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Subject: Re: Question for University Records Managers
From: "Richard G. King Jr." <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Thu, 16 Oct 2003 09:17:49 -0700
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Susan,
Things might even be more complicated than that.  I believe ADA requires
separation and separate filing of any medical records from other types
of records.  Also the NCAA may have regulations about these records.  In
addition if you follow the "last treatment" + 6 years you will either
have to file by treatment date or somehow flag each file for a disposal
date.  And finally I thought that the legal doctrine of discovered harm
might indicate a longer retention period.  That is, for a minor such as
you are holding records for, an injury might not reveal itself fully
until some future date and only at that time does any statute of
limitations clock start.  That is, a student might develop say traumatic
arthritis from a football injury that occurred years prior and claim
inadequate treatment at the time of injury.  I'm probably pushing the
envelope here, but it seems to me to be a risk analysis question as much
as anything.
As to filing, I guess one could file all patient treatment records by
academic year treated and then pull back records of students that are
treated the next year.  Those who never receive further treatment would
then be in a single place for disposal at the end of the agreed upon
 retention period.  I'll be curious as to how this sorts out.
By the by, just because someone in the registrars office has determined
to keep "academic records" permanently does not mean that that has to be
so.  I know of no law(s) at least in my state that mandates this.
 Obviously the transcript, which is the OFFICIAL record must be kept
permanently but the rest seems to based on a misunderstanding.  That is,
the registrars professional group has produced guidelines that indicate
several student records should be maintained in perpetuity but offers no
state or federal citations that would require this.  I have yet to find
such mandates.  However, these guidelines are accepted without question
as mandates.  Because students have defined opportunities to rectify
their official record as they move through the programmatic steps of the
degree programs (and often these are short, one semester windows) and
this is all contained in the official record I don't see why these
records are necessary.  I'm not an attorney and these are just my
private observations.  Dick King, University of Arizona

Susan Carlson wrote:

> 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?

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