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Old 08-18-2009, 12:53 AM   #1
martinelli
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Our ACE instructor didn't have the answer to this question, so here it goes. I have no clue as to the scope of practice of an ACE-certified PT. I have seen and worked with others who have this certification and/or certifications beyond the basic ACE and have worked with clients (including myself) online. This is not covered in the ACE manual, but I was wondering if the PT would still be covered under ACE if he administered in this way.

None of the PTs I've worked with online and who were acting as independent contractors required me to fill out any waiver of liability release or informed consent papers. Were they taking a risk in not covering themselves?

Also, I've been speaking with my fellow ACE colleagues who I finished the program with and we were confused as to how to administer to clients. The manual explicitly says that we can't prescribe a program to clients and can only make suggestions and instruct on exercise form. In other words, is the ACE certification limited in that we can't write up templates from scratch for our clients to perform?

Lastly, are there ways to circumvent the problem of not being able to give explicit nutritional guidelines aside from those that are in line with basic FDA guidelines (food pyramid, etc.)? The analogy that our ACE instructor gave us was that if someone were complaining of back aches, and he really wanted to help, he would take out a container of ibuprofen, place it on a table, and say, "If I were you, I would take some of these." However, for fear of a lawsuit, he would not directly tell the person to take it, which would be reflective of impersonating a doctor and unlawfully prescribing medication. Can this same mode of speaking be used regarding meal plans? Can I say, "If I were you and had the same goal as you, I would be eating this, this, and this"? Ridiculous question, and I feel that the answer to this question is going to be an obvious slap to the face. It would probably undermine the field of practice of registered dieticians. But it doesn't hurt to ask.

Thanks.
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Old 08-18-2009, 06:08 AM   #2
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Quote:
Originally Posted by martinelli View Post
None of the PTs I've worked with online and who were acting as independent contractors required me to fill out any waiver of liability release or informed consent papers. Were they taking a risk in not covering themselves?
Absolutely. If you don't sign a liability waiver and you get hurt for any reason while under their instruction, the personal trainer will most likely lose any lawsuit brought against him. To limit your liability you need a PARQ and a liability waiver signed. Liability insurance won't cover any claims if those precautions are not met.

Quote:
Originally Posted by martinelli View Post
The manual explicitly says that we can't prescribe a program to clients and can only make suggestions and instruct on exercise form. In other words, is the ACE certification limited in that we can't write up templates from scratch for our clients to perform?
ACE is telling you that you cannot design your own programs? If so, then ACE is useless. Get another cert!

Quote:
Originally Posted by martinelli View Post
Lastly, are there ways to circumvent the problem of not being able to give explicit nutritional guidelines aside from those that are in line with basic FDA guidelines (food pyramid, etc.)?
You can legal give more advice than that. The following is a list of what advice you can give without practicing dietetics.
  1. How many calories they should eat in a day
  2. What percent of those calories should be fat, carb, and protein (a.k.a. macronutrient ratios)
  3. How many meals to eat a day
  4. Suggestions for meal timing
  5. How much water to drink
  6. General supplement advice (i.e. suggest they take a multi-vitamin)
  7. You can provide them with nutritional information on food
  8. You can direct them to generally accepted eating practices like the food pyramid

Quote:
Originally Posted by martinelli View Post
Can I say, "If I were you and had the same goal as you, I would be eating this, this, and this"?
I would stay away from that entirely. Tell your clients you can't tell them want to specifically eat and direct them towards books and magazine article you recommend they look at. There are many books and articles written by dietitians and nutritionists that give ideas for meal plans. For example:
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