What rules apply to unregistered health practitioners?
Kieran PehmCommissionerHealth Care Complaints Commission
Inquiries and complaints
Complaints received about unregistered practitioners
2007-08 2008-09 2009-10 2010-11 2011-12 2012-13
Complaints about unregistered
health practitioners
32 41 71 99 76 114
% of all complaints about individual health practitioners
1.8% 2.0% 3.2% 3.9% 2.9% 3.9%
% of all complaints 1.0% 1.2% 2.0% 2.4% 1.8% 2.5%
What people complain about -unregistered providers (2012-13)
Counted by issue
The role of the Health Care Complaints Commission
How are unregistered health practitioners regulated?As employees of health organisations
– Accreditation procedures
– Ministry of Health directives and policies for public facilities
– Internal reviews (RCA, sentinel events etc.)
– Health Care Complaints Commission
Self-employed– Code of Conduct for Unregistered Health Practitioners
– Health Care Complaints Commission
– Public opinion, professional reputation
August 2008: Code of Conduct for unregistered health practitioners came into force
October 2008: Commission issued first public statement in relation to the conduct of a radiographer
August 2013: Health Ministers agree to strengthen regulation of non-registered professions and develop a national Code of Conduct modelled on current NSW and SA codes, including provisions for mutual recognition of any orders.
Background
Code of Conduct
The intention of the code is to:
set out minimum practice and ethical standards
inform consumers of the standards they can expect
inform consumers how they can complain.
Code of Conduct
1. Health practitioners are to provide services in a safe and ethical manner
2. Health practitioners diagnosed with an infectious medical condition must take precautions to avoid transmitting it to clients
3. Claims to cure certain serious illnesses must not be made
4. Standard precautions for infection control to be in place
5. Appropriate conduct in relation to treatment advice(not dissuading clients from consulting registered practitioners; informed consent, cooperation with other providers, reporting of other providers)
Health Practitioners must:
6. Not practise under the influence of alcohol or drugs
7. Not practise with certain physical or mental conditions
8. Not financially exploit clients
9. Have a clinical basis for treatments
10.Not misinform their clients
Code of Conduct - continued
Health Practitioners must also:
11. Not engage in a sexual or improper personal relationship with a client
12. Comply with relevant privacy laws
13. Keep appropriate records
14. Keep appropriate insurance
15. Display the Code of Conduct and information on how to make a complaint to the Commission.
Code of Conduct - continued
Assessment decision notified to parties s28
Written complaint received
Notification to provider s16(1)
Assessment
Referral to other body s26(1)b
Referral to Resolution Service
Discontinuation s27
Investigation s23
Complaints process - Assessment
Complaints process - Investigation
Notify employer of investigation s28(2)
Investigation s23
Refer to Director of Public Prosecutions
Submissionfrom practitioner s40
Public warning
Place conditions
Commission provides
statement of decision
s41B
Appeal of decision
allowable to the NCAT
(within 28 days)Blanket prohibition order
No further action
Comments
Investigating complaints
During an investigation evidence is gathered that may prove or disprove the issues raised in a complaint
The Commission considers advice from experts The Commission has the power to obtain
documents and information from health service providers and any other relevant persons
May interview the practitioner at a hearing.
Commission Powers
During the investigation, the Commission has the power to issue a temporary prohibition order where it believes that the practitioner or service they provide pose a serious risk to public health and safety.
Commission PowersAt the conclusion of its investigation, the Commission can make orders when it finds that the provider: breached the code of conduct, or has been convicted of an offence under Part 7 of the
Public Health Act 2010, or has been convicted of an offence under the Fair
Trading Act 1987 (NSW) or the Competition and Consumer Act 2010 (Cth)
& poses a risk to the health or safety of the public.
Commission Powers
At the conclusion of an investigation, the Commission can: issue a prohibition order place conditions on the provision of health
services issues a public statement or warning about
the practitioner and his or her services.
Outcomes of Investigations
Thank you!
www.hccc.nsw.gov.au
