what rules apply to unregistered health practitioners? kieran pehm commissioner health care...
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What rules apply to unregistered health practitioners?
Kieran PehmCommissionerHealth Care Complaints Commission
Inquiries and complaints
Complaints received about unregistered practitioners2007-082008-092009-102010-112011-122012-13Complaints about unregistered health practitioners
3241719976114% 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
How are unregistered health practitioners regulated?
As employees of health organisationsAccreditation proceduresMinistry of Health directives and policies for public facilitiesInternal reviews (RCA, sentinel events etc.) Health Care Complaints Commission
Self-employedCode of Conduct for Unregistered Health Practitioners Health Care Complaints CommissionPublic opinion, professional reputation6August 2008: Code of Conduct for unregistered health practitioners came into forceOctober 2008: Commission issued first public statement in relation to the conduct of a radiographerAugust 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.
Background7Code of ConductThe 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.8
9Code of Conduct Health practitioners are to provide services in a safe and ethical mannerHealth practitioners diagnosed with an infectious medical condition must take precautions to avoid transmitting it to clientsClaims to cure certain serious illnesses must not be made Standard precautions for infection control to be in placeAppropriate conduct in relation to treatment advice(not dissuading clients from consulting registered practitioners; informed consent, cooperation with other providers, reporting of other providers)
10Health Practitioners must:
Not practise under the influence of alcohol or drugsNot practise with certain physical or mental conditions Not financially exploit clientsHave a clinical basis for treatments Not misinform their clients
Code of Conduct - continued 11Health Practitioners must also:
Not engage in a sexual or improper personal relationship with a clientComply with relevant privacy laws Keep appropriate recordsKeep appropriate insuranceDisplay the Code of Conduct and information on how to make a complaint to the Commission.
Code of Conduct - continued 12Assessment decision notified to parties s28Written complaint receivedNotification to provider s16(1)AssessmentReferral to other body s26(1)bReferral to Resolution ServiceDiscontinuation s27Investigation s23Complaints process - Assessment 13Complaints process - Investigation Notify employer of investigation s28(2)Investigation s23Refer to Director of Public ProsecutionsSubmissionfrom practitioner s40Public warning
Commission providesstatement of decisions41BAppeal of decisionallowable to the NCAT (within 28 days)Blanket prohibition order
No further actionComments14Investigating complaints
During an investigation evidence is gathered that may prove or disprove the issues raised in a complaint
The Commission considers advice from expertsThe Commission has the power to obtain documents and information from health service providers and any other relevant personsMay interview the practitioner at a hearing.15Commission PowersDuring 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.
16Commission PowersAt the conclusion of its investigation, the Commission can make orders when it finds that the provider:
breached the code of conduct, orhas been convicted of an offence under Part 7 of the Public Health Act 2010, orhas 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.
17Commission PowersAt the conclusion of an investigation, the Commission can:issue a prohibition orderplace conditions on the provision of health servicesissues a public statement or warning about the practitioner and his or her services.
18Outcomes of Investigations