Medical/Legal Question

[Sunrunner]

If there is a student in your academy who has a an illness that can be transferrable via blood contact (ie: HIV or other like disease), would other students have to be notified of the potential risk? Where is the line drawn between confidentiality for the one, and safety for the others? I trust that most instructors would consult said individual with the illness before ever saying anything, but would anything need to be said to the rest of the academy? Is there any law or regulation concerning this topic?

[Kanzashi]

In Canada, there isn't any legislation that would allow you to ask about this. Only recently have emergency workers been told about possible contamination, before you couldn't say anything.

 

I would hope that if anybody had such a condition, they would tell the Sensei at the least, but this is still very much voluntary in Canada. All you can do is protect yourself as best you can.

 

Do they make latex gloves for sparring gear?

[equaninimus]

I think you would violate patient privacy statutes by requiring notitifcation.

[turonaga]

really thankful about this discussion we totally take this subject for granted

[White Warlock]

Most MA contracts i have been witness to require that you indicate any medical condition that could pose a threat to you or others during practice, and goes along with indicating that there is a danger of transmission of bodily fluids. This protects the school from liability and puts the blame on the signer for failure to disclose. Granted, it's not much of a consolation prize for the victim...

 

For high school, college, Golden Gloves boxing, Olympics, and professional competition in the U.S., you are required to undergo an HIV test, although the results are private and, in most cases, the doctor is only allowed to indicate that you did not pass your physical and therefore unable to compete.

 

I am not aware of any exceptions to this.

[ramymensa]

If there was any individual with such a problem, I'd really like to know it. The risk is too big. I don't mean to expell the person, but some precautions should be taken. From the other side ... many people tend to freak out when put face to face with a "special case", that they single out the person and keep away, making him feel unwanted and increasing the suffering.

 

I've never been in such situation and it's hard to make a decision that wouldn't harm any feelings and still keep you safe.

[Sasori_Te]

White Warlock is correct. I've worded my Waiver in such a way that any medical conditions that can cause harm to the signee or another student has to be discllosed up front. A doctor's release must also accompany this waiver for these students. I've had 2 people that need to have a doctor's release and I've not had any problems about them getting it. I don't personally think that a responsible person with a communicable disease should bring themselves into an environment where they have a chance to pass their disease on to others. Let's face it. Sometimes, maybe not often, you bleed, sweat, spit or drool and vomit in the martial arts. This is what I believe. I'm sure that there arer unethical people out there who would lie and say that they didn't know that they had any sort of disease. I don't know what you would do about this situation. If you required all of your students to get a physical in advance, I'm not sure how many students you would have.

[Sunrunner]

Thanks everyone, for all the input. I do think that it is an oft-unlooked at issue except when it sticks itself out like it did in an article that promted my questioning. I would like to think that disclosure beforehand would be the best defense against future incidents. For those of you with schools or are the person that admits new students into classes, what would you do if you had a potential student who disclosed to you that they were HIV positive? Has anyone ever run into this situation before?

[Sasori_Te]

Nope never had that one before. I would hope, as I said before, that the person would be responsible enough to realize that contact sports are probably not a safe option. Other than that, I believe that I would have to exercise my right to teach who I want. That is also in my waiver form. I have to do what I feel is best for all of my students, not just one of them. I'm not saying this to sound mean but there is a very real chance that a person with HIV or Hepatitis could pass it along to another student or to me. why would I want to take that risk?

[Sasori_Te]

I also want to say that it depends on the style. A person with hepatitis or HIV might or might not get on very well with something like a non combat Tai Chi class. Even there there is still a risk at higher levels when you do exercises like sticking hands. It's a tough call.