References to Ethics in the Executive Minutes 1995 - 1999

17/19 - 2 - 95    -   Code of Ethical Principles - It was agreed that a new rule should be developed to tie in the proposed Code of Ethics and that this rule should be vetted by a lawyer.

Ethical Committee - Sexual Abuse Working  Group- The 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.

AGM  20 - 5 - 95   - Ethical - Rosemary Jarmey, R.Hopkins, Neil Beney, Margaret Davidson, Lianne Wright & G.Hall (laypeople)

No 1 - Code of Ethics - Physiotherapists act in the best interest of their patients; they respect the rights and dignity of all individuals; they comply with all legislation that governs and impacts upon the practice of Physiotherapy ; they practice in accordance with acceptable professional standards; they accept responsibility to uphold the integrity of the profession

No 2 - These principles were further developed by a set of guidelines. They are not definitive, they are subject to changes as the dynamics of the profession change and as new patterns of health care delivery are developed  and accepted by the professional community and the public. The review of guidelines will be ongoing, and carried out biennially.

No 3 - Policy on sexual abuse. That members endorse the definition of professional sexual abuse as contained in the Discussion Document on Professional Sexual Abuse Policy - This is the exploitation of a current patient/client , particularly within a sexual contact.  The Physiotherapist relationship is not one of equality. In seeking assistance , guidance and treatment the patient is vulnerable.

No 4 - Members confirmed the remainder of the Discussion Document on the Professional Sexual Abuse Policy.

No 5 - Members accept the use of the Discussion Document of Professional Sexual Abuse as an explanatory memorandum.

No 6. - Adverse Reporting System -That the NZSP establish and run an Adverse Reaction Reporting scheme for members.

No 7. - that the members adopt the management structure for the NZSP as contained in the document “Management Structure, NZSP”.

21 - 5 - 95 - Ethical -Committee - a question regarding “best Practice” had been raised by the Ethical Committee with Executive and it was agreed that the Quality Working Party would include “best practice” amongst the guidelines they are considering.   It was noted that Treaty of Waitangi issues are considered within the discussion document rather than specified in the Ethical Principles 1-5

16 - 7 - 95   -   Ethical Committee - National  Executive discussed the procedure to be followed when the Society is informed that a member has been suspended from practice by the Physiotherapy  Board. It was agreed that as Registration with the Board is a requirement for membership, suspension by the Board effectively negates their membership.  It was agreed that a legal opinion be sought as to the correct procedure to be followed in these instances.

17- 9 - 95   -   Ethical Committee - The Executive Director reported that legal advice is being sought over the wording of the Rules regarding reapplication for NZSP membership by Physiotherapists who have been suspended by the Physiotherapy  Board and subsequently re-registered.

12 - 11 - 95  -   Ethical Committee -It was agreed that this Committee had a responsibility without prejudice in any way to the Committee’s  consideration of the complaint, to advise complainants of their right to lodge a claim with the ACC in respect of medical misadventure or medical error.  The Ethical Committee’s Terms of Reference for 1996 were reviewed and confirmed.

18 - 12 - 95   -    Treating of Family Members and Claiming fees for such Treatments -

It was agreed that a briefing paper be developed for full discussion by the membership before and at the next AGM.  Nell Dawson and Gill Webb agreed to prepare a draft for the February Executive Meeting.  Comments from the Ethical Committee will be included in the draft paper. 

17/ 18 - 2 - 96 - Ethical - There was discussion on the reinstatement of NZSP members who had been deregistered and at a later time reregistered.  The NZ Physiotherapy  Board has criteria which the individual is required to meet before re-registration is approved.  It was agreed that applications for reacceptance for NZSP membership need to be looked at on a case by case basis.  The National  Executive has the authority to turn down applications which have been ratified by a Branch. Two letters have been received from the NZPPA. The first relates to endorsement of products by individual Physiotherapists and the second to onsite assessment and treatment for OOS type conditions, and , in particular, preassessment screening for potential employees by Physiotherapists. Gail de Boer is to send a copy of the South Australian Physiotherapy  advertising Policy to Ethical Committee.

Treatment of Family Members -There was discussion on the topic treating family members and claiming fees for such treatment.  It was noted that eligibility for Physiotherapy  treatment in the case of third party claims such as from ACC was initiated by a GP but there were not the same safeguards necessarily for claims from private insurance companies.  Some other professional groups are able to offer services to family members and claim fees eg accountants can charge family members and issue a receipt for IRD purposes. Lawyers are able to defend family members and be reimbursed by Legal Aid.  It was agreed that a Notice of Intent would be given at the AGM stating that a policy of the Treatment of Family Members would be developed and comments invited, prior to ratification at the 1997 annual general meting.

25 - 3 - 96  -  Ethical - R.Jarmey,  Neil Beney,  Margaret Davidson,  G. Hall,  Lianne Wright,  Executive Officer

Ethical - A media statement relating to the recently convicted teacher who had claimed to be a Physiotherapist was sent to the NZ Press Assn, TV1 Paul Holmes Show and TV3  20/20 on 15 March.

A letter was sent to a physiotherapist who was using MNZSP on stationery and advertising brochures while not a member, requesting that this practice cease.  The response has been to apply for membership.  It was agreed that it be made clear to the Physiotherapist that claims of membership by using MNZSP must stop until such time as membership has been ratified.  The local Branch is aware of the situation.

AGM  31 - 3 - 96  -   Ethical Committee - Rosemary Jarmey, Neil Beney, Margaret Davidson, Graeme Hall, Richard Hopkins, Lianne Wright, Executive Officer

G. Wilson drew members attention to the Management Review Committee’s intention to have four “Think Tank” meetings at Auckland, Waikato, Christchurch and Dunedin. - dates to be set shortly.

10/11 - 5 - 96   -    Development of Policy on Treatment of family members - Nell Dawson is to look for support from the NZPPA in developing a discussion paper.  Ethical Committee - A Report from Margaret Davidson and Barbara Guthrie on the Australian Conference on Profession Sexual Abuse had been Tabled.  The following recommendations to National  Executive from the Ethical Committee were discussed.

• Involve ourselves in discussion with Dr. Rhys Cullen with a view to surveying the profession as to their attitudes to sexual contact with patients.  The results would help to target Educational strategies.  Support for the survey was given in principle.  It was noted that the proposal indicates followup of nonresponders and this may raise concerns about the anonymity of the survey.  Ethical Committee to clarify this aspect of the survey, confirm the Rhys Cullen does not require a fee, and present a survey budget and draft survey form to National  Executive for approval.
• Closer co-operation with the Medical Council of NZ with regard to an assessment and rehabilitation programme for the offender. Support given in principle - Ethical Committee to work on details and present to National  Executive.
• Maximise complainant/victim sensitivity within our system. (This was passed as a resolution in the final plenary session of the Conference)  Endorsed - Ethical Committee to incorporate in complaint process guidelines.
• Look at the problem of the registering body being both the prosecutor and disciplinary body.  (This may well be resolved in the new legislation with regard to the new Physiotherapy  Act and the role of the Health Commissioner).
• Supported by the Society.     The Ethical Committee had discussed the “Physiotherapy  Bed” which is currently being advertised and wanted to know if the Society had been advised by the manufacturer and, if permission was given, to advertise and name it as the “Physiotherapy  bed”.  It was agreed that the Executive Officer contact AIT re background to this matter.  Legal advice is to be sought on whether the term “Physiotherapy “ is protected under legislation against use in advertising and naming of products without Society permission. 
• Members were pleased to note the letter from the Physiotherapy  Board advising that the Board has adopted the NZSP Code of Ethics. 
• The Ethical Committee had raised questions regarding publication, distribution and charging for a publication incorporating the Society’s Ethical Rules, Code of Ethics and Professional Sexual Abuse Policy, for non NZSP members. National  Executive agreed that the Physiotherapy  Board should bear the cost of such a publication - Executive Officer to discuss with the Board.

NZSP membership for re-registered Physiotherapists - it was suggested that Branches could appoint the Ethical Committee to consider reapplications from previously suspended or deregistered physiotherapists. The applicants would need to show good cause why they should be accepted back. 

It was agreed that the Ethical Committee be asked to produce guidelines for the reinstatement, or ratification of new membership, following disciplinary procedures, suspension or deregistration.  In addition, they are to clearly define the disciplinary process to be followed when a complaint against a member is upheld by the Physiotherapy  Board or Ethical Committee.  Educational strategies for the Physiotherapy  profession to include issues of professional boundaries. Endorsed. Ethical Committee to include in their strategic plan for the next 12 months.

Code for Therapeutic Products - The revised draft code was discussed.  It has also been sent to the Ethics Committee. Comments are due by 20 May.

20/21 - 7 - 96    -    Ethical Committee -  The proposed survey developed by members of the Professional Sexual Abuse Working Party was tabled and approved.  Advance information about the survey was published in the July Newsletter.  There was a discussion regarding criteria for ratification of membership and reinstatement of members following disciplinary action, and the requirement for a position statement on Direct Marketing.  These issues are on the agenda for the next meeting of the Ethical Committee on 1 August.

14/15 - 9 - 96   -    Ethical Committee - The Rights and Responsibilities pamphlet has been reviewed, and modified to include the complaints procedure for patients.  Proposed guidelines from the Ethical Committee for the reinstatement/ratification of members were discussed and agreed.  These will be sent to Branches, and the MRC for comment.

2/3 - 11 - 96   -    Ethical Committee  - The minutes of the 12 October meeting were discussed.  To date, more than 1,200 members have responded to the survey on professional boundaries.

Request for endorsement of Product - A letter from Frank Baarspul seeking NZSP endorsement for a Physiotherapy  Pulley Type Stretching machine was discussed. There was agreement that considerable research would need to be undertaken before endorsement could be considered by the Society.  Action - letter for Frank advising that the Society would not endorse the machine and referring to the Ethical Committee’s guidelines on endorsement.

8/9 - 2 - 97   -    Ethical Committee - The minutes of the 28 November meeting were discussed.

Re-instatement/ratification of members - Changes have been made to the membership application form requiring applicants to sign a declaration which in addition to agreeing to abide by the Rules of the Society and NZSP Code of Ethics, - 1995 Guidelines, also states that they do not have any outstanding Physiotherapy related disciplinary actions against them.  National Executive stressed the importance of having recommendations on the process for reinstatement/ratification of members finalised and any necessary Notice of Motion submitted to National  Office within the required time for the AGM.

5/6 - 4 - 97   -     Ethical Committee - The minutes of the 11 Feb meeting were discussed. Result of the “Sex in the Professional Relationship Survey” are to be published in the Journal.

Request for Endorsement - “Eggsercizer” - It was agreed that this was not a suitable product for endorsement and also that this was not a role for the Society.

AGM    24 - 5 - 97 - Ethical - Rosemary Jarmey, Neil Beney, Margaret Davidson, Richard Hopkins, Pat Cunniffe(lay representative) Lianne Wright (lay representative) Gail de Boer

28/29 - 6 - 97      -   Ethical Committee - The minutes of the 29 April meeting were tabled and discussed Results of the “Sex in the professional Relationship Survey” are to be published in the August Issue of the Journal of Physiotherapy .

4/5 - 10 - 97   -   Ethical Committee - minutes of a 21 August meeting were discussed. National  Executive members unanimously supported the Ethical Committee’s review and reconfirmation of the NZSP Sexual Abuse Policy.

15/16 - 11 - 97   -   Ethical Committee - Minutes of the meeting held on 28 October 1997 and a draft discussion paper on New (Physio) Therapies were tabled and discussed.  It was agreed that the discussion paper be circulated to branches for comment and then be submitted to the NZ Journal of Physiotherapy  for publication.

28 - 2 - 98  -  Ethical Committee - Minutes of the meeting held on 3 February were tabled and discussed.

18/19 - 4 - 98   -    Ethical Committee - the minutes of the meeting held on 28 March 1998 and text of reviewed Rights and Responsibilities brochure were tabled and accepted.  The final draft of the brochure is due from Graffix shortly.

AGM  17 - 5 - 98   -   Ethics Committee - R. Jarmey, Pat Cunniffe (lay member), Margaret Davidson, R. Hopkins, Lianne Wright, (lay  member) Duncan Reid, Executive Director

3/4 - 10 - 98  -  Ethics Committee - The minutes of the 27 August 1998 meeting were discussed.  The availability of an Education programme on professional boundaries was noted and commended.  The decision to allow $4,000 of the Ethics Committee budget to be transferred to another purpose was noted.  The recently published updated Rights and Responsibilities brochure was tabled.  It was suggested that with increasing competitiveness in the health sector it may be timely to repeat the Ethics Committee addition to the NZSP Communications guideline regarding comments about colleagues.  

Action - Feature “Be kind to your Colleague” article in the NZSP Newsletter.

13/14 February 1999 - Equipment supplier Seeking Endorsement of Concept of an Assessment and Retail Centre.

A letter requesting National Executive to agree to clinics including an assessment and retail  centre to use the NZSP  logo on their signage was tabled and discussed.  It was noted that the range of products advertised in such profile suggests that occupational therapy skills could also be required in such centres.  As the policy on use of the NZSP logo is still a draft and for discussion at the 1999 AGM, it was agreed that the request be referred to the Ethics Committee

Action: Request to be referred to the Ethics Committee for their advice.

Ethical Committee - the minutes of the meeting held on 3 December were accepted.

9/11 April 1999 - The request from an equipment supplier seeking endorsement of concept of an Assessment and Retail Centre - The request had been considered by the Ethics Committee with agreement that the NZSP logo signifies membership of the Society of an individual physiotherapist and should not be used to endorse a business concept.  Membership of the Society is subject to the individual member agreeing to the rules of the Society; there is no process for external validation of a business concept.  The member has been advised of the decision of the Ethics Committee

Ethics Committee - The minutes of the meeting held on 11 March were accepted. It was noted that the Ethics Committee plans to begin a review of the Code of Ethics - 1995 Guidelines at their first face to face meeting after the NZSP AGM

3/4 July 1999 - Georg Theime Verlag: Promotion of CD Rom.  A letter seeking promotion of Range of Motion - AO ASIF Neutral-O Method on CD Rom produced by Association of Ostheosynthesis was discussed.

 Action Executive Director to advise that NZSP does not promote products.

Ethics Committee  -

The minutes of the meeting held on 17 May were discussed.  It was noted that the issue regarding possible conflicts of interest of NZSP office bearers had been considered by the Committee.  A summary of the conclusions reached had been circulated to NZSP Branches and had been referred to in the June issue of the NZSP Newsletter.

6/7 November 1999 - Endorsement of Products/Services

The Australian Physiotherapy Association (APA) has recently reversed its previous policy of not endorsing products and services.  A process to evaluate requests for endorsement has recently been developed and put into practice.  A copy has been sent to NZSP with the rider that “it is early days yet and the process will have ongoing review”.

Action: National  Office to seek feedback from the APA on their experience with the endorsement process and, if successful, refer to the NZSP Ethics Committee for review and recommendations of possible implementation.