Mentions of ethics in the NZSP Executive Minutes from 1991 - 1994
23/24 - 3 - 91 - Ethical Committee - Lianne Wright, G.Hall, E.Drok, Rosemary Jarmey, Pat Monro, Heather Dyer
Matters Arising - Mrs. Gay Wood raised the matter of Complaint Procedure Information for patients and was advised that the Ethical Committee had produced a draft leaflet “Your rights and Responsibilities as Consumers of Physiotherapy Services”, but that this was put on hold until the outcome of the Health Commissioner Bill was declared.
That the ethical rules be amended to include the following Rule on Product Endorsement - “ Practitioners may not endorse a product”. Passed
26/27 - 5 - 91 - That the Ethical Rules of the Society be amended to include the following Rule on Product Endorsement -Product Endorsement -Practitioners may not endorse a product endorsement, whether remunerated or not. Action This requires the insertion of an additional Rule - members to be told through the newsletter
The NZSP Rule book will be printed with amendments form the 1991 AGM.
9 - 11- 91 - Ethical Committee They put forward the suggestion that Executive consider the preparation of a Code of Ethics for the membership. It was agreed “that the Society establish an Ethical code of Principles and request the Ethical Committee to proceed with the writing of a draft. It will then be viewed by Executive and sent to branches..
15/16 - 2 - 92 - Ethical Committee - A meeting will be held on 28 February to discuss (1) the preparation of a Code of Ethics (2) Guidelines for endorsement (3) Committee procedure protocol
AGM 21 - 3 - 92 - Ethical Committee - Lianne Wright, G.Hall, E.Drok, Rosemary Jarmey, Pat Monro, Heather Dyer. R.Jarmey of the Ethical Committee addressed the meeting about Rule 64 on Endorsement and advised that the Committee was looking at amending the Rule and issuing Guidelines.
22 - 3 - 92 - It was agreed to find legal opinion on the matter of physiotherapists found guilty of fraud and name suppression. It was agreed that if a member of the Society is found guilty of defrauding the ACC the Physiotherapy Board will be asked to consider the necessary disciplinary action against the physiotherapist named.
Disciplinary Matters - it was moved that the President of the Society be instructed to make contact with the NZ Police and the NZ Crown Prosecutor with respect to seeking the removal of name suppression of those physiotherapists before the Courts on charges of fraud against the ACC. After lengthy discussion this was passed, and it was agreed the Executive seek legal advice on the matter.
That it be the policy the findings of the Complaints and Disciplinary Committee (now the Ethics Committee) be published for distribution to all members of the Society. Ethical Committee - are discussing the preparation of Guidelines for Endorsement, a draft Code of Ethics and Documentation of Committee procedures.
7 - 4 - 92 - Ethical Committee - a meeting will be held in June. R.Jarmey attended a seminar organised by the Medical Council on Sexual Abuse in the Doctor/Patient relationship.
25 - 8 - 92 -
Appeal Committee - The National Executive convened as the Appeal Committee in Christchurch to consider an Appeal of an Ethical Committee decision. On the facts as presented to them the Committee of Appeal was dismissed and both parties informed of the outcome.
20 - 9 - 92 - Appeal - a letter from the appellant was discussed but it was felt to be inappropriate to consider the matter further.
1 - 11 - 92 - The MCNZ Sexual Abuse Working Party - the Society has sent a submission, which supports the College of Physicians and Surgeons of Ontario’s definitions of sexual impropriety and sexual violations
13/14 - 2 - 93 - Ethical - Will formulate a Rule change covering endorsement for the AGM
2/3 - 4 - 93 - Physiotherapy Board - Preliminary Investigation Committee - The Board has advised that the Committee is - Mrs. Lois Clarkson, Mrs. Kay Valentine, Mrs. Heather Hutton, & Mr Brent Smallbone (lay person).
The Committee’s role is to investigate a complaint in whatever manner it sees fit and to decide if a complaint should be referred to the Physiotherapy Board. It is not required to “try’ the case.
Ethical - Pat Monro, R.Jarmey, Lianne Wright, G.Hall, R.Hopkins, N. Beney
Erwin Drok, Chairman, has advised that he wished to stand down., as has Heather Dyer.
AGM 15 - 5 - 93 - Ethical - Pat Monro, R.Jarmie, Lianne Wright, G.Hall, R.Hopkins, N. Beney
16 - 5 - 93 - Ethical - a meeting will be held shortly to discuss a disciplinary matter and the draft Code of Ethical Principals.
24/25 - 7 - 93 - That it be the policy the findings of the Ethical Advisory Committee be published for distribution to all members of the Society. Ethical Committee - meeting in August. Sexual contact Policy - It was agreed that there would be zero tolerance of sexual contact between physiotherapist and patient/client. It was also agreed to adopt the definitions of sexual contact recommended by the Ontario Task Force (for Physiotherapy ) A list follows of specific impropriety and sexual violations. It is important that the Society take action to prevent Physiotherapy patient/client relationships which are exploitive and harmful; however it is vital that in the process we do not create damage where none has existed, or an environment where human warmth and caring disappear from professional relationships.
25/26 - 9 - 93 - Ethical - R. Jarmey was elected chairperson -recommendations from the Committee were discussed and the following agreed to -Rule 7 Termination of Membership - Amend to prohibit members resigning if they are the subject to a complaint to Ethical Committee or National Executive :(b) Upon the member’s resignation. Resignation of a member will not be accepted while a complaint against that member is under consideration by the Ethical Committee” There were other changes to Rules 61(C), Rule 64.
19 - 11 - 93 - Ethical - NZSP is on the mailing list of the NZ Assn. for Professional & Applied Ethics. A draft copy of “Your rights and responsibilities” to be circulated to Executive for comment.
Bioethics conference - M. Skinner will be attending part of this conference next week.
19/20 - 2 - 94 - Bioethics Seminar - M.Skinner tabled a Report.
Ethical Committee - the draft leaflet “Rights and Responsibilities of a Physiotherapy User” was viewed and it was agreed that this should be forwarded to the Ethical Committee so the final leaflet can be printed for use by members.
Code of Ethics - The draft Code of Ethics was tabled and discussed. Executive comments will be forwarded to the Ethical Committee for consideration. The draft Code will then be circulated to Branches and Special Interest Groups for comment prior to the final wording being accepted by members at the AGM.
NZ Assn. for Applied Ethics - This Assn. was formed at the end of 1993 in Auckland and they have invited individual membership from interested physiotherapists. Executive agreed that Pat Monro of the Ethics Committee be asked to represent the Society on this Association.
15-5-94 Ethical Committee - Sexual Abuse Working Group- Comments received from members on the Sexual Abuse Guidelines will be considered by the group. Comments received from members on the Code of Ethical Principles will be discussed by the Committee before a final document is put to Branches for discussion as a Notice of Motion.
6 - 6 - 94 - Notice of Motion No 2 - That the NZSP accept the principle of zero tolerance in regard to Physiotherapy patient/client relationships and that further investigation take place following legal advice on the definition of the word “abuse”, “contact” and “misconduct” A working party was set up to consider this - the members were Margaret Davidson - Ethical Committee, Graeme Hall - lay person on Ethical Committee, Neil Beney and Barbara Guthrie.
Terms of Reference are - . to develop the guidelines for a policy as stated in the Notice of motion passed at the AGM
a. To determine the appropriate wording for the policy. To report back to Executive by 3 Sept.
b. To determine the appropriate wording for the policy.
c. To Report back to Executive by 3 Sept
Objectives -
a. To obtain legal opinion on the words abuse, contact and misconduct
b. To review relevant resource material that is currently available.
c. To consult widely within the profession and other groups. All reasonable expenses for travel, gathering of resource material, communication and secretarial assistance to be met by the Society.
16/17 - 4 - 94 - Ethical Committee - Rosemary Jarmey, Leanne Wright (layperson), Margaret Davidson, Neil Beney, Richard Hopkins, Graeme Hall (layperson)
AGM 15 - 5 - 94 - Ethical- R.Jarmey, L.Wright, G.Hall, Margaret Davidson, R.Hopkins, Neil Beney
26 - 6 - 94 - Ethical Committee -The Rights and Responsibilities leaflet prepared by the Committee is with the printer, and will be forwarded to each member via the newsletter shortly.
The Executive Director, as Secretary of the Committee discussed the need for legal representation of the Committee, and was authorised to contact law firms specialising in health and obtain preliminary costs.
17/18 - 9 - 94 - Ethical Committee -The Professional Sexual Abuse Working Party Report was discussed. The members have reviewed a great deal of literature and have had two telephone conference meetings with a further meeting organised for 22 September in Auckland.
27 - 11 - 94 - Ethical Committee- some members have drawn the Society’s attention to the AIT Physiotherapy School’s endorsement of a particular range of beds. Executive discussed the research and testing programme done in Australia by Professor Patricia Trott and further enhanced by research conducted at the AIT School of Physiotherapy . The subject of endorsement is covered in the draft Code of Ethics prepared by the Ethical Committee for circulation to all members in the December Newsletter.
27-11-94 - Sexual Abuse Working Party. A full Report from the Working party was tabled and discussed. It was agreed that when finalised this discussion document should be forwarded to all members for information.
Comments should be returned to National Office by 31 January 1995. Once the comments have been considered, a rule change will be circulated as a Notice of Motion for discussion at the 1995 AGM Executive commended the Working Party on the production of such an informative document.
Advertising of Therapeutic or Remedial Massage by non Physiotherapists - The Ministry has asked Executive for their view on the use of disclaimers by massage therapists who claim to practice therapeutic or remedial massage. The possible consequences of the use of disclaimers was discussed and Executive were unanimous that under the Physiotherapy Act only persons registered under the Act could hold themselves out ie advertise, as practising Physiotherapy and this protection included the advertising of therapeutic or remedial massage. The use of disclaimers would not reduce the statutory obligations of the Ministry under the Act and would therefore only link registered Physiotherapists and non registered people more closely together in the minds of the public.
While the Ministry of Health agrees that the practice of therapeutic/remedial massage comes within the definition of Physiotherapy they seem to take a fairly lenient stance against the use of the terms by non registered people.
An instance of this is the NZ Assn of Therapeutic Massage Practitioners, an organisation whose members regularly advertise as practising therapeutic massage. The NZQA are also currently looking at an application for a National Diploma course for “therapeutic massage practitioners”, but would like the legality of the terms clarified. Support for the use of disclaimers by the Ministry appears to be a back door method to circumnavigate the legislative process required to amend the Physiotherapy Act.
It is inappropriate that the Ministry use its role as adviser to the Minister to achiever a change they particularly desire when there are major changes required to the Act, which are not being addressed.
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