PITFALLS AND POTHOLES
Transcript of PITFALLS AND POTHOLES
PITFALLS AND POTHOLES:A PRACTICAL APPROACH TO
MAINTAINING ETHICS IN YOUR
PROFESSIONAL PRACTICE
IMPACT LEARNING
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
THANK YOU TO YOU ALL
“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
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
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
ACCOUNTABILITY
ACCEPT RESPONSIBILITY &
CONSEQUENCES
FIDELITY
KEEPING PROMISES
AUTONOMY
CLIENT SELF-DETERMINATION
VERACITY
BEING TRUTHFUL WITH THE
CLIENT
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
LEGISLATION
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
NEW NATIONAL CHILDLINE NUMBER
116
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
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)
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
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
IN ADDITION: MAKE USE OF
PROFESSIONAL ASSOCIATIONS FOR
SUPPORT➢ INFORMATION EXCHANGE
➢CPD ACTIVITIES
➢ SUPERVISION & READING
GROUPS
➢COLLEAGUE CONSULTATION
➢ SUPPORT IN DEALING WITH
COMPLAINTS
ETHICAL PROFESSIONAL PRACTICE IN
THE CONTEXT OF THE COVID PANDEMIC
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
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
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
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
NB: LEGISLATION UPDATE
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
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
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
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.
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!!
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
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
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
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
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!!
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
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
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
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
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
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
ETHICAL PRACTICE MANAGEMENT
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*
ADDITIONAL GENERIC CONSIDERATIONS
MAKING REFERRALS
RECORD KEEPING
SUPERVISION & COLLEAGUE
CONSULTATION
CPD
BILLING & ACCOUNT KEEPING
MEDICAL AID COVER
INSURANCE & TAXATION
ADVERTISING
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)
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
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
“NOTHING ABOUT US WITHOUT US”
S A Disability Rights Advocates 1980’s
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
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
COMMUNICATION
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
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
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
SUPERVISION & COLLEAGUE CONSULTATION
EXCLUDE IDENTIFYING
DETAILS
CONFIDENTIAL
KEEP DETAILED NOTES
REMEMBER LEGAL LIABILITY
AS A SUPERVISOR
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
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
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 = ?
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
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
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
ETHICAL GUIDELINES FOR
DIGITAL PRACTICE
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
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
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
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
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
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
CONTEMPORARY ETHICAL ISSUES
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
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
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
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
REPORTING & COMPLAINTS
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
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
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
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
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
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
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?
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
IF MAINTAINING ETHICAL PRACTICE
MAKES YOU FEEL LIKE THIS
REMEMBER
❖YOU HAVE RIGHTS TOO
❖ETHICS PROTECT YOU & YOUR CLIENT
❖WHY YOU DO THE WORK YOU DO
❖THAT YOU ARE NOT ALONE