Regulatory Compliance & Legal Framework Flashcards
7 cards from real ACE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Regulatory Compliance & Legal Framework flashcards as text
Which of the four elements must a plaintiff prove to establish negligence against a personal trainer?
Answer: Duty, breach, causation, and damages
To prove negligence, a plaintiff must establish that the trainer owed a duty, breached that duty, the breach caused the injury, and actual damages resulted.
The Health Insurance Portability and Accountability Act (HIPAA) most directly affects personal trainers when they:
Answer: Receive or share a client's medical records or health information from providers
HIPAA governs protected health information, so trainers must handle medical records received from healthcare providers in compliance with privacy and security rules.
A fitness professional creates an emergency action plan (EAP). According to best practices, the EAP must be:
Answer: Reviewed annually and practiced through regular drills
An EAP must be regularly reviewed and rehearsed through drills so all staff can execute it effectively in a real emergency.
When is it legally and ethically permissible for a personal trainer to share a client's personal health information with a third party?
Answer: When the client provides written authorization
A trainer may only disclose a client's personal health information to third parties with the client's explicit written consent, except in emergencies.
Which term describes the legal defense where a plaintiff's own carelessness contributed to their injury?
Answer: Contributory or comparative negligence
Contributory or comparative negligence holds that when a plaintiff's own negligent conduct contributed to the harm, liability or damages may be reduced accordingly.
A personal trainer who employs another trainer can be held liable for that employee's negligent acts under the doctrine of:
Answer: Respondeat superior
Respondeat superior ('let the master answer') holds employers vicariously liable for negligent acts their employees commit within the scope of employment.
A client using a machine that is visibly broken and unmaintained suffers an injury. The facility could be held liable for:
Answer: Premises liability due to negligent maintenance
Premises liability holds facility owners responsible for maintaining equipment and spaces in a reasonably safe condition; failing to repair a known defect is negligent.