Code of Professional and Ethical Conduct for Telecare Services Association of New Zealand (TSANZ)

Transcription

1 Code of Professional and Ethical Conduct for Telecare Services Association of New Zealand (TSANZ) The members of the Telecare Services are committed to the highest standards of professional and ethical conduct at all times. All TSANZ members are expected to abide by the TSANZ Code of Professional and Ethical Conduct, the TSANZ Code of Practice and the TSANZ Telemarketing Code as well as complying with all applicable laws, regulations and rules. The term members includes the staff, agents and contractors of a member company. An alleged breach of this Code by a member will be dealt with in accordance with the provisions of the Telecare Consumer Protection Policy. Page 1

2 Table of Contents Definitions... 3 Values and Principles... 4 Integrity... 4 Confidentiality... 5 Ethics... 5 Duty of Care... 5 Environmental Care... 5 Accountability... 5 Cooperation... 6 Conflict of Interest... 6 Compliance... 6 Quality... 6 TSANZ Approved Supplier Status... 6 Referenced Documents... 6 Page 2

3 1. Definitions For the purpose of this document the following definitions will apply: Alarm activation Assistance call out Central monitoring facility (CMF) Client Code of Conduct Code of Practice Cold Calling Complainant Client Services Manager Critical service issues Emergency call out Enquirer Environmental monitor Hard sell Medical alarm equipment Medical alarm provider Medical alarm unit Nominated contact The dialling or attempted dialling of the CMF by the medical alarm unit when the alarm unit or trigger device has been activated. Any medical alarm activation that is not an emergency call out. A facility that houses the medical alarm monitoring equipment (including alarm receiver units) and a client contact information system. A person who uses the services of a TSANZ member. Clients include current clients, potential clients and past clients as well as those who have declined the services of a provider unless otherwise specified. The Code of Conduct for TSANZ members. The Code of Practice for TSANZ members. Calling on or contracting a prospective client without a prior appointment. The person laying a complaint. The person engaged by TSANZ to advise and assist a complainant. Critical service issues are service call outs where there has been either: Equipment failures, damage or loss which prevent a successful alarm activation. Trigger device failure or loss. Communications failure. Any medical alarm activation that requires onsite assistance, which may include but is not limited to an ambulance paramedic attending the scene. A person who makes an enquiry about the professional functioning of a TSANZ member. Any device that triggers the medical alarm unit based on changes in the client's environment. These changes may include but are not limited to temperature, gas levels, smoke or fire. A marketing approach that uses sales practices or messages to encourage customers into completing a transaction quicky or to purchase an item or service they do not want or require. Examples include: Clients being given the impression that government financial assistance for the cost of than alarm is assured. Clients being given the impression that government financial assistance is only available for a limited time where this is not the case. Generating concerns to the client about their safety or well being where this was not previously a concern for the client. This equipment includes any and all hardware and software supplied to a client for the purpose, or to support the purpose, of raising an emergency response through a CMF. Any person, business or organisation that provides medical alarm service. The base medical alarm unit installed in a client's residence or on their person that connects to the CMF upon an alarm activation, triggered from either the medical alarm unit or trigger device. A person that a client has nominated to be a respondent to a request for assistance Page 3

4 Non-critical service issues Personal activity monitors Remote access control systems Representatives Respondent Service call out Telecare Services Telecare Services Provider Telemarketing Telemarketing calls Trigger device TSANZ TSANZ member Unsolicited call or to be advised of the client's situation or status. Non-critical service call outs are service call outs other than an emergency service call out. They may include but are not limited to low battery notifications, and non-critical equipment damage. Any device that triggers a medical alarm unit when a routine activity being monitored is modified or ceases within a specified period of time. Any system that can facilitate access to a client's premises from a remote location. This may include (but is not limited to) remote activation of electronic door latches or disabling security systems. Includes staff directly employed by a company as well as its agents, contractors and sub-contractors unless otherwise specified. The person or company complained about. A requirement for a telecare service provider's representative to attend the premises where a medical alarm unit has been installed, for fault or general maintenance to any aspect of the equipment or otherwise at the request of the client. Telecare Services are services that use technology to link people who live in their own homes with the monitoring services that provide assistance and emergency help and support when needed. Any person, business or organisation that provides telecare services. The act of selling, promoting, or soliciting a product or service over the telephone as a form of campaign or mass marketing strategy. Outbound calls made by a member or a representatiave on a member s behalf with the intention of gaining new business. As opposed to inbound calls from customers or calls made in the process of delivering existing services. This includes all remote devices that can be used to activate the medical alarm unit. This includes but is not limited to; pendants, fall detectors and specialised alarm activation switches. The Telecare Services Association of New Zealand (Incorporated). A company holding membership of TSANZ. Any call made otherwise than with the express invitation of the person called upon. This does not include calls on a follow up basis by the telemarketer, e.g. where the customer had expressed interest in the specific product or service, or calls made in relation to managing a customer s existing account. 2. Values and Principles a. All members shall act in accordance with the following values and principles: 3. Integrity a. Members will act with integrity. They shall not gain unfair advantage from the lack of knowledge, inexperience or inability of a client. Members will treat all persons fairly, respectfully and with dignity. b. Members will always conduct their business in a manner that reflects favourably on the industry and encourages other companies to do the same. Members will adhere to the Code of Health and Disability Services Consumers' Rights. c. Members will not misrepresent themselves as agents of any government department or as agents of any company other than their own. Members will not represent or imply that they hold any exclusive government or TSANZ approved supplier status. Page 4

5 4. Confidentiality a. Members shall be committed to protecting the confidences and privacy of past, current and prospective clients and employees in all their dealings. Members will adhere to the provisions of the Privacy Act Ethics a. Members must always conduct their business to the highest standards of honesty, accuracy, integrity and decency. Staff training programs must include ethical considerations. Members shall not pursue advantages of privileged position to compete unfairly or fail to give credit for the work of others to whom credit is due. b. Members agree to abide by the TSANZ Telemarketing Code c. Members must not knowingly disseminate false or misleading information, particularly in reference to the alarm and monitoring services provided and any entitlement a client may or may not have to government funding or allowances. Members will not seek to manage the client s interface with Government agencies. Members shall act promptly to correct any incorrect information for which they are responsible. d. Members recognise that clients have a choice whether or not to apply for Disability Allowance. Members will not use pressure or hard sell techniques and will treat the client's decision with respect. Clients should fill in their own application forms for Disability Allowance and other government programs members and their representatives must never complete these forms on behalf of a client. e. Members shall respect the decision of a client's medical practitioner as to whether or not the client requires a medical alarm and shall not pressure the client or medical practitioner in any way or offer any inducements in order to have a client's Disability Allowance application approved. f. Members will treat all clients fairly and equitably, respecting cultural and moral values and the dignity of the individual. 6. Duty of Care a. The welfare, health and safety of the client shall at all times take precedence over professional or private interests. b. Members shall only operate in their areas of competence, inform clients in any instances where they do not hold appropriate qualifications or experience to carry out work and to only give advice and opinions on the basis of adequate knowledge. c. Members shall fully inform clients of their available options and the capabilities of the alarm unit and monitoring service they are being supplied as well as all associated fees and charges. d. Members will advise all clients of their right to have a third party present during any contact with the member. 7. Environmental Care a. Members shall act responsibly towards the environment at all times, ensuring compliance with all relevant environmental legislation and encouraging environmentally responsible work practices. 8. Accountability a. Before any agreement is signed, members shall fully inform clients of the available options and the abilities of the alarm unit and monitoring service being offered. Members shall also advise the client of all additional costs involved in using the alarm unit including (but not limited to) installation costs, call costs and ambulance call out fees. All information must be provided in a format that is appropriate for and can be understood by the client. b. Before any agreement is signed the member will provide the client with documentation clearly stating what the member and client have agreed. The client will be provided with copy of any agreement entered into along with a complaints Page 5

6 procedure that provides contact information for the TSANZ website and contact telephone numbers. c. All agreements between members and clients will contain provisions for the client to cancel their contract upon a notice period of no more than one month, without early cancellation or other fees. d. In the event that the client moves into residential care or with relatives, does not, or no longer qualifies for government assistance towards the cost of their medical alarm service. Agreements will be terminated immediately, with no early cancellation or other fees upon notification that a client is deceased. 9. Cooperation a. Members shall not injure the professional reputation or practice of colleagues, government, non-government agencies, associations; other interested parties, clients or other members and will cooperate with any inquiry conducted by TSANZ to resolve any dispute involving clients or another member. b. If a client requests a change to a different provider, members must (with the client's permission) communicate to ensure the change is completed with minimal disruption to the client's service and without disadvantaging the client in any way. Any early release fees shall be waived where the current service does not meet the client s needs. Members will fully inform clients of the transfer process and any implications it may have in a form that is appropriate to and can be understood by the client. 10. Conflict of Interest a. Members shall strive to avoid all known conflicts of interest and to keep clients or other relevant third parties fully informed in any such matter. Members shall not allow any preferred relationship with another member to interfere with the interest of clients. 11. Compliance a. Members shall abide by this code, the Code of Practice for TSANZ and all relevant New Zealand laws and regulations. 12. Quality a. All members shall be committed to delivering high quality, timely, efficient, reliable and valued services. 13. TSANZ approved supplier status a. Approval as a member is non-transferrable. Where a member is sold to or merges with a non-member company, TSANZ membership no longer applies and will be deemed to have lapsed. b. Where a member is sold to or merges with another company, membership is also nontransferrable although TSANZ may assess the continuance of the membership and allow a reasonable period for an audit and remediable action to be undertaken. c. Members are required to advise TSANZ of any change in ownership, management or governance structure, business closure, liquidation or receivership. 14. Referenced Documents a. Code of Practice for TSANZ Members b. Consumer Protection Guidelines for TSANZ Members c. Privacy Act 1993 d. TSANZ Telemarketing Code Page 6