References to Ethics in the Executive Minutes

AGM 24 - 3 - 84 - Complaints and Disciplinary Committee - Ivan Compton Chairman, Peter Drury, Monica Huisman, Carol Cowan, Enid Whiteling, Joy Tedder. Complaints and Discipline - a small change in interpretation of Clause XV1. Ethics-These rules need to be brought up to date - information to be gathered from Branches and Special Interest Groups and the MRC produce a firm recommendation.

24 - 11 - 84 - Complaints and Disciplinary Committee - Executive gave authority for a meeting to be held before Christmas. Ethics and advertising - the Catholic Charities Foundation asked whether various specified advertisements would contravene our rules. It was decided they did. Physiotherapists on the North Shore asked whether their names could be included in booklet of amenities on the North Shore. It was decided they could do so.

19 - 5 - 84 - Replies to the questionnaire of Ethics have been collated - hope to have rules ready to circulate late in the year. Possibly set a standing Committee called the Central Ethical Advisory Committee. Article about ethics and rules to go in the Journal. The rules for NZMTA were discussed ready for the next AGM. All branches are to send rules in by Sept 20.

NZMTA. . . Physiotherapy Ethics - The Board neither approves nor disapproves of General Practitioners employing Physiotherapists and collecting the Physiotherapy fee.

21 - 7 - 84 - Central Ethical Advisory Committee - Members are B.Mulligan, Jan Jameson, Grace Wilson.

MRC - Their final draft of the Ethical rules will shortly be ready for distribution to branches, + a Notice of Motion for the AGM.

22 - 9 - 84 - Central Ethical Advisory Committee - The Committee are dealing with a number of matters.

24 - 11 - 84 - Central Ethical Advisory Committee - report tabled and accepted.

AGM 16 - 2 - 85 - Complaints and Disciplinary - Mr. I. Compton J.P., Miss M. Huisman, Mrs. E. Whiteling, Mr. P. Drury, Miss h. Keeling, National Secretary

The Central Ethical Advisory Committee be given proper status in the rule book. Carried
Ethical Rules, about conduct of a Physiotherapist and a Physiotherapist shall only work in fields in which he has been educated and is competent. Also ethics about referral, privacy, and onward referral were spelt out.
A number of amendments about these rules were lost.
Advertising - May only advertise by nameplate or window lettering, calling on Medical Practitioners, card and stationery. In the press for no more than 3 consecutive issues, in normal type, and when commencing , leaving practice, or change of practice. Signs must be professional and dignified.
Sale of Goods - A physiotherapist may not accept commission on goods sold, or make a profit.

29 - 3 - 85 - Central Ethical Advisory Committee - an article will be written on the work of this Committee for the Journal.

25 - 5 - 85 - CEAC - A report was tabled, it was agreed that the Ethical guidelines should now be forwarded to the MRC for inclusion in the Members Handbook. A Flow chart for standing Committee for the Journal was discussed and with a slight amendment will be forwarded to standing Committees for their information.

26 -7 - 85 - Complaints and Discipline -Members should take all reasonable steps to adhere to the new ethic and failure to do so could subject them to disciplinary procedures. Central Ethical Advisory Committee - a discussion about the difference between a listing and an advertisement took place.

28 - 9 - 85 - Complaints and Discipline - it was decided to look for members eligible to serve on this Committee - possibly retirement members. To go the MRC for consideration.

Central Ethical Advisory Committee -it was resolved “that this Committee offer advice on ethical matters only which is not binding on a person or any other Committee of the Society. CEAC decisions should be made public, personal details being omitted by statements in reports to the National Executive. It was also decided that “National Executive have no comment on any advice made by CEAC as they act as the appeal authority on any disciplinary matter”.

6 - 12 - 85 - Committee - Ivan Compton, Hilary Keeling, Monica Huisman, Enid Whiteling. Complaints and Discipline - Some members were using Special Interest Group initials after their name - these are not to be used. Further information of this to be sought from the NZMTA

Ethical Advisory Committee -The topic of listing/advertising was discussed - the original paper written by the CEAC should be updated. It is anticipated that this will be the first move in formulating advertising ethics.

Issues of privacy arose in September 1986

AGM 19 - 1 - 86 - Central Ethical Advisory Committee - Mrs. G. Wilson, Mr. B.Mulligan, Mrs. J.Jameson

CEAC - Mr. Mulligan was unhappy about the procedure where by Committee could give advice which the CDC might later override. The meeting felt that some sort of advice was necessary but that the viability of CEAC in its present form should be looked and proposals brought to the 1987 annual general meeting. Committee - Ivan Compton, Hilary Keeling, Monica Huisman, Enid Whiteling, Mr P. Drury CDC - Appreciation was expressed to Mr. Ivan Compton.

22 -1 - 86 - Central Ethical Advisory Committee - all members of this Committee to be approached to see whether they felt it should be disbanded or retained. The values of listing/advertising were discussed, and it was agreed that the NZPPA be approached for their views. There must be a policy by the AGM 1987. CEAC Executive discussed the need for a meeting between CEAC, CDC, MRC, and Executive to formulate ethical guidelines and discuss the viability of the present CEAC. It was suggested that this meeting should be in June and chaired by Mr. Lamont.

22 - 3 - 86 - Complaints and Discipline Committee - It was with regret that Miss H. Keeling had to resign. The Chairman of this Committee to put forward nominations for the vacancy.

23 - 5 - 86 - Complaints and Discipline - a recommendation from this Committee concerning the issuing of an Ethical Guidelines was considered and it was agreed that the recommendation be forwarded to the NZPPA for comment. A new member to be appointed shortly.

20 - 6 - 86 - Inter Committee Meeting on 21 June -

A Report from the meeting was received. The present role of CEAC was discussed and the Report stated - The work of the present Committee falls into the following categories -

Enquiries relating to the possibility of laying a complaint or prosecution.
Interpretation of the rules.
General Principles relating to Ethics but outside the specific rules.
Influence of outside bodies. The Committee does not function effectively in it’s present form but there is a need for an advisory service.

Recommendation - Expanding the responsibilities of CDC to absorb CEAC. Rule changes will be needed at the next AGM to do this, MRC could do this if required. In the meantime CDC could assume the responsibility prior to the AGM by Executive accepting the resignations of CEAC and co-opting CDC to CEAC. The new Committee to be called the Ethical Committee . It was moved that this be done. A further question discussed at this meeting was the quantum of penalty the Physiotherapy Board can presently impose. This needs reviewing - a letter was sent to the Board. CDC Mrs. Monro to serve on this Committee

10 - 10 - 86 -Complaints and Discipline - Miss M. Huisman, Mr. P.Drury, Mrs. P. Monro. Mrs. E.Whiteling resigned as she is on Executive. Mr. Compton is going to Auckland. Mr. Hall will serve in his place.

With Mrs. Whiteling leaving a new member will be announced at the first Executive meeting in 1987.

AGM 21 - 2 - 87 - Ethical Committee - Miss M. Huisman, Mr. P.Drury, Mrs. P. Monro. Mrs. E.Whiteling resigned as she is on Executive. Mr. Compton is going to Auckland. Mr. Hall will serve in his place.

That it be the policy of the NZSP that the findings of the Complaints and Disciplinary Committee be published for distribution to all members. Carried

That the CDC Report twice yearly to Executive on general content of complaints dealt with. Lost

That the rules include a clause to ensure that whenever the Society, the SIG’s or standing Committee interests are being represented this must reflect the established opinions of the Society as a whole as conveyed through the National Executive. Lost

22 - 2 - 87 - The findings of the Complaints and Disciplinary Committee be published for distribution to all Society members - decided this to be done through the newsletter.

Ethical Committee - Previously called the Complaints and Discipline Committee - Mrs. Fiona Harman appointed to the Committee - will meet shortly to discuss the bast method of handling the ethical advisory service to members.

25/26 - 4 - 87 - Ethical Committee held its first meeting - Mr. Hall is Chairman. It is planned to evolve a record of principles of professional conduct which will be available to members through the newsletter.

Report on Ethics and Computer Security, NZMA Conference - Mr Gee attended this Conference and his Report has been sent to branches. The whole question of ethics will be addressed later in the year.

26/27 - 6- 87 - Ethical Committee has only met once - it appears there are two sides to their work. One is when a third person makes a complaint about someone else. This could lead to disciplinary action. The other way is in giving advice to a member about a possible action - this should be limited to one’s own actions. Mr. Gee attended at conference on Ethics and Computer Security, NZMA Conference in 1987 and his report was been sent to branches.

1987 Ethical Committee - they have prepared a discussion document on the proposed ethical rules - this to go to the NZPPA and the HPA and MRC for comment.

27/28 - 11 - 87 - Ethical Committee -G.Hall (lay person) Pat. Monro, Peter Drury, Fiona Harman, Jill Woods

20 - 2 - 88 - Ethical Committee -G.Hall (lay person) Pat. Monro, Peter Drury, Fiona Harman, Jill Woods

21 - 2 - 88 - Ethical Committee - a Meeting will takes place on 22 February.

30 - 4 - 88 - Ethical Committee - the draft guidelines about members association with or employment of persons practising as other than physiotherapists were tabled in April 1988. Mrs. Lamb tabled an article from “Physiotherapy “ entitled “informed consent” - Ethical Implications for Physiotherapy “. To go to the Ethics Committee.

2/3 - -9- -88 - Ethical - the Commerce commission will be looking at Ethics in the light of the new rules.

3/4 - 9 - 88 - Ethical - Correspondence with the Commerce Commission about the Society’s ethics was discussed,

it was decided to form a small sub Committee including the legal adviser to discuss this matter. The terms of reference are - to deal with correspondence from the Commerce Commission to make the necessary recommendations to Executive in time to formulate rule changes at the 1989 AGM.

15 - 12 - 88 - Ethical Committee - Mr. P.Drury has resigned. It was agreed that guidelines prepared by the Ethical Committee should be forwarded to Branch Secretaries for inclusion in the Manual

It was agreed that when ethical matters pertaining to the public were involved the Ethical Committee should be given the power to co-opt an extra lay person. The Ethical Committee were advised that when the issues discussed were intra professional the present composition was adequate.

Research Ethics - it was agreed the Society should have one comprehensive set of ethics - binding on all members who undertaking research. Material forwarded by Mrs. Gay Wood will form the basis of these ethics, comment will be sought from SIGs. Product endorsement - it was recommended that “Product endorsement by individuals was inappropriate at this stage but that the Committee considered that product endorsement by the Society could be ethically acceptable provided there were proper safeguards in the procedure for endorsement.”

There was lengthy discussion on this, the Executive felt the Society does not have the facilities to carry out the proper safeguards at present.

3 - 3 - 89 - Ethical G.Hall (lay person),Pat Monro, Jill Woods, Fiona Harman, Hugh Tollemache

Ethical Committee - The Commerce Commission met with Mr. Drok, Mr. Wild (legal adviser) and Mrs Tedder to discuss the revised Advertising Ethics prepared by the sub Committee of the Ethics Committee. Mr Wild then produced a further draft, which was discussed by Executive and returned to the sub Committee for comment. It will be circulated to branches as a notice of Motion at the AGM.

AGM 22 - 4 - 89 - Ethical -G.Hall (lay person),Pat Monro, Jill Woods, Fiona Harman, Hugh Tollemache.

Notice of Motion re people on the Ethical Committee - to have 2 lay people on it.

Notices of Motion

Testimonials of endorsements of the practitioners service maybe used with the prior consent of the provided they were not solicited or obtained for reward. Passed
Advertising - Practitioners may advertise their services within these constraints - (1) Advertising must not use material or be carried out be a means, which brings the profession into disrepute. (2) Any claims made in the advertising must be capable of ready verification (3) Testimonials or endorsements of the practitioners service may be used with the prior consent of the giver and provided they were not solicited or obtained for reward. (4) Advertising shall not contain any statement or implication that the practitioner may, upon consultation, be able to procure for the patient any Government, ACC or insurance benefit. Passed
Canvassing - Practitioners may offer services direct to the public provided they: (1) Do so in a manner which does not bring the profession into disrepute (2) ensure that their treatment does not conflict with any other Physiotherapy Treatment the patient is currently undergoing Passed

23 - 4 - 89 - Ethical Committee - The appointment of a further lay person is being considered.

Notice of Motion to amend Advertising Rules and canvassing were discussed.
A further lay person will be appointed to the Ethical Committee.

22/23 - 7 - 89 - Ethical Committee - were given permission to seek a legal opinion on an issue directed to it.

22 - 9 - 89 - Ethics Committee -The Commerce Commission were advised of NZSP Role changes and in a letter have replied as follows - “We note that there have been significant changes made to the Rules/ Advertising Ethics. At the same time, there remain some provisions about which , in competition terms, we still have reservations. We have detailed these in our letter - We do not propose to take further action at this time, but will monitor the effect of those revisions in the market place. Should any constraints on competition become apparent, the Commission will re-examine the matter and may litigate if a breach of the Commerce Act is evidenced. We would emphasise that the question of the Society’s risk under the Commerce Act is a matter for the Society to assess. It is our intention, as a matter of course, to re-examine the rules/ advertising in 12 months time. Our view, above, on the revised rules’ Advertising Ethics remains an opinion for only the Courts are able to determine if the Commerce Act has been breached. There also remains the possibility of private enforcement through the Courts.

9 - 12 - 89 - Ethical Committee - The following statement was prepared for the news media on 6-1--11989 “The Commerce Commission has found examining every individual profession for restrictive trade practices too time-consuming and has asked professions to check their own rules and practices.”

Informed Consent - A discussion paper and draft standard for patient care services - This discussion paper was tabled and Executive agreed that comments should be available before 30 September.

2/3 - 3 - 90 - That is be the policy of the NZSP that the findings of the Complaints and Disciplinary Committee be published for distribution to all members of the Society - 1987

AGM 19 - 5 - 90 - Ethical - Lianne Wright & Graeme Hall (lay People) E.Drok, Hugh Tollemache, Pat Monro, Neil Beney

Ethics and Advertising - Mr. Duncan Reid queried why the findings of the Complaints and Disciplinary Committee had not been published. The Chairman advised that a full Report of the nature of complaints before the Committee for 1989 was printed in the annual Reports and had been distributed prior to the AGM.
It was moved “that the Society’s Ethical Committee produce a leaflet informing the public of the Physiotherapists responsibilities and the mechanism for complaints through both the Physiotherapy Board and the Society itself. passed

The freeing up of Advertising ethics in general were then discussed and what the Society could do when members state they are “sports” or Manipulative” therapists when in fact they do not have any further post graduate training. It was moved that “ the National Executive look into the matter of the wording of advertising with regard to the qualifications of the practitioner.

20 - 5 - 90 - Items re the wording of advertising and the leaflet re informing the public of physiotherapists responsibilities be handled by the Ethical Advisory Committee and its recommendation returned to National Executive for consideration and implementation..

23 - 6 - 90 - Ethical Committee -Mrs. Lianne Wright has agreed to an appointment as the second lay person. The Notices of Motion from the AGM have been discussed and actioned.

1/2 - 9 - 90 - Ethical Committee - Work is still progressing on the production of material as requested by the AGM.

Product endorsement - It was moved that “neither the Society nor its members can be associated with Product endorsement. Executive agreed that members should be encouraged to advise the Society of any advertisements which imply that the product was endorsed by a Physiotherapist or the profession. The Society would then contact the advertiser under the Fair Trading Act and request research material supporting the statement or the name of the physiotherapist quoted. There will be a Notice of Motion about this at the AGM.

10 - 11 - 90

Product Endorsement - M. Houlding - a draft discussion papers was tabled and with a few minor additions will be forwarded to branches for discussion.
Ethical Committee - The draft material on “Wording of Advertising with regard to the Qualifications of the Practitioner” was approved to be put in the newsletter. The draft pamphlet “Your rights and responsibilities as a consumer of Physiotherapy Services was approved with some amendments. It will not be printed until it is known what the new Gvt. propose to do with the Health Commissioner Bill. The draft “procedure for laying a complaint against a Physiotherapist was approved.”

References to Ethics in the Executive Minutes 1984 - 1990

Ethics