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Subject: Question for University Records Managers
From: Susan Carlson <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Wed, 15 Oct 2003 16:13:45 -0500
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Hi All!

I need some advice about student athlete records.  Those of you that have
training rooms and provide medical treatment to student athletes:

We have a sports medicine department that provides medical treatment to our
athletes.  We have a separate medical record for each student athlete that
is seen in the training room.  I view those records as a medical
record.  However, when visiting with legal counsel she was concerned that
perhaps those medical records should be included as part of their academic
record.  The concern, I think, is if FERPA (Family Educational Rights and
Privacy Act) applies.  Perhaps I am misunderstanding this but because they
are students first and foremost FERPA applies (student records are
confidential etc.) but the record is a medical record (HIPAA would apply)
not an academic record.  The question is this, medical records retention is
"until patient reaches age 19 OR date of last treatment plus 6
years."  Academic records are maintained permanently.  If the athlete who
was treated for a pulled hamstring has finished school and the retention
time has been met why would we want to say those medical records are part
of his/her academic record?  And keep them permanently?

Does anyone have any experience with a similar issue?  Did you treat the
athlete's medical record as a medical record or has part of their academic
record?

Thanks for any and all assistance!


Susan Carlson, CRM
Records Manager
Records & Information Management Program
UND School of Medicine and Health Sciences
PO Box 9037
Grand Forks, ND  58202
Phone (701) 777-6122
Email:  [log in to unmask]

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