Personal Training Laws
These days, it`s pretty typical for a personal trainer to let their clients know they have their “personal training certification” without giving any additional details. For the avoidance of doubt, personal training certification is not a legal requirement. A certification is simply a certificate from a private, usually for-profit company that a person has met all the requirements that a private company considers important before applying or marketing as a personal trainer. In general, many personal trainers do not require their clients to fill out a medical history form. Every personal trainer should protect themselves from the responsibility of clients who already have injuries and try to blame their personal trainer, or clients who use exercise tips and don`t follow them properly. Personal trainers who fulfill their annual reporting obligations are rock stars! When you formed an LLC or other entity that limits personal liability or uses double taxation, you have agreed to assume your organization`s state and federal reporting obligations. Annual reports are generally required for LLCs, limited partnerships and not-for-profit organizations. The Affordable Care Act requires that workplace wellness programs and other preventative incentives be covered when conducted by recognized professionals. Some fitness industry experts believe this could lead to increased pressure to have the personal trainer`s time covered by insurance companies, in the same way that physiotherapy is currently covered.
Additional regulation at the federal and/or state level would be imperative to establish minimum standards for what it means to be a “personal trainer.” Without standards set by the legislator, barriers to the personal trainer profession would remain too low and insurance fraud would have to be endemic. Although each state has its own laws and regulations, and in recent years, many states have considered personal trainer licensing laws, to date, there are no regulations or requirements to become a personal trainer. Therefore, to avoid a higher risk of possible liability, I propose 4 fundamental but important things that fitness professionals can do to protect themselves in personal training law matters: In addition, the personal trainer should remember that laws vary from state to state, and in some states, for example, New York, there are laws prohibiting the use of compensation. Contracts are the lifeblood of any personal trainer. However, many avoid this aspect of the business because they don`t want to assert themselves unfairly or can`t afford a lawyer to draft a contract. And while it`s okay to encounter these issues, you shouldn`t expose your business to legal risks. In addition to state laws, make sure you also operate in your field of business in accordance with your certification body`s code of ethics. You can learn about your annual requirements and a set of standards of practice on their website. In summary, here`s a checklist you can use to make sure your personal training business is legal sound: If you work for yourself, liability insurance is a must. It protects you against possible financial losses if a claim is made against you. There are two types of liability insurance that personal trainers should have: To date, an accredited personal training certification – such as the NASM Certified Personal Trainer certification – has become the industry standard.
Without them, you simply can`t be hired as a personal trainer at a reputable gym. So if you`re interested in a career in physical training, but don`t know where to start, a program`s accreditation status should be the first checkbox. With these four simple checkpoints, you can ensure that your personal training business is healthy and ready to rock. As mentioned in the introduction to this article, there are currently no state or federal legal requirements that we are aware of regarding certification standards for personal trainers or group fitness trainers. This is very surprising, as some of the most regulated states (hello California!) traditionally require professional licenses for everything from fortune tellers to stylists. These legislative efforts appear to be driven by two main forces: lobbyists and the Affordable Care Act, the latter of which may be less problematic under the new Trump administration. A consortium of sports medicine organizations has joined forces to form the Coalition for Registration of Exercise Professionals (“CREP”), whose mission is “to ensure the recognition of registered exercise professionals for their diverse roles in medicine, health, fitness and sport performance.” The CREP maintains an online registration for practice professionals. CREP has in the past campaigned for endorsement of personal trainers who use consumer protection as a springboard. It`s also important to note that most states have laws regarding nutrition and who can and can`t provide nutritional advice and meal plans.
This is an area where states seem to regulate quite clearly. To check out what your condition says on the subject, visit the Center for Nutrition Advocacy, it`s a great resource for all fitness entrepreneurs hoping to make a living as a trainer or trainer. Despite the current lack of state or federal laws governing who is a personal trainer and who is not, club fitness facilities and gyms usually have their own specific hiring requirements for new personal trainers.