Health Histories
September 4, 2012
Eighteen months ago we completed two new preparticipation physical examination forms: (1) a two-sided card delivered without charge to schools in whatever quantity they need; and (2) a four-page form that is downloadable at MHSAA.com.
Both are improved from the previous card in that they ask more about family and student health history which, more than any cursory exam, helps identify potential health risks before participation. Both were developed with the cooperation and consensus of a diverse panel of medical experts assembled by the Michigan Department of Community Health.
At schools’ requests, the MHSAA has distributed more copies of the two-sided card than there are students enrolled in MHSAA member schools; so we know the form has widespread use. But still, this particular form is not required, which allows schools with a special local resource to utilize something they like better, and this also allows families with special needs to use the documents that best meet their child’s circumstances.
The take-away on this topic is that today’s standard of care is a comprehensive physical with detailed family history prior to first participation in school sports and, thereafter, more cursory annual exams, except when the student has had an injury or illness that requires more review.
Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.