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PITFALLS AND POTHOLES: A PRACTICAL APPROACH TO MAINTAINING ETHICS IN YOUR PROFESSIONAL PRACTICE IMPACT LEARNING

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Page 1: PITFALLS AND POTHOLES

PITFALLS AND POTHOLES:A PRACTICAL APPROACH TO

MAINTAINING ETHICS IN YOUR

PROFESSIONAL PRACTICE

IMPACT LEARNING

Page 2: PITFALLS AND POTHOLES

ETHICS CRISIS IN SOUTH AFRICA

EVENTS OF JUNE & JULY 2021 DROVE HOME THAT S.A CONTINUES TO FACE ITS GRAVEST ETHICS CRISIS SINCE THE END OF APARTHEID

CORRUPTION, COLLAPSE OF SOE’s, ABJECT POVERTY, UNEMPLOYMENT, HIGH LEVELS OF CRIMINALITY & VIOLENCE & RECENT LOOTING & DESTRUCTION HAVE DEVASTATED OUR COUNTRY & OUR MORALE

NOW, MORE THAN EVER ETHICS, ETHICAL CONDUCT & INTEGRITY ARE NEEDED

AS AN INDIVIDUAL & A PROFESSIONAL YOU CAN MAKE A DIFFERENCE

Page 3: PITFALLS AND POTHOLES

THANK YOU TO YOU ALL

Page 4: PITFALLS AND POTHOLES

“JUST BECAUSE WE ARE DOING GOOD

DOES NOT MEAN WE DON’T HAVE TO DO IT

PROPERLY”

INTEGRITY IS THE QUALITY OF BEING HONEST &

HAVING STRONG MORAL PRINCIPLES

IT IS ADHERENCE TO ETHICAL PRINCIPLES NO MATTER

HOW BADLY OTHERS ARE BEHAVING

SO LETS REVISIT THEORY OF ETHICS BRIEFLY … THIS

WILL BE FAMILIAR TO CPD PARTICIPANTS WHO

VIEWED THE IMPACT LEARNING PRESENTATION -

WORKING WITH CHILDREN: AN ETHICS FRAMEWORK

FOR HEALTH PROFESSIONALS

Page 5: PITFALLS AND POTHOLES
Page 6: PITFALLS AND POTHOLES

THEORY OF ETHICS

ETHICS IS CONCERNED WITH WHAT IS GOOD FOR

INDIVIDUALS & SOCIETY

IS A BRANCH OF PHILOSOPHY THAT “INVOLVES

SYSTEMATISING, DEFENDING & RECOMMENDING

CONCEPTS OF RIGHT & WRONG BEHAVIOUR”

EXAMPLES OF ETHICS IN ACTION ARE YOUR

PROFESSIONAL CODE OF CONDUCT & YOUR SCOPE

OF PRACTICE

ETHICS REFLECT THE AIMS & STANDARDS OF YOUR

PROFESSION

Page 7: PITFALLS AND POTHOLES

7 UNIVERSAL ETHICAL PRINCIPLES

JUSTICE

FAIRNESS & EQUITABLE

DISTRIBUTION OF CARE/RESOURCES

VS MASSIVE INEQUALITY

BENEFICENCE

DOING THE RIGHT THING FOR

PATIENT/ CLIENT / LEARNER

NON - MALEFICENCE

DOING NO HARM

Page 8: PITFALLS AND POTHOLES

ACCOUNTABILITY

ACCEPT RESPONSIBILITY &

CONSEQUENCES

FIDELITY

KEEPING PROMISES

AUTONOMY

CLIENT SELF-DETERMINATION

VERACITY

BEING TRUTHFUL WITH THE

CLIENT

Page 9: PITFALLS AND POTHOLES

LEGISLATION

PROVIDES YOU

WITH A

SUCCESSIVE

ETHICS HIERARCHY

THE CONSTITUTION &

THE BILL OF RIGHTS

THE HIGH COURT &

THE CHILDREN’S ACT 38 OF 2005

ACTS RELEVANT TO YOUR SPECIFIC PROFESSION

Page 10: PITFALLS AND POTHOLES

LEGISLATION

Page 11: PITFALLS AND POTHOLES

LEGISLATION

AS PAEDIATRIC PROFESSIONALS WE ALL WORK

UNDER THE CHILDREN’S ACT 38 OF 2005

REMEMBER THE DUTY TO REPORT CHILD ABUSE &

NEGLECT (FORM J22)

EDUCATORS WORK UNDER THE S A COUNCIL

FOR EDUCATORS ACT 31 OF 2000 & ARE

FURTHER GUIDED BY THE S A SCHOOLS ACT 84

OF 1996

SOCIAL WORKERS PRACTICE UNDER THE SOCIAL

SERVICE PROFESSIONS ACT 110 OF 1978

Page 12: PITFALLS AND POTHOLES

NEW NATIONAL CHILDLINE NUMBER

116

Page 13: PITFALLS AND POTHOLES

LEGISLATION

PSYCHOLOGISTS; SPEECH LANGUAGE AND

HEARING THERAPISTS, AUDIOLOGISTS, MUSIC &

ARTS THERAPISTS, OCCUPATIONAL THERAPISTS =

THE NATIONAL HEALTH ACT 61 OF 2003 & THE

HEALTH PROFESSIONS ACT 56 OF 1974

THE MENTAL HEALTH CARE ACT 17 OF 2002

THE MEDICAL SCHEMES ACT 131 OF 1998

Page 14: PITFALLS AND POTHOLES

LEGISLATION

THE PROMOTION OF EQUALITY &

PREVENTION OF UNFAIR DISCRIMINATION

ACT 4 OF 2000

THE PREVENTION OF AND TREATMENT FOR

SUBSTANCE ABUSE ACT 70 OF 2008

THE OCCUPATIONAL HEALTH AND SAFETY

ACT 85 OF 1993

THE CONSUMER PROTECTION ACT 68 2008

(RIGHTS)

Page 15: PITFALLS AND POTHOLES

LEGISLATION

THE PROTECTION OF PERSONAL INFORMATION ACT

4 OF 2013

THE PROMOTION OF ACCESS TO INFORMATION ACT

2 OF 2000

THE CRIMINAL LAW (SEXUAL OFFENSES AND

RELATED MATTERS) AMENDMENT ACT 32 OF 2007

THE CHILD JUSTICE AMENDMENT ACT 28 OF 2019

PLEASE READ UP ON ANY OTHER ACTS RELEVANT TO

YOUR PROFESSION & SETTING

Page 16: PITFALLS AND POTHOLES

THE ENACTMENT OF LEGISLATION: COUNCILS,

BOARDS, REGULATIONS & CODES OF CONDUCT

ALL PAED PROFS REGISTERED WITH A

COUNCIL

EDUCATORS

S A COUNCIL FOR EDUCATORS

ALLIED HEALTH HEALTH

PROFESSIONS COUNCIL

SOCIAL WORKERS SACSSP

COUNCILS ISSUE REGULATIONS

HAVE SEPARATE BOARDS

ISSUE CODES OF CONDUCT

Page 17: PITFALLS AND POTHOLES

IN ADDITION: MAKE USE OF

PROFESSIONAL ASSOCIATIONS FOR

SUPPORT➢ INFORMATION EXCHANGE

➢CPD ACTIVITIES

➢ SUPERVISION & READING

GROUPS

➢COLLEAGUE CONSULTATION

➢ SUPPORT IN DEALING WITH

COMPLAINTS

Page 18: PITFALLS AND POTHOLES

ETHICAL PROFESSIONAL PRACTICE IN

THE CONTEXT OF THE COVID PANDEMIC

Page 19: PITFALLS AND POTHOLES

DUAL DUTY TO UPHOLD REGULATIONS

PERSONALLY & PROFESSIONALLY

THE DISASTER AND DISASTER MANAGEMENT ACT 57 OF

2002 = NATIONAL STATE OF DISASTER & REGULATIONS

EACH PROFESSION & SETTING HAS ITS OWN

PROTOCOLS – MAJORITY OF COUNCILS/BOARDS &

ASSOCIATIONS HAVE ISSUED THEIR OWN GUIDELINES

VARIETY OF SCREENING & SAFETY PRACTICES – EG:

MAILING CLIENT A SHEET TO COMPLETE PRIOR TO A

CONSULTATION, KEEPING RECORDS OF ALL ATTENDEES

ON-LINE OR OFF-LINE – AT YOUR DISCRETION SAVE

FOR HARD LOCKDOWN

Page 20: PITFALLS AND POTHOLES

CONCERNS ABOUT LEGAL LIABILITY

REGARDING COVID-19 LIABILITY

SEEMS TO BE A GREY AREA

JUNE 2020: MINISTERIAL ADVISORY COMMITTEE (MAC) RAISED CONCERN ABOUT LIABILITY & HAD RECOMMENDED TO THE THEN MINISTER OF HEALTH THAT REGULATIONS BE DEVELOPED TO MITIGATE THE LEGAL RISKS TO “PUBLIC AND PRIVATE SECTOR WORKERS” – NOT DONE?

MAC RECOGNISED THAT MEDICAL & ALLIED WORKERS ARE REQUIRED TO WORK OUTSIDE OF THEIR SPECIALISATIONS IN TERMS OF MANAGING COVID RISKS & OFTEN WITH LIMITED RESOURCES

Page 21: PITFALLS AND POTHOLES

CONCERNS ABOUT LEGAL LIABILITY

MAC ACKNOWLEDGED THAT CURRENT CONDITIONS

MAKE WORKERS “MORE VULNERABLE TO

REGULATORY OR DISCIPLINARY SANCTION,

NEGLIGENCE CLAIMS IN CIVIL LAW AS WELL AS

CHARGES OF A CRIMINAL NATURE”.

ADHERE TO YOUR SETTING’S POLICY & PROCEDURES

REGARDING COVID & GENERAL CLIENT/ LEARNER &

OCCUPATIONAL SAFETY

REPORT ANY RELATED DIFFICULTIES IMMEDIATELY IN

WRITING

Page 22: PITFALLS AND POTHOLES

TO BE SURE …

IF YOU ARE IN PRIVATE PRACTICE OR GROUP

PRACTICE ENSURE YOU HAVE PROFESSIONAL

INDEMNITY COVER – CAN BE OBTAINED THROUGH

YOUR ASSOCIATION OR BOARD OR PURCHASED

PRIVATELY – SHOP AROUND

PUBLIC LIABILITY COVER IS USUALLY ATTACHED TO

SHORT TERM BUSINESS INSURANCE & WILL COVER

YOUR STAFF & CLIENTS/ PATIENTS IN THE EVENT OF

INJURY

IF YOU ARE IN A SCHOOL, HOSPITAL, CLINIC OR

SIMILAR SETTING ENSURE YOU ARE AWARE OF THE

POLICIES & CONSULT MANAGEMENT IF IN DOUBT

Page 23: PITFALLS AND POTHOLES

NB: LEGISLATION UPDATE

Page 24: PITFALLS AND POTHOLES

THE PROTECTION OF PERSONAL

INFORMATION ACT 4 OF 2013 - POPIA

WIDESPREAD PANIC – NOT NECESSARY

ENFORCEABLE FROM 01 JULY 2021 BUT WE ALL HAVE ONE

YEAR IN WHICH TO BECOME FULLY COMPLIANT

Page 25: PITFALLS AND POTHOLES

PURPOSE OF THE ACT IS SIMPLE

TO PROMOTE THE PROTECTION OF PERSONAL

INFORMATION

BY ADDRESSING THE WAY PERSONAL INFORMATION

IS PROCESSED (HANDLED) BY PUBLIC & PRIVATE

BODIES (ORGANISATIONS & INDIVIDUALS)

BASED ON SEC 14 OF CONSTITUTION – RIGHT TO

PRIVACY

Page 26: PITFALLS AND POTHOLES

PURPOSE OF THE ACT IS SIMPLE

IE: IT REGULATES THE MANNER IN WHICH WE WORK

WITH OTHER’S INFORMATION & HOW OTHERS WORK

WITH OUR PERSONAL INFORMATION –

INFORMATION MUST BE KEPT SAFE & PRIVATE

SPECIFICALLY RELATES TO THE RECORDING,

STORING & DISTRIBUTION (INC SHARING) OF

PERSONAL INFORMATION

Page 27: PITFALLS AND POTHOLES

POPIA

PERSONAL INFORMATION REFERS TO ANY

INFORMATION THAT CAN BE USED TO IDENTIFY

A PERSON – EG: ID NUMBER, ADDRESS,

MEDICAL AID NUMBER, MOBILE NUMBER OR

PHOTOGRAPHS/ PHOTOCOPIES; AND

SCHOOL REPORTS, ASSESSMENT REPORTS,

TREATMENT PLANS, THERAPY NOTES &

RESEARCH ETC.

Page 28: PITFALLS AND POTHOLES

POPIA

INCLUDES PEOPLE SUBSCRIBED TO YOUR

ELECTRONIC NEWSLETTER, CLIENTS/PATIENTS/

LEARNERS, ORGANISATIONS & COLLEAGUES

YOU WORK WITH OR REFER TO, YOUR SERVICE

PROVIDERS & SUPPLIERS

YOUR PERSONAL INFORMATION ALSO CANNOT

BE GIVEN TO OTHERS FOR THE PURPOSES OF

UNSOLICITED MARKETING!!

Page 29: PITFALLS AND POTHOLES

SPECIAL MENTION: PHOTOGRAPHS

PHOTOS THAT CLEARLY IDENTIFY A

PERSON CONSIDERED PERSONAL

INFORMATION

ILLEGAL TO DISTRIBUTE PHOTOS OF

PEOPLE WITHOUT THEIR CONSENT

FOR UNDER 18 – PARENTAL

CONSENT

CAN’T ASK PARENTS ON A

WHATSAPP CONSENT TO TAKE

PHOTOS – ASK INDIVIDUALLY

Page 30: PITFALLS AND POTHOLES

REQUIREMENTS*

❑AN INFORMATION OFFICER MUST BE APPOINTED

❑IF YOU ARE A SOLE PRACTITIONER YOU ARE THE I.O

❑PHYSICAL ACCESS TO INFORMATION (EG: PATIENT

FILES) MUST BE SECURED & ACCESSED BY DESIGNATED

STAFF ONLY – LOCKED CABINETS/CUPBOARDS

❑COMPUTER SYSTEMS MUST HAVE SECURITY CONTROLS

IN PLACE EG: PASSWORDS, ANTI-VIRUS SOFTWARE

❑A PRIVACY STATEMENT MUST BE DRAWN UP &

PUBLISHED TO EXISTING CLIENTS/PATIENTS ETC

❑THE STATEMENT MUST REFERENCE POPIA

Page 31: PITFALLS AND POTHOLES

REQUIREMENTS*

❑CLIENT/ PATIENT/ LEARNER REGISTRATION FORMS MUST

BE UPDATED TO INCLUDE RELEVANT PRIVACY

STATEMENT CLAUSES EG: CONSENT, CONFIDENTIALITY

❑INFORMATION QUALITY: RECORDS MUST BE UPDATED

TO INCLUDE CURRENT BIOGRAPHICAL & CONTACT

DETAILS

❑RETENTION POLICY MUST BE CREATED – DETERMINES

HOW LONG RECORDS ARE KEPT FOR & HOW OLDER

RECORDS ARE TO BE DELETED/ DISPOSED OF

❑ACCESSIBILITY: ALL PHYSICAL & DIGITAL INFO RELATING

TO PATIENTS SHOULD BE ACCESSIBLE & SHAREABLE

WITH PATIENTS ON REQUEST

Page 32: PITFALLS AND POTHOLES

REQUIREMENTS*

❑REVIEW ANY 3RD PARTY CONTRACTS YOU HAVE & INCLUDE RELEVANT POPIA CLAUSES – EG: AN I.T SERVICE PROVIDER

❑EXTERNAL COMMUNICATION MUST BE PROTECTED BY TECHNOLOGY – EG: ENCRYPTION OF DOCUMENTS

❑ALL STAFF TO BE TRAINED ON POPIA & THE IMPORTANCE OF PROTECTING THEIR OWN & PATIENT INFORMATION

❑ TIDY DESKS, NOT SHARING PASSWORDS, FILES PUT AWAY ETC.

❑COMPLETE A POPIA ‘MANUAL’ & SUBMIT

* WITH THANKS TO DISCOVERY HEALTH PTY (LTD)

“POPIA READINESS CHECKLIST” JULY 2021

Page 33: PITFALLS AND POTHOLES

HOW TO BECOME POPI ACT

COMPLIANT – MEET REQUIREMENTS AND

…OPTION 1 – DIY

www.informationregulator.co.za

DOWNLOAD & COMPLETE FORM FOR THE INFORMATION OFFICER REGISTRATION*

EMAIL BACK TO THE INFORMATION REGULATOR

KEEP A COPY IN YOUR OFFICE

* TOGETHER WITH YOUR POLICIES ETC. THIS IS YOUR ‘MANUAL’

OPTION 2 – PAY

ATTORNEY

ACCOUNTANT

ONLINE SERVICES

CHECK COSTS!!

Page 34: PITFALLS AND POTHOLES

KEY TAKEAWAYS

CAREFUL COLLECTION,

PROCESSING, STORAGE

& DISTRIBUTION OF

CONFIDENTIAL

INFORMATION

DATA BACK UP

STATE YOU ARE POPIA

COMPLIANT ON FORMS

REPORTS & ACCOUNTS

DISCLAIMER ON EMAILS

Page 35: PITFALLS AND POTHOLES
Page 36: PITFALLS AND POTHOLES

PROMOTION OF ACCESS TO

INFORMATION ACT 2 OF 2000 -PAIA

BASED ON SEC 32 OF CONSTITUTION – RIGHT OF ACCESS

TO ANY INFORMATION HELD BY THE STATE OR HELD BY

ANOTHER PERSON AND THAT IS REQUIRED FOR THE

EXERCISE OR PROTECTION OF ANY RIGHT

ATTEMPT TO CREATE A CULTURE OF TRANSPARENCY &

ACCOUNTABILITY

GRANTS ACCESS TO RECORDS HELD BY PUBLIC & PRIVATE

BODIES INCLUDING INDIVIDUAL PROFESSIONALS

ANYONE CAN APPLY TO OBTAIN INFORMATION, SUBJECT

TO CERTAIN LIMITATIONS

Page 37: PITFALLS AND POTHOLES

HOW TO BECOME PAIA COMPLIANT

COMPLETE A PAIA ‘MANUAL’ & SUBMIT IT TO THE

SA HUMAN RIGHTS COMMISSION

HOW: www.sahrc.org.za AND DOWNLOAD THE

FORM

COMPLETE & RETURN BY EMAIL

OR PAY SOMEBODY TO DO IT FOR YOU

PUT IT ON YOUR WEBSITE & HOLD A COPY AT YOUR

OFFICE

Page 38: PITFALLS AND POTHOLES

PAIA

WORKS HAND IN HAND WITH POPIA – BUT DOES

THE OPPOSITE

CURRENTLY ADMINISTERED BY S A HUMAN

RIGHTS COMMISSION - WILL BE TAKEN OVER BY

THE INFORMATION REGULATOR WHO ALSO

MANAGES POPIA

IMPLICATIONS OF THE ACT: STIRLING RECORD

KEEPING & RECORD PRESERVATION

ACCORDING TO STATUTORY GUIDELINES

Page 39: PITFALLS AND POTHOLES
Page 40: PITFALLS AND POTHOLES

THE CYBERCRIMES ACT 19 OF 2020

FINALISED ON 26 MAY 2021 – NOT YET

COME INTO EFFECT

ADDRESSES ONLINE RIGHTS VIOLATIONS

PRIMARILY TARGETS CYBERBULLYING,

SEXUAL EXPLOITATION & CRIMINAL

DEFAMATION

CRIMINALISES ELECTRONIC MESSAGES &

SOCIAL MEDIA POSTS THAT BULLY OR

THREATEN OR INCITE HARM OR

VIOLENCE

Page 41: PITFALLS AND POTHOLES

THE ACT

ALSO PROHIBITS DISCLOSURE/ POSTING/ PUBLICATION OF INTIMATE IMAGES OF AN IDENTIFIABLE PERSON WITHOUT THEIR CONSENT

DO MAKE CLIENTS, LEARNERS & PARENTS AWARE OF THIS

DO NOT POST IMAGES OF CHILD CLIENTS OR LEARNERS

A PROTECTION ORDER CAN BE OBTAINED VIA THE SAPS & A MAGISTRATE’S COURT

Page 42: PITFALLS AND POTHOLES

ETHICAL PRACTICE MANAGEMENT

Page 43: PITFALLS AND POTHOLES

THESE ARE GENERIC GUIDELINES -

INDIVIDUALISE THEM ACCORDING TO YOUR

PROFESSION & SETTING

CONTRACTING

SCOPE OF PRACTICE*

DUAL RELATIONSHIPS

THE PHYSICAL SETTING*

COMMUNICATION WITH

CLIENTS

COMMUNICATION WITH

COLLEAGUES

REPORTS & DISTRIBUTION*

Page 44: PITFALLS AND POTHOLES

ADDITIONAL GENERIC CONSIDERATIONS

MAKING REFERRALS

RECORD KEEPING

SUPERVISION & COLLEAGUE

CONSULTATION

CPD

BILLING & ACCOUNT KEEPING

MEDICAL AID COVER

INSURANCE & TAXATION

ADVERTISING

Page 45: PITFALLS AND POTHOLES

CONTRACTING IN GENERAL

DUTY OF CARE ARISES THE MOMENT YOU ENTER INTO A CONTRACT VERBALLY –CONFIRMED IN WRITING

AN UNDERTAKING TO PROVIDE PROFESSIONAL CARE, APPROPRIATE & EFFECTIVE TREATMENT OR TEACHING

PRIVATE PRACTICE CONTRACT IS BETWEEN THE CLIENT & PRACTITIONER, OR ON BEHALF OF A CHILD (AGE OF CONSENT = 12)

Page 46: PITFALLS AND POTHOLES

CONTRACTING

IN A SCHOOL OR HEALTH ESTABLISHMENT THE CONTRACT BETWEEN YOU & CLIENT/LEARNER IS IMPLIED & EMBEDDED WITHIN THE CONTEXT OF THE CONTRACT BETWEEN THE CLIENT & THE ESTABLISHMENT

SCHOOL = ‘IN LOCO PARENTIS’ (IN PLACE OF THE PARENT)

LEGAL EXPECTATION: PROFESSIONAL MUST CONDUCT THEMSELVES IN LINE WITH A REASONABLE STANDARD OF CARE

LAWS & REGULATIONS, CODES OF CONDUCT UNDERPIN THIS EXPECTATION

Page 47: PITFALLS AND POTHOLES

ELEMENTS OF A CONTRACT

BIOGRAPHICAL DETAILS

EMERGENCY CONTACT

WHO REFERRED

SERVICE TO BE PROVIDED, FEES

& ESTIMATED DURATION

PROVISION FOR REVIEW

INFORMED CONSENT –

FROM CHILD & PARENT

CONSENT IN DIVORCE

CONFIDENTIALITY OF

DETAILS, TREATMENT &

RECORDS

DISCLAIMER REGARDING

USE OF ELECTRONIC

COMMUNICATION

Page 48: PITFALLS AND POTHOLES

“NOTHING ABOUT US WITHOUT US”

S A Disability Rights Advocates 1980’s

Page 49: PITFALLS AND POTHOLES

ELEMENTS OF A CONTRACT

REQUEST FOR PREVIOUS REPORTS

CONTRACTED IN/ OUT OF

MEDICAL AID

DETAILS OF OTHER TREATING

PROFS

YOUR REG DETAILS

PERMISSION TO ALLOCATE

ICD-10

CONSENT TO TEAM

COMMUNICATION

SUPERVISORY

TRANSPARENCY

POPIA & PAIA

COMPLIANT

CONSUMER

PROTECTION ACT

COVID-19 POLICY

Page 50: PITFALLS AND POTHOLES

ELEMENTS OF A CONTRACT

PAYMENT POLICY & DETAILS OF

PAYEE

LATE CANCELLATION POLICY

SEPARATE CONTRACT FOR

RELEASE OF INFORMATION &

CONSENT TO TREATMENT?

YOUR PRACTICE POLICY

COPY OF CONTRACT TO CLIENT

Page 51: PITFALLS AND POTHOLES

COMMUNICATION

Page 52: PITFALLS AND POTHOLES

COMMUNICATION WITH CLIENTS

IDENTIFY WHO IS YOUR PATIENT

CLARIFY WHAT IS ASSESSMENT VS TREATMENT

CLARIFY WHAT IS ACHIEVABLE IN TREATMENT

POLICY REGARDING WAIVING OF CONFIDENTIALITY FOR UNDER 18’S IF AT RISK

EXPLAIN WHAT FEEDBACK WILL BE GIVEN

ENCOURAGE EMAIL COMMUNICATION & FEEDBACK

DO NOT

DISCUSS THE CHILD IN FRONT OF PARENTS/

TEACHERS UNLESS THE CHILD HAS BEEN

FORMALLY MADE PART OF THE DISCUSSION

FAIL TO MAKE NOTES FROM TELECONS

Page 53: PITFALLS AND POTHOLES

COMMUNICATION WITH COLLEAGUES

TEACHERS & SCHOOL STAFF

OTHER THERAPISTS/ TEAM

MEMBERS

PAST PROFESSIONALS

PREFERABLY IN WRITING

IF VERBAL, MAKE NOTES

MAKE TEAM MEETINGS &

COMMUNICATION

EXPLICITLY CONFIDENTIAL

INC. SHARING OF REPORTS

DO NOT

DISCUSS THE CLIENT/

LEARNER IN PASSAGES,

WAITING ROOMS, STAFF

ROOM

FORGET TO GET CONSENT

FROM ALL FOR WHATSAPP

OR EMAIL GROUPS

Page 54: PITFALLS AND POTHOLES

COMMUNICATION WITH OTHERS:

LAWYERS & OTHER PROFESSIONALS

SEPARATION, DIVORCE,

CARE & CONTACT

DISPUTES

FORENSIC INVESTIGATORS

PARENTING CO-

ORDINATORS/ CASE

MANAGERS

NEW THERAPISTS

PREVIOUS THERAPISTS

GET WRITTEN CONSENT

Page 55: PITFALLS AND POTHOLES

SUPERVISION & COLLEAGUE CONSULTATION

EXCLUDE IDENTIFYING

DETAILS

CONFIDENTIAL

KEEP DETAILED NOTES

REMEMBER LEGAL LIABILITY

AS A SUPERVISOR

Page 56: PITFALLS AND POTHOLES

WAITING LISTS & REFERRALS

PERSONAL PREFERENCE

SPECIFY APPROXIMATE

WAITING PERIOD

FOLLOW UP

OFFER TO REFER: USUALLY

PROVIDE 3 NAMES UNLESS A

BESPOKE REFERRAL

OBTAIN CONSENT TO MAKE A

BESPOKE REFERRAL

PROVIDE A WRITTEN LETTER OF

REFERRAL

Page 57: PITFALLS AND POTHOLES

PROFESSIONAL BOUNDARIES

PERSONAL DISCLOSURE BY PROFESSIONALS – LIMITED! ASK: IS IT IN THE CLIENT’S BEST INTERESTS?

DUAL RELATIONSHIPS - NO

OBSERVE SCOPE OF PRACTICE

SUPERSESSION

ANSWERING CLIENT QUESTIONS – IF YOU DON’T HAVE THE ANSWER FIND OUT & COME BACK TO THE PERSON

Page 58: PITFALLS AND POTHOLES

RECORD KEEPING

LOCK FILING CABINETS & ELECTRONIC PASSWORDS

FULL SET OF DOCUMENTS: PROCESS NOTES, SESSION NOTES, SUPERVISION, COMMUNICATION, REPORTS

KEEP FOR THE REQUIRED STATUTORY PERIOD

TAX RECORDS = 5 YEARS

HPCSA = 6 YEARS (OR UNTIL CHILD IS 25)

SCHOOLS = ?

SOCIAL WORKERS = ?

Page 59: PITFALLS AND POTHOLES

MEDICAL AID, BILLING & ACCOUNT

KEEPING

RECORD IF YOU ARE CONTRACTED IN OR OUT OF

MEDICAL AID IN CONTRACTS & ACCOUNTS

CLARIFY YOUR TARIFF VS MEDICAL AID REIMBURSEMENT

RATE

USE CORRECT PROCEDURE & ICD-10 CODES

DO NOT COMMIT FRAUD – YOU WILL BE AUDITED

SPECIFY IF THE SERVICE WAS RENDERED ON-LINE OR

FACE TO FACE

USE CORRECT CODE FOR ONLINE IF PROVIDED

TRANSPARENCY IS KEY

Page 60: PITFALLS AND POTHOLES

TAXATION

YOU ARE EITHER A PAYE OR PROVISIONAL TAX PAYER

PAY AS YOU EARN – IF YOU ARE EMPLOYED

PROVISIONAL IF YOU ARE SELF-EMPLOYED

BE CAREFUL IF YOU ‘MOONLIGHT’ – LEGAL & POPIA

REQUIREMENTS & POSSIBLE TAX IMPLICATIONS

PRIVATE PRACTICE: BOOK KEEPING; INCOME &

EXPENSES RECORDS & ACCOUNTANT

Page 61: PITFALLS AND POTHOLES

CPD & ADVERTISING

CPD IS A STATUTORY REQUIREMENT FOR ALL PROFESSIONALS – ETHICS COMPONENT MANDATORY

KEEP YOUR OWN RECORD & PORTFOLIO

ADVERTISING/ PROMOTION GOVERNED BY REGULATIONS -BE AWARE

DISPLAY OF QUALIFICATIONS & REGISTRATION

Page 62: PITFALLS AND POTHOLES
Page 63: PITFALLS AND POTHOLES

ETHICAL GUIDELINES FOR

DIGITAL PRACTICE

Page 64: PITFALLS AND POTHOLES

THE CAT, THE DOG & THE GARDEN

LESS THAN 25% OF SOUTH AFRICAN HOUSEHOLDS

HAVE A COMPUTER

HOWEVER APPROX. 24.5 MILLION USE

SMARTPHONES (VS ACCESS TO ELEC & DATA)

THE MIRACLE OF ONLINE

COMPLETELY NEW SET OF SKILLS & KNOWLEDGE

‘DIGITAL NATIVES’ ADEPT

VERY DIFFERENT BOUNDARIES

Page 65: PITFALLS AND POTHOLES

CORE ETHICAL GUIDELINES

CONSENT TO ONLINE TREATMENT/ TEACHING BY

PARENT & CHILD – SEPARATE CONTRACT

DISCLAIMER REGARDING THE USE OF ‘UNSECURE’

PLATFORMS (WhatsApp, Zoom. Skype, Teams)

NEVER RECORD WITHOUT CONSENT

WITH YOUNGER CHILDREN TRANSPARENCY ESSENTIAL:

USE PARENT’S EMAIL ADDRESS FOR ONLINE SESSIONS

OR HAVE PARENT SET UP SESSION ON CHILD’S IPAD/ PC

OPENING THE DOOR: THE ETHICAL CONUNDRUM OF

ONLINE CONTACT WITH CHILD CLIENTS IN GENERAL

Page 66: PITFALLS AND POTHOLES

GUIDELINES

WITH OLDER CHILDREN TRY ENSURE

PRIVACY – BEAR IN MIND YOU HAVE LITTLE

CONTROL OVER THE ENVIRONMENT

ASK PARENT TO SET UP A COMFY SPACE

WITH NECESSARY EQUIPMENT

ASSESS WHETHER OLDER CHILDREN HAVE

AUTONOMY TO REFUSE ON-LINE

Page 67: PITFALLS AND POTHOLES

GUIDELINES

PREFERABLE TO NOT USE YOUR PERSONAL

SOCIAL MEDIA ACCOUNTS

CONSIDER YOUR SOCIAL MEDIA PRESENCE

CAREFULLY

YOU STILL HAVE TO MAKE NOTES

ALL PROFESSIONAL & ETHICAL DUTIES

APPLY

Page 68: PITFALLS AND POTHOLES

GUIDELINES

RECOGNISE THAT PARENTS ARE NOT TEACHERS/

THERAPISTS – DON’T ADD MORE PRESSURE

ACKNOWLEDGE THE LOSS OF THE SHARED

SPACE & HOLD HOPE

ASSESS EFFICACY OF ONLINE VS TEMPORARY

SUSPENSION

USE CORRECT CODES & PRICING

ANTICIPATE LOAD SHEDDING & INTERNET

FAILURE – PREPARE CLIENTS & OBTAIN UIP IF

YOU CAN

Page 69: PITFALLS AND POTHOLES

LONG TERM VIEW

ON-LINE AS EMERGENCY

TREATMENT OR TEACHING

VS A VALID FORM OF

PROFESSIONAL ACTIVITY

A SCOPE OF PRACTICE

EXTENSION

CONSIDER AN ON-LINE

TRAINING COURSE

Page 70: PITFALLS AND POTHOLES

CONTEMPORARY ETHICAL ISSUES

Page 71: PITFALLS AND POTHOLES

REFUSING TO TEACH OR TREAT

THE LAW: TEACHERS MAY NOT REFUSE TO TEACH

(VS TEACHER SUPPORT)

POLICY OF INCLUSIVE EDUCATION IS

MANDATORY

PRIVATE PRACTITIONERS DO NOT HAVE TO

ACCEPT A REFERRAL OR GIVE A REASON FOR

THIS – BE DIPLOMATIC

Page 72: PITFALLS AND POTHOLES

REFUSING TO TEACH OR TREAT

REFER IF YOU DISCOVER CLIENT ISSUES EXCEED

YOUR AREA OF KNOWLEDGE & SKILLS, OR IF YOU

BELIEVE THERE IS A BREAKDOWN IN THE

WORKING RELATIONSHIP OR IF THERE IS

SIGNIFICANT NON-ALIGNMENT OF VALUES

(‘CONSCIENCE CLAUSE’)

FEWER OPTIONS IF YOU ARE EMPLOYED – TRY TO

NEGOTIATE WITH A COLLEAGUE TO TAKE OVER

THE CASE

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DIVERSITY COMPETENCE

ACTIVISM IS A PERSONAL

CHOICE, PROFESSIONALISM

IS NOT

‘OTHER-ABLED’ PEOPLE

BLACK LIVES MATTER (BLM)

GENDER & SEXUALITY

DIVERSITY

GENDER BASED VIOLENCE

FAKE NEWS & STEREOTYPING

Page 74: PITFALLS AND POTHOLES

RESOURCES

PSYSSA – PRACTICE

GUIDELINES FOR

PSYCHOLOGY

PROFESSIONALS WORKING

WITH SEXUALLY AND

GENDER-DIVERSE PEOPLE

DISABILITY RIGHTS CHARTER

OF S.A

ARTICLES ON DIVERSITY

COMPETENCE ON THE

INTERNET

Page 75: PITFALLS AND POTHOLES

REPORTING & COMPLAINTS

Page 76: PITFALLS AND POTHOLES

COMPLAINTS TO YOU, YOUR HEAD

TRY TO ANTICIPATE OR IDENTIFY POTENTIAL COMPLAINTS

HAVE A SYSTEM IN PLACE TO ADDRESS COMPLAINTS

PROMPTLY – FOLLOW PROCEDURE

HEAR THE COMPLAINANT OUT – ASK FOR IT IN WRITING

STAY CALM & PROVIDE A RATIONAL RESPONSE

APPEAL TO A MEDIATED PROCESS WHERE POSSIBLE

RECORD ALL DETAILS

FOLLOW UP PROMPTLY

Page 77: PITFALLS AND POTHOLES

COMPLAINTS TO YOUR STATUTORY BODY/

PROFESSIONAL BOARD

MIGHT BE DONE OUT OF YOUR AWARENESS

YOU WILL RECEIVE A LETTER ADVISING YOU OF

COMPLAINT & DETAILS OF IT

NOTIFY YOUR PROF INDEMNITY CARRIER

CONSULT A SUPERVISOR OR COLLEAGUE –

PREFERABLY SOMEONE WHO HAS EXPERIENCE

WITH COMPLAINTS

Page 78: PITFALLS AND POTHOLES

COMPLAINTS TO YOUR STATUTORY BODY/

PROFESSIONAL BOARD

GET SUPPORT!

CONSULT ATTORNEY (TIMING)

YOU HAVE A RIGHT TO SEE THE COMPLAINANT’S

SUBMISSION

YOUR RESPONSE REQUIRED WITHIN A TIME FRAME –

ATTACH SUPPORTING DOCUMENTATION – SLEEP ON

IT

Page 79: PITFALLS AND POTHOLES

TYPICAL COMPLAINTS

UNPROFESSIONAL CONDUCT & NEGLIGENCE (BIAS, UNDER SERVICE, INCORRECT SERVICE, BREACH OF CONFIDENTIALITY, FAILURE TO OBTAIN CONSENT*, DERELICTION)

WORKING OUT OF SCOPE OF PRACTICE

EXCESSIVE OVERCHARGING

DISPUTE REGARDING ASSESSMENT & RECOMMENDATIONS

SUPERSESSION

Page 80: PITFALLS AND POTHOLES

EACH COUNCIL HAS IT’S OWN

PROCEDUREDOWNLOAD RELEVANT REGS &

COMPLAINTS PROCEDURE

COMPLAINT WILL BE CONSIDERED,

CLOSED, REFERRED FOR FURTHER

INVESTIGATION OR TO A

COMMITTEE

DISCIPLINARY HEARING

LEGAL REPRESENTATION MIGHT BE

PERMITTED

RIGHT OF APPEAL

Page 81: PITFALLS AND POTHOLES

GUIDELINES

THE PROCESS IS

PERSECUTORY – GET

SUPPORT

ACCEPT RESPONSIBILITY IF

YOU HAVE ERRED

DO NOT ALTER RECORDS

REMAIN POLITE,

RESPECTFUL & ASSERTIVE

FOCUS ON FACT – EDIT

EMOTION

Page 82: PITFALLS AND POTHOLES

GUIDELINES

DO NOT COMMUNICATE WITH COMPLAINANT

TRACK & RECORD PROCESS

ENSURE PROPER PROCEDURE IS FOLLOWED

ACCEPT THAT THE PROCESS WILL BE SLOW, VERY SLOW

ASSESS IF YOU HAVE LEGAL RECOURSE (OPTIONAL)

LIMITED SCOPE FOR MEDIATION?

Page 83: PITFALLS AND POTHOLES

REMINDER

ETHICS, ETHICS, ETHICS

RECORDS, RECORDS, RECORDS

DUTY OF CARE

POPIA & PAIA COMPLIANCE

ADMINISTRATION UP TO DATE

SUPERVISION & CPD

STRESS RELIEF, SELF CARE & SELF

MANAGEMENT

Page 84: PITFALLS AND POTHOLES

IF MAINTAINING ETHICAL PRACTICE

MAKES YOU FEEL LIKE THIS

Page 85: PITFALLS AND POTHOLES

REMEMBER

❖YOU HAVE RIGHTS TOO

❖ETHICS PROTECT YOU & YOUR CLIENT

❖WHY YOU DO THE WORK YOU DO

❖THAT YOU ARE NOT ALONE