Code of Conduct

National Code of Conduct for Health Care Workers (Queensland)

Explanatory notes: The National Code of Conduct for Health Care Workers (Queensland) is an initiative of the COAG Health Council, of which the Queensland Minister for Health and Minister for Ambulance Services is a member. The National Code of Conduct for Health Care Workers (Queensland) is effective from 1 October 2015 and is a prescribed conduct document as referred to in section 5 of the Health Ombudsman Regulation 2014. Definitions In this code of conduct: o health care worker means a natural person who provides a health service (whether or not the person is registered under the Health Practitioner Regulation National Law). o health service has the same meaning as in Section 7 of the Health Ombudsman Act 2013. Application of code of conduct This code of conduct applies to the provision of health services by: a) health care workers who are not required to be registered under the Health Practitioner Regulation National Law (including de-registered health practitioners), and b) health care workers who are registered health practitioners under the Health Practitioner Regulation National Law and who provide health services that are unrelated to their registration. 1. Health care workers to provide services in a safe and ethical manner 1) A health care worker must provide health services in a safe and ethical manner. 2) Without limiting subclause 1, health care workers must comply with the following: a. A health care worker must maintain the necessary competence in his or her field of practice b. A health care worker must not provide health care of a type that is outside his or her experience or training, or provide services that he or she is not qualified to provide c. A health care worker must only prescribe or recommend treatments or appliances that serve the needs of clients d. A health care worker must recognise the limitations of the treatment he or she can provide and refer clients to other competent health service providers in appropriate circumstances e. A health care worker must recommend to clients that additional opinions and services be sought, where appropriate f. A health care worker must assist a client to find other appropriate health care services, if required and practicable g. A health care worker must encourage clients to inform their treating medical practitioner (if any) of the treatments or care being provided h. A health care worker must have a sound understanding of any possible adverse interactions between the therapies and treatments being provided or prescribed and any other medications or treatments, whether prescribed or not, that he or she is, or should be, aware that a client is taking or receiving, and advise the client of these interactions. i. A health care worker must provide health services in a manner that is culturally sensitive to the needs of his or her clients. 2. Health care workers to obtain consent Prior to commencing a treatment or service, a health care worker must ensure that consent appropriate to that treatment or service has been obtained and complies with the laws of the jurisdiction. (continued…) HEALTH COUNCIL (continued…) 3. Appropriate conduct in relation to treatment advice 1) A health care worker must accept the right of his or her clients to make informed choices in relation to their health care. 2) A health care worker must not attempt to dissuade a client from seeking or continuing medical treatment. 3) A health care worker must communicate and co-operate with colleagues and other health service providers and agencies in the best interests of their clients. 4. Health care workers to report concerns about the conduct of other health care workers A health care worker who, in the course of providing treatment or care, forms the reasonable belief that another health care worker has placed or is placing clients at serious risk of harm must refer the matter to the Health Ombudsman. 5. Health care workers to take appropriate action in response to adverse events 1) A health care worker must take appropriate and timely measures to minimise harm to clients when an adverse event occurs in the course of providing treatment or care. 2) Without limiting subclause (1), a health care worker must: a. ensure that appropriate first aid is available to deal with any adverse event b. obtain appropriate emergency assistance in the event of any serious adverse event c. promptly disclose the adverse event to the client and take appropriate remedial steps to reduce the risk of recurrence d. report the adverse event to the relevant authority, where appropriate. 6. Health care workers to adopt standard precautions for infection control 1) A health care worker must adopt standard precautions for the control of infection in the course of providing treatment or care. 2) Without limiting subclause (1), a health care worker who carries out skin penetration or other invasive procedure must comply with the Public Health Act 2005 (Qld) under which such procedures are regulated. 7. Health care workers diagnosed with infectious medical conditions 1) A health care worker who has been diagnosed with a medical condition that can be passed on to clients must ensure that he or she practises in a manner that does not put clients at risk. 2) Without limiting subclause (1), a health care worker who has been diagnosed with a medical condition that can be passed on to clients must take and follow advice from a suitably qualified registered health practitioner on the necessary steps to be taken to modify his or her practice to avoid the possibility of transmitting that condition to clients. 8. Health care workers not to make claims to cure certain serious illnesses 1) A health care worker must not claim or represent that he or she is qualified, able or willing to cure cancer or other terminal illnesses. 2) A health care worker who claims to be able to treat or alleviate the symptoms of cancer or other terminal illnesses must be able to substantiate such claims. 9. Health care workers not to misinform their clients 1) A health care worker must not engage in any form of misinformation or misrepresentation in relation to the products or services he or she provides or the qualifications, training or professional affiliations he or she holds. 2) Without limiting subclause (1): a. a health care worker must not use his or her possession of a particular qualification to mislead or deceive clients or the public as to his or her competence in a field of practice or ability to provide treatment b. a health care worker must provide truthful information as to his or her qualifications, training or professional affiliations c. a health care worker must not make claims either directly to clients or in advertising or promotional materials about the efficacy of treatment or services he or she provides if those claims cannot be substantiated. (continued…) HEALTH COUNCIL (continued…) 10. Health care workers not to practise under the influence of alcohol or unlawful substances 1) A health care worker must not provide treatment or care to clients while under the influence of alcohol or unlawful substances. 2) A health care worker who is taking prescribed medication must obtain advice from the prescribing health practitioner or dispensing pharmacist on the impact of the medication on his or her ability to practise and must refrain from treating or caring for clients in circumstances where his or her capacity is or may be impaired. 11. Health care workers with certain mental or physical impairment 1) A health care worker must not provide treatment or care to clients while suffering from a physical or mental impairment, disability, condition or disorder (including an addiction to alcohol or a drug, whether or not prescribed) that places or is likely to place clients at risk of harm. 2) Without limiting subclause (1), if a health care worker has a mental or physical impairment that could place clients at risk, the health care worker must seek advice from a suitably qualified health practitioner to determine whether, and in what ways, he or she should modify his or her practice, including stopping practice if necessary. 12. Health care workers not to financially exploit clients 1) A health care worker must not financially exploit their clients. 2) Without limiting subclause (1): a. a health care worker must only provide services or treatments to clients that are designed to maintain or improve clients’ health or wellbeing b. a health care worker must not accept or offer financial inducements or gifts as a part of client referral arrangements with other health care workers c. a health care worker must not ask clients to give, lend or bequeath money or gifts that will benefit the health care worker directly or indirectly. 13. Health care workers not to engage in sexual misconduct 1) A health care worker must not engage in behaviour of a sexual or close personal nature with a client. 2) A health care worker must not engage in a sexual or other inappropriate close personal, physical or emotional relationship with a client. 3) A health care worker should ensure that a reasonable period of time has elapsed since the conclusion of the therapeutic relationship before engaging in a sexual relationship with a client. 14. Health care workers to comply with relevant privacy laws A health care worker must comply with the relevant privacy laws that apply to clients’ health information, including the Privacy Act 1988 (Cth) and the Information Privacy Act 2009 (Qld) 15. Health care workers to keep appropriate records 1) A health care worker must maintain accurate, legible and up-to-date clinical records for each client consultation and ensure that these are held securely and not subject to unauthorised access. 2) A health care worker must take necessary steps to facilitate clients’ access to information contained in their health records if requested. 3) A health care worker must facilitate the transfer of a client’s health record in a timely manner when requested to do so by the client or their legal representative. (continued…) HEALTH COUNCIL (continued…) 16. Health care workers to be covered by appropriate insurance A health care worker should ensure that appropriate indemnity insurance arrangements are in place in relation to his or her practice. 17. Health care workers to display code and other information 1) A health care worker must display or make available a copy of each of the following documents at all premises where the health care worker carries on his or her practice: a. a copy of this Code of Conduct b. a document that gives information about the way in which clients may make a complaint to the Health Ombudsman. 2) Copies of these documents must be displayed or made available in a manner that makes them easily visible or accessible to clients. 3) This clause does not apply to any of the following premises: a. the premises of any entity within the public health system as defined in the Hospital and Health Boards Act 2011 b. private health facilities as defined in the Private Health Facilities Act 1999 c. premises of the Queensland Ambulance Service as defined in Ambulance Service Act 1991 d. premises of approved aged care service providers within the meaning of the Aged Care Act 1997 (Cth). [ENDS]

Privacy Policy

Privacy Policy & Patient Disclaimer for Consent to Treat

The Privacy Act 1988 (Privacy Act) regulates how personal information is handled. The Privacy Act defines personal information as:

…information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.

Common examples are an individual’s name, signature, address, telephone number, date of birth, medical records, bank account details and commentary or opinion about a person.

The Privacy Act includes thirteen Australian Privacy Principles (APPs), which apply to some private sector organisations, as well as most Australian and Norfolk Island Government agencies. These are collectively referred to as ‘APP entities’. The Privacy Act also regulates the privacy component of the consumer credit reporting system, tax file numbers, and health and medical research.

1 – Abbreviated Privacy Policy Statement

PRIVACY STATEMENT

To ensure your privacy this practice adheres to the National Privacy Principles of the Council of Australian Privacy Legislation.

Your health information is collected by us only with your consent and as necessary for the proper and effective treatment of your condition.

Health information about you will not be released to any other party without your consent.

You may review your health information with your treating provider and are entitled to access your health records for this purpose.

If you have any queries about the confidentiality of your health information please feel welcome to discuss this with your health provider.

2 – Detailed Privacy Policy Statement

This practice has adopted the following Privacy Policy to protect patients, which is in line with the National Privacy Policy Guidelines and approved by The Complementary Medicine Association Ltd

Collection
This practice will only collect personal information:

(a) Necessary for its function or activities;
(b) Fairly, lawfully and not in an unreasonably intrusive way;
(c) Wherever reasonable and practicable, directly from the relevant patient;
(d) If reasonable steps are taken to notify the patient of;

· the identity of the organisation, and how to contact it;
· the fact that the patient may gain access to the information collected;
· the purposes for which the information is collected;
· the organisation, or the types of organisations, to which this practice usually discloses the information;
· any law that requires the information to be collected; and
· the main consequences for the patient if the information is not provided.

Use and disclosure
This practice will only use or disclose personal information;

(a) in ways that the patient would expect;
(b) in ways that the patient has consented to;
(c) in ways that are required by the public interest (for example, law enforcement and public health and safety).

Data quality
This practice will take reasonable steps to ensure the personal information it collects, uses or discloses is accurate, complete and up to date.

Data security
This practice will take reasonable steps to:

(a) ensure the personal information it holds is kept secure and protected from misuse, and unauthorised access, modification or disclosure; and
(b) destroy, or permanently de-identify, personal information which is no longer required.

Openness
This practice will make this Policy available upon request.

Access and correction
This practice will, subject to certain restrictions, provide patients with access to personal information about themselves upon request, and take reasonable steps to correct that information if it is shown that it is inaccurate, incomplete, or out of date.

Identifiers
This practice will not use, or disclose, identifiers that government agencies have assigned to individuals, except in limited circumstances.

Trans Border Dataflow
This practice will only transfer personal information to a recipient, if;

(a) the recipient is subject to a privacy policy equal to or substantially similar to the Australian National Privacy Principles;
(b) the patient has consented to the transfer;
(c) the transfer is necessary for the performance of a service between the patient and the organisation
(d) the transfer is necessary for the conclusion, or performance, of a service in the interest of the patient;
(e) the transfer is for the benefit of the patient, whose consent is impracticable to obtain, but likely to be given; or
(f) we have taken reasonable steps to ensure that the information transferred will not be used inconsistently with the Australian National Privacy Principles .

Sensitive information
This practice will not collect information, or an opinion, about an individual’s:

(a) racial or ethnic origin; [other than for patient history]
(b) political opinions;
(c) religious, or philosophical beliefs;
(d) membership of a trade union, or professional association;
(e) sexual preferences, or practices;
(f) criminal record;
Unless:
(h) the patient has consented;
(i) the collection is required by law, or for other public interest purposes (such as law enforcement and public health and safety); or
(j) other specified circumstances apply.

Both these policies are approved and recommended by the CMA.

Visit the Office of the Australian Information Commissioner to view the National Privacy Principles

Patient Disclaimer and Privacy Consent

All patients are required to sign a ‘consent to treat’ and kept on file.

A standard disclaimer;

“I the undersigned, hereby state that all information provided here by me, is a true and accurate record of my health status and I give consent for treatment from this clinic. I understand that my personal details will be stored and used in accordance with the current applicable Privacy Act”

All patient records should be kept for a period of not less than seven (7) years from the date of the last visit.

OFFICE PROCEDURE

11.1 All Members should conform to a minimum standard in recording new cases and recording progress of the patient, while the patient is under a Member’s care. It is suggested that case history and progress records should be kept separate from financial records.

CASE HISTORY

12.1 A case history should in all cases include the following:

(a) Name, address, occupation, date and telephone numbers (business and after hours).

(b) Present symptoms and duration of same.

(d) Past illnesses, operations and/or accidents.

(e) Abnormalities noted.

(f) Medical diagnosis (if any).

PROGRESS REPORTS

13.1 It is recommended that in addition to complete case history records, progress notations be made in the following instances:

(a) Date of each visit to the clinic to be recorded.

(b) When a patient reports changes to symptoms.

(d) Results and any remarks to patient, or by patient, to be recorded on each visit, and on conclusion of treatment.

HOw to make a complaint against a practitioner

How to make a complaint

Complaints may be made to our registered organisation; Complementary Medical Association.

Complaints MUST be in writing in the form of a Statutory Declaration.