Framework for a Common Code of Professional Conduct and Ethics

Transcription

1 Framework for a Common Code of Professional Conduct and Ethics Notice: This Framework Code of Professional Conduct and Ethics is a working document and template for a Code of Professional Conduct and Ethics to be considered by the Registration Boards when they are set up under the Health and Social Care Professionals Act It is subject to modifications and formal adoption by each Registration Board. The Framework Code of Professional Conduct and Ethics does not and is not intended to confer rights or benefits on any party nor impose obligations or liabilities on the Registration Boards or on the Health and Social Care Professionals Council at CORU. An Chomhairle um Ghairmithe Sláinte agus Cúraim Shóisialaigh Health and Social Care Professionals Council

2 Adopted as guidelines under section 31(7) of the Health and Social Care Professionals Act, 2005 on 11 February Framework for a Common Code of Professional Conduct and Ethics

3 Contents Section Page No. 1. Overview of the Code The Duty of Registered Health and Social Care Professionals 2. Code of Ethics Demonstrate Ethical Awareness Respect the rights and dignity of all individuals Comply with the laws and regulations governing the practice of his/her profession Carry out his/her duties in a professional and ethical way Ensure that any advertising s/he does is truthful, accurate, not misleading and complies with any relevant legislation Undertake research ethically 5 3. Standards of Performance Keep professional knowledge and skills up to date Act within the limits of professional knowledge, skills and experience and, if necessary, refer on to another professional Maintain proper and effective communications with service users, carers and professionals Assist and advise recently qualified registrants and students Effectively supervise tasks appropriately delegated Obtain informed consent to carry out assessments or provide treatment/ interventions (except in an emergency where the service user is not capable of giving consent) Keep accurate service user records Deal safely with risks including those covered by relevant legislation, for example, the Safety, Health and Welfare at Work Act, 2005 and employers policies, for example, Policy, Procedure, Protocol and Guidelines (PPPGs) Limit work or stop practising if the registrant s performance or judgement is affected by health issues. Each registrant has a duty to take action if health issues could be harming his/her fitness to practise 9 4. Standards of Conduct Act in the best interests of service users Respect the confidentiality of service users Maintain high standards of personal conduct Provide any important information about conduct, competence or health 11 APPENDIX A: Suggested procedure for ethical decision making 13 Health and Social Care Profesionals Council 2

4 1 Overview of the Code (Note: In this document, the term service users is used to include patients, clients and service users.) 1.1 The Duty of Registered Health and Social Care Professionals Each registrant has a duty to protect the health and well-being of people who need his/her services in every circumstance. In order to protect the public, the registrant shall adhere to this code of professional conduct and ethics and shall: 1. Demonstrate Ethical Awareness; 2. Respect the rights and dignity of all individuals; 3. Comply with the laws and regulations governing the practice of his/her profession; 4. Carry out duties in a professional and ethical way; 5. Ensure that any advertising is truthful, accurate, not misleading and complies with any relevant legislation; 6. Undertake research ethically; 7. Keep professional knowledge and skills up to date; 8. Act within the limits of the registrant s knowledge, skills and experience and, if necessary, refer on to another professional; 9. Maintain proper and effective communications with service users, carers and other professionals; 10. Assist and advise recently qualified registrants and students; 11. Effectively supervise tasks appropriately delegated; 12. Obtain informed consent to carry out assessments or provide treatment/interventions (except in an emergency where the service user is not capable of giving consent); 13. Keep accurate service user records; 14. Deal safely with risks including those covered by relevant legislation, for example, the Safety, Health and Welfare at Work Act, 2005 and employers policies, for example, Policy, Procedure, Protocol and Guidelines (PPPGs); 15. Limit work or stop practising if the registrant s performance or judgement is affected by health issues. Each registrant has a duty to take action if health issues could be harming his/her fitness to practise; 16. Act in the best interests of service users; 17. Respect the confidentiality of service users; 18. Maintain high standards of personal conduct; 19. Provide any important information about conduct, competence or health to the Registration Board. 3 Framework for a Common Code of Professional Conduct and Ethics

5 2 Code of Ethics 2.1 Demonstrate Ethical Awareness Each registrant will accept the obligation to study and understand the provisions of this Code of Professional Conduct and Ethics. Each registrant must avoid entering into agreements or contracts which might oblige them to contravene provisions of the Code of Professional Conduct and Ethics. Each registrant should take care when ethical issues arise. A suggested procedure for dealing with ethical dilemmas is attached at Appendix A. 2.2 Respect the rights and dignity of all individuals Each registrant must show through their practice and conduct a respect for the rights and dignity of all individuals regardless of Gender Family status Marital status Age Disability Sexual orientation Religion Race Membership of the Traveller Community. 2.3 Comply with the laws and regulations governing the practice of his/her profession Each registrant must be familiar with laws and regulations governing his/her profession and keep abreast of changes. 2.4 Carry out duties in a professional and ethical way Each registrant must carry out duties and responsibilities in a professional and ethical way. Service users are entitled to receive good and safe standards of practice and care. The Health and Social Care Professionals Council s aim is to protect the public from unprofessional and unethical behaviour. Registrants must be familiar with the standards they are expected to meet. The purpose of these standards is to protect the public. Each registrant must make sure that s/he behaves with integrity and honesty. Health and Social Care Profesionals Council 4

6 2.5 Ensure that any advertising is truthful, accurate, not misleading and complies with any relevant legislation 2.6 Undertake research ethically 1) Proposed research projects should be submitted to the appropriate Research Ethics Committees or other appropriate authority for approval prior to commencing research. Research should not proceed under any circumstances without the necessary ethical approval. Such approval should be identified in the research documentation e.g. participation, recruitment, communication. 2) Prior informed consent must be obtained and recorded if service users are to be involved in any form of research. The aims and methods of the proposed research, together with any potential hazards or discomfort and information about how their details will be used should be explained to the potential participant. 3) If consent is unobtainable from the service user, the Research Ethics Committee or other appropriate authority must approve the method of obtaining consent. 4) Research activity must preserve anonymity and/or confidentiality unless permission has been given by the potential participant to use his/her name. 5) Refusal to participate in research must not influence the delivery of service to the service user in any way. 5 Framework for a Common Code of Professional Conduct and Ethics

7 3 Standards of Performance 3.1 Keep professional knowledge and skills up to date Each registrant must make sure that his/her knowledge, skills and performance are of a high quality, up to date, and relevant to the registrant s practice. Each registrant must: 1) Maintain and develop professional competence by undertaking relevant education/training to maintain and improve knowledge and skills; 2) Keep up to date with relevant knowledge, research methods, and techniques, for example, through the reading of relevant literature, peer consultation and continuing education activities in order that the registrant s service and/or research activities and conclusions shall benefit and not harm others; 3) Participate in and contribute to the registrant s own continuing professional development (CPD); 4) Maintain clear and accurate records of CPD. 3.2 Act within the limits of knowledge, skills and experience and, if necessary, refer on to another professional Each registrant must act within the limits of his/her knowledge, skills and experience. 1) A registrant should only practise in those fields in which s/he has competence by reason of appropriate education, training and experience. When accepting a service user, the registrant has a duty of care. This duty of care includes the obligation to refer the service user for further professional assessment, intervention or treatment if it becomes clear that the task is beyond the registrant s own knowledge, skills and experience. 2) A service user is entitled to a referral for a second opinion for assessment, treatment or intervention at any time and the registrant is under an obligation to accept the request and do so promptly. 3) If a registrant receives a referral from another health or social care professional, the registrant must make sure that s/he fully understands the request. Assessment, intervention or treatment should only be given if it is believed to be appropriate. If this is not the case, the matter must be discussed with the practitioner who has made the referral, and also the service user, before providing any service. 4) A registrant must meet relevant standards of practice and work in a lawful, safe and effective manner. Health and Social Care Profesionals Council 6

8 3.3 Maintain proper and effective communications with service users, carers and professionals 1) Each registrant must take all reasonable steps to make sure that he or she communicates properly and effectively with service users, their carers and family. 2) Registrants must also communicate effectively, co-operate and share their knowledge and expertise with professional colleagues and students for the benefit of service users. 3.4 Assist and advise recently qualified registrants and students Registrants should assist and advise recently qualified registrants and health and social care professional students on the development of correct professional values, courtesies, attitudes and behaviour required when dealing with others. 3.5 Effectively supervise tasks appropriately delegated People who consult or receive treatment or services from registrants are entitled to assume that a person who has the knowledge and skills to practise their profession will carry out their treatment. 1) When a registrant delegates tasks to another person to carry out on his/her behalf, s/he must be sure that they have the knowledge, skills and experience to carry out the task safely and effectively. 2) A person should not be asked to perform tasks which are outside their knowledge, skills and experience except under the direct supervision of experienced registrants. 3) Each registrant must recognise that the registrant remains accountable for the task delegated to other registrants and responsible for the task delegated to students or others. 4) In the situation where a person tells a registrant that they are unwilling to carry out a task because they do not think they are capable of doing so safely and effectively, the registrant must not force them to carry out the task. If their refusal raises a disciplinary or training issue, it must be dealt with separately, and the safety of the service user must not be endangered. 3.6 Obtain informed consent to carry out assessments or provide treatment/interventions (except in an emergency where the service user is not capable of giving consent) 1) Each registrant must explain to the service user the assessment/treatment/intervention that s/he is planning to carry out, the risks involved and any other treatments/interventions possible. Account must be taken of the person s capacity to understand the information and to give their consent. 2) Each registrant must make sure that the service user s informed consent has been received for any treatment/intervention to be carried out. 3) The registrant must make a record of the service user s treatment decisions and pass this on to all members of the health or social care team involved in their care. 7 Framework for a Common Code of Professional Conduct and Ethics

9 4) In emergencies, registrants may not be able to explain assessments/treatment/intervention, get consent or pass on information to other members of the health or social care team. If consent cannot be given, the registrant must act in accordance with the best interests of the service user. 5) If a service user refuses assessment/treatment/intervention and the registrant believes that it is necessary for their wellbeing, reasonable efforts must be made to persuade the person, particularly if it is thought that there is a significant or immediate risk to their life. Registrants must, however, respect a person s right to refuse treatment. 6) Employers procedures on consent must be adhered to and registrants should also be aware of any guidance issued by appropriate authorities. 3.7 Keep accurate service user records 1) Each registrant must maintain clear and accurate records as required by policy and procedures established for the workplace. 2) Each registrant keeps records for each person who receives or requests treatment, professional advice or services. 3) All records must be complete and legible and all entries should be written, signed and dated. 4) Registrants who supervise students should sign any student s entries in the notes. 5) Whenever records are reviewed they should be updated by the registrant involved with a record of any arrangements made for the continuing service/ care of the service user. 6) Each registrant must protect information in records against loss, damage or use/access by anyone who is not authorised. Computer based systems can be used for keeping records, but only if they are protected against unauthorised access or tampering with them (including other health or social care professionals). 7) If records are updated, information that was previously there must not be erased, or made difficult to read. Instead, the registrant must mark it in some way (for example, by drawing a line through the old information). 8) Records should be held in accordance with any relevant legislation. 3.8 Deal safely with risks including those covered by relevant legislation, for example, the Safety, Health and Welfare at Work Act, 2005 and employers policies, for example, Policy, Procedure, Protocol and Guidelines (PPPGs) 1) Each registrant must follow risk assessment policy and procedures to assess potential risks in the workplace and area of practice. 2) Following the identification of risk, each registrant must take the necessary steps to minimise, reduce or eliminate any risk identified. 3) Each registrant must ensure that relevant colleagues and agencies are informed about the outcomes and implications of risk assessments. Health and Social Care Profesionals Council 8

10 3.9 Limit work or stop practising if the registrant s performance or judgement is affected by health issues Each registrant has a duty to take action if health issues could be harming his/her fitness to practise. 9 Framework for a Common Code of Professional Conduct and Ethics

11 4 Standards of Conduct 4.1 Act in the best interests of service users Each registrant is personally responsible for making sure that the registrant protects the best interests of the service user. Each registrant must: 1) Treat each service user as an individual; 2) Respect diversity and different cultures and values; 3) Respect and, where appropriate, promote/advocate the views and wishes of service users and carers; 4) Support the service user s right to participate in all aspects of the service provided and make informed choices about the service s/he receives; 5) Not do anything, or allow anything to be done, that the registrant has good reason to believe will put the health or safety of a service user at risk; 6) When working in a team, the registrant is responsible for his/her own professional conduct, for any service or professional advice the registrant provides and for any failure to act; 7) Protect the service user if the registrant believes that they are threatened by a colleague s conduct, performance or health. The safety of service users must come before any personal and professional loyalties at all times; 8) When the registrant becomes aware of any situation that puts a service user at risk, the registrant should discuss the matter with an appropriate professional colleague. Each registrant must not: 9) For reason of commercial purpose, transfer public service users to his/her private practice. 4.2 Respect the confidentiality of service users 1) Excluding any exceptions provided by law or professional practice obligations of a registrant and in accordance with the protection from disclosure of personal data provisions contained in the Data Protection Acts, each registrant must treat information about service users as confidential and use it only for the purpose for which it was given. S/he must not knowingly release any personal or confidential information to anyone who is not entitled to it and should check that people who ask for information are entitled to it. The registrant must only use information about service user: (i) To continue to provide service for that person; or (ii) For purposes where that person has given his/her specific permission to use the information. Health and Social Care Profesionals Council 10

12 2) All registrants must keep to the conditions of any relevant data protection legislation and follow best practice for handling confidential information relating to individuals at all times. Best practice is likely to change over time, and registrants must stay up to date. 3) Registrants must be particularly careful not to reveal, deliberately or accidentally, confidential information that is stored on computers. 4.3 Maintain high standards of personal conduct Registrants must not: 1) Abuse, harm or neglect service users, carers or colleagues; 2) Exploit or discriminate unlawfully or unjustifiably against service users, carers or colleagues in any way; 3) Form inappropriate personal relationships with service users; 4) Condone any unlawful or unjustifiable discrimination by service users, carers or colleagues; 5) Put yourself or other people at unnecessary risk; 6) Behave in a way which would call into question the registrant s suitability to work in health and social care professional services; 7) Registrants must not get involved in any conduct which is likely to damage the public s confidence in the registrant or the designated profession. Registrants must: 8) Work openly and co-operatively with colleagues in the workplace; 9) Recognise and respect the roles and expertise of individuals from other agencies/professions and work in partnership with them. 4.4 Provide any important information about conduct, competence or health 1) Registrants must inform the Health and Social Care Professionals Council (and other relevant regulators and professional bodies) if s/he has any important information about the individual s conduct or competence, or about other registrants and health professionals s/he works with. In particular, the registrant must let the Health and Social Care Professionals Council know straight away if s/he has been: (i) Convicted of a criminal offence (other than a Fixed Charge driving offence under the Road Traffic Acts) or in receipt of an Adult Caution from the Garda Síochána; (ii) Disciplined by any organisation outside of Ireland responsible for regulating or licensing health or social care professionals; (iii) Suspended or placed under a practice restriction by an employer or similar organisation because of concerns about conduct or competence. 11 Framework for a Common Code of Professional Conduct and Ethics

13 2) Registrants must co-operate with any investigation or formal inquiry into his/her professional conduct. If anyone asks, and being entitled to it (subject to any legal right of the registrant not to provide the information), the registrant should give them any relevant information in connection with his/her conduct or competence. 3) Registrants should also inform the Health and Social Care Professionals Council about any significant changes in his/her health, especially if professional practice has changed as a result of medical advice. This information is private but it is vital that the registrant tells the Health and Social Care Professionals Council. If this does not occur, action could be taken against the registrant. 4) Registrants should also inform employers or an appropriate authority where the practice of colleagues may be unsafe or adversely affect the standard of care. This is related to a registrant s duty to act in the best interests of the service users. 5) Inform the registrant s employer or appropriate authority in relation to any personal difficulties which might affect the registrant s ability to deliver the job competently and safely. 6) Obtain the necessary support and/or assistance from the registrant s employer if the registrant does not feel competent in carrying out any aspect of his/her work, or s/he is not sure how to proceed in a work matter. Health and Social Care Profesionals Council 12

14 Appendix A Suggested procedure for ethical decision making 1. Define carefully the issues and parties involved. 2. Scan the Code of Professional Conduct and Ethics and identify all relevant clauses. Also check other applicable professional guidelines (for example, those of government departments or HSE) and any pertinent legislation. Consulting with colleagues is also often appropriate. 3. Evaluate the rights, responsibilities and welfare of all affected parties. 4. Generate as many alternative decisions as possible - the more the better. 5. Evaluate carefully the likely outcome of each decision. 6. Choose what, in your professional judgment, is the best decision, implement it, and inform relevant parties. 7. Finally, take responsibility for the consequences of the decision. It is recommended that notes be kept of deliberations at each stage of the process. 13 Framework for a Common Code of Professional Conduct and Ethics

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