 130 references in this textbook. Readers who want more information can easily locate these sources using the information provided in the reference, e.g., reference #43 (Chapter 1 Appendix) provides the link to each state’s public accommodation laws.  

 

Additional Features: The following features are provided in the back of the Legal Toolkit --  List of Abbreviations, Glossary, and Index – to provide quick access to content provided in the Legal Toolkit.