Code of Ethics
College of Physiotherapists of New Brunswick
Includes Amendments – AGM 2001
Preamble
Physiotherapists are responsible for adhering to
and promoting ethical practice. The Code of Ethics for
Physiotherapists sets forth the fundamental ethical principles
that physiotherapists, and those preparing to enter the profession,
should accept to fulfil their obligations to clients, the profession
and society. By providing a series of guidelines for ethical
practice, this Code helps physiotherapists interpret what
constitutes appropriate conduct in situations of uncertainty; it
also serves as a basis for reflection and self-evaluation. That
said, the Code can neither alleviate the distress that often
accompanies ethical decision-making, nor act as a substitute for the
individual practitioner’s commitment to act with integrity.
Keep in mind that the Code is a general
guide for ethical practice, and not an encyclopedia of the
regulations, standards and policies that govern the profession. No
attempt has been made to indicate areas where there is overlap
between legal and ethical requirements or to cross-reference ethical
principles to corresponding laws, professional standards and
guidelines. Because the primary objective has been to address broad
ethical obligations, the onus is on individual physiotherapists to
maintain a working knowledge of, and comply with, the legislation
and policies in force in the workplaces and jurisdictions in which
they practice. It is recognized that circumstances vary; factors
such as the individual client, practice setting, resource
limitations and so on, must be considered when physiotherapists make
practice decisions.
The Code also reflects the profession’s
commitment to use its knowledge and expertise to promote, to the
extent possible, the welfare of all members of society. For those
outside the profession, the Code helps instill confidence in
the discipline, and serves as a concrete reminder of the high
standards of ethical conduct that have come to be synonymous with
the practice of physiotherapy.
Since the text of the Code of Ethics is an almost
identical copy to that of the College of Physiotherapists of
Ontario, we thank and credit them for their leadership and
generosity in sharing their expertise.
Part 1: The Individual Practitioner
Commitment to the Client, Profession and Employer
The physiotherapist has ethical obligations to the client and the
profession, as well as her or his employer(s), colleagues and the
agencies with which he or she interacts.
To the client :
The physiotherapist is obligated to render optimal physiotherapy
care by recognizing the unique health needs of each of her or his
clients and by placing these before all other considerations.
Integral to exemplary professional practice is the physiotherapist’s
commitment to provide safe, effective care in accordance with the
profession’s standards and values, and to refuse to participate in
any arrangement that could be construed as a conflict of interest or
as financial, emotional, physical or sexual abuse.
To the profession: The physiotherapist is obligated to
uphold the dignity and honour of the profession by practicing in
accordance with its standards and values, and by participating in
initiatives aimed at improving these standards. The physiotherapist
should accept the ethical principles of the College, and refrain
from engaging in any activity that would violate the Code of
Ethics or bring discredit upon the profession. The
physiotherapist should also contribute to the betterment of the
profession by supporting associations and institutes engaged in
physiotherapy education, research and advocacy.
To the employer: The physiotherapist is obligated to
ensure that her or his practice conforms to the rules, regulations
and guidelines set out by the College. When there is a discrepancy
between the employer’s requirements and those of the College, the
onus is on the physiotherapist to ensure that the terms or
conditions under which he or she is practicing do not compromise her
or his ability to deliver quality care.
ETHICAL GUIDELINES
The physiotherapist:
1.1 Acts in the best interests of the client, giving the
client’s concerns priority.
1.2 Is discouraged from entering physiotherapist-client
relationships in which the physiotherapist’s judgment
regarding client service could be compromised, e.g., in the
treatment of family members.
1.3 Recognizes the power imbalance inherent in all
physiotherapist-client relationships and respects professional
boundaries.
1.4 Refrains from making remarks or gestures that may be
interpreted as sexually demeaning and from engaging in any
sexual relationship or activity with the client.
1.5 Refrains from exploiting the physiotherapist-client
relationship to enhance her or his own personal income, e.g., by
failing to disclose personal financial interests in services
recommended to clients.
1.6 Refrains from participating in any arrangement that
financially rewards referral sources.
1.7 Stays well-informed of, is guided by, and assists the
profession in improving its standards and values.
1.8 Serves the agency/employer fairly and honestly.
- States explicitly any reservations concerning the standards
or values of the agency/employer, and attempts to rectify
employment practices that are in conflict with the profession’s
ethical principles.
- When working for non-physiotherapists, assumes
responsibility for verifying that such arrangements do not
violate the ethical principles of the profession.
1.11 Avoids over-utilization of her or his services by:
(i) ensuring that the type and duration of treatment
reflect current scientific evidence; and
(ii) discontinuing treatments when they are no longer
necessary or effective.
1.12 Charges fees that are reasonable for the services
performed.
1.13 Refrains from using any form of promotional
communication that contains false, misleading or sensational
claims, makes reference to a product, fee or commercial
promotion, or solicits the patronage of clients known to be
under the care of another member.
1.14 When providing public information or education outside
her or his regular practice, refrains from addressing individual
problems or providing any type of physiotherapy service.
1.15 Refrains from counseling or helping a
non-physiotherapist to practice physiotherapy.
1.16 Refrains from engaging in behaviour that could be
construed as harassment or abuse of colleagues, associates or
employees.
Competence
The physiotherapist has the necessary education, judgment, skill
and experience to deliver services in accordance with the profession’s
Standards of Practice. Such services include client care,
education, research and administration .
ETHICAL GUIDELINES
The physiotherapist:
1.17 Presents professional qualifications honestly.
1.18 Engages in life-long learning to continually improve
practice.
1.19 Demonstrates commitment to continuous quality
improvement, e.g., by participating fully in the College’s
professional development and competency initiatives.
1.20 Refrains from practicing outside her or his level of
competence.
1.21 Refrains from providing services if her or his ability
to do so is compromised, e.g., by chemical impairment or
emotional distress.
Respect for the Client as an Individual
The physiotherapist is responsive to the differing needs of each
individual and respects the client’s right
to privacy, dignity and fair treatment, regardless of her or his
ability to understand and consent to the prescribed course of
therapy.
ETHICAL GUIDELINES
The physiotherapist:
1.22 Recognizes each client’s unique mix of characteristics,
including gender, age, ethnic origin, religion, culture, language,
sexual orientation, health status and need for physiotherapy
services.
1.23 Ensures that the client is addressed and treated
respectfully, and that he or she receives attention according to
individual need.
1.24 Assists the client in expressing her or his needs.
1.25 Respects the client’s right to make an informed
decision when they may be able to choose among available
physiotherapists, facilities or services by disclosing fully and
honestly all relevant information, e.g., factors, including
resources and policies that could influence the client’s
choice of publicly funded or private services.
1.26 Recognizes the client’s right to have her or his
physical modesty and psychological privacy protected.
1.27 Acts on the client’s behalf, when necessary, encouraging
others to respect the client’s rights and dignity.
Truthfulness and Appropriate Disclosure of Information
In general, physiotherapists should facilitate informed
decision-making by respecting the client’s right to participate in
treatment decisions and to be informed of the potential risks and
benefits of treatment options. In cases where, in the
physiotherapist’s opinion, truthful disclosure of information
could result in harm to the client, the physiotherapist must decide
how to be truthful, yet minimize the risk of harm.
ETHICAL GUIDELINES
The physiotherapist:
1.28 Answers client questions truthfully, objectively and as
completely as possible.
1.29 Seeks the assistance of appropriate health care
practitioners to answer client questions beyond the scope of
physiotherapy practice.
1.30 Provides information required to help clients make
informed decisions about physiotherapy services, e.g., the
purpose and effect of specific interventions, potential risks,
and the anticipated frequency and duration of service.
1.31 When referring the client to another physiotherapist,
health practitioner or facility, informs the client of:
(i) the reason(s) for the referral;
(ii) the relative cost of services, if known;
(iii) the information that will be shared with the
practitioner;
(iv) any interest or involvement in the referral.
1.32 Provides information in ways that will prevent harm to
the client and offers appropriate emotional support or referral
to other health professionals, if beyond scope.
1.33 Informs the clients promptly if any errors have occurred
during the course of treatment.
Client Autonomy
The physiotherapist respects the client’s right to make choices
about health care, to receive adequate information about the pros
and cons of a proposed course of treatment and to accept or refuse
such treatment without coercion.
ETHICAL GUIDELINES
The physiotherapist:
1.34 Respects the client’s right to make decisions about
health providers, facilities and services, as resources and
policies allow.
1.35 Refrains from coercing the client’s consent or
penalizing the client if he or she refuses an intervention prior
to, during, or following a treatment.
Confidentiality
Physiotherapists are obligated to maintain the privacy of clients’
personal information, and must not disclose such information to
anyone without proper client authorization, (including e.g.,
agreements between clients and Third Party Payers.) While
information about the client is often shared among members of the
health care team to facilitate quality care, the onus is on the
physiotherapist to ensure that any personal or irrelevant
information about the client or her or his conduct or affairs
remains confidential.
ETHICAL GUIDELINES
The physiotherapist:
1.36 Maintains the privacy of the clinical record, as well as all
information relating to the client’s personal conduct and affairs.
1.37 Discusses the client’s personal information only with
her or his permission or as law permits to protect the welfare
of the individual or the community.
1.38 Prior to initiating service, explains any foreseeable
limitations on preserving the confidentiality of information to
the client, e.g., legal obligation to report when an examination
is conducted on behalf of a third party.
Client Well-Being
The physiotherapist’s primary goal is restoring, to the extent
possible, the client’s health-related quality of life and physical
function. To fulfil that goal, the physiotherapist must, at all
times, be guided by concern for the client’s psychological and
physical welfare.
This obligation should extend to helping the client understand
and comply with her or his treatment instructions, and to ensuring
that the client’s concerns with respect to the decision to
withdraw treatment when it is no longer necessary or effective are
addressed in a supportive and compassionate manner.
ETHICAL GUIDELINES
The physiotherapist:
1.39 Maintains ongoing and constructive communication with
the client and, where appropriate, with the client’s
significant others.
1.40 Within the constraints of the practice setting, strives
to honour the client’s freedom of choice in selecting service
providers, and facilities referral to other physiotherapists or
health professionals at client’s request.
1.41 Within the constraints of the practice setting, may
withdraw services after providing the client with reasonable
advance notice and/or taking steps to transfer the client’s
care to another physiotherapist.
1.42 Ensures that all components of physiotherapy care comply
with the profession’s Standards of Practice and College
guidelines.
1.43 Within the health care system, identifies issues
regarding the client’s well-being which may need to be
addressed by those responsible for providing service to the
client.
1.44 Refrains from assigning to non-physiotherapists any
activity that requires the unique judgement, skill and knowledge
of a physiotherapist.
Fairness to Clients
The physiotherapist is committed to promoting the well-being of
all clients. Within the constraints of the practice setting, the
physiotherapist uses professional judgment to fairly apply
priorities for client intake, allocation of time, and criteria for
discharge.
ETHICAL GUIDELINES
The physiotherapist:
1.45 Understands and complies with policies guiding
distribution of resources in the workplace and helps improve
such policies when necessary.
1.46 Advocates on behalf of the client whose needs are not
met within the established practices, policies and resources of
the practice setting.
1.47 Follows a personal ethical framework for use in making
decisions about fairness to clients.
Collegiality
Improving the client’s well-being may require the contribution
of many health care providers. Collaboration and communication are
essential to ensuring quality service.
ETHICAL GUIDELINES
The physiotherapist:
1.48 Assists other physiotherapists and health professionals as
requested or needed.
1.49 Respects the members of the health care team and recognizes
their expertise.
1.50 Shares information with team members, provided client
consent is obtained where required.
1.51 Collaborates with team members in the planning and
evaluation of client care.
1.52 Intervenes, as needed, if any member of the health care
team appears to be providing service to the client in an
incompetent, incapacitated or unethical manner.
1.53 Refrains from providing care in cases where a second
practitioner is treating the client and:
(i) the services constitute a duplication;
(ii) the second practitioner is known to have conflicting
treatment philosophies or client care objectives;
(iii) the second practitioner
has a similar scope of practice and client care objectives, but
there is no communication or consultation between practitioners.
Integrity
The physiotherapist’s commitment to act with integrity is
fundamental to the delivery of professional service. Challenges can
arise as a result of many situations, including conflict between an
individual’s conscience and a client’s request, or between the
physiotherapist’s standard of service and that of the employer or
agency.
ETHICAL GUIDELINES
The physiotherapist:
1.54 Reviews options for action when faced with difficult
decisions, consulting colleagues as needed.
1.55 Reviews, and observes in practice, her or his personal
ethical principles, ensuring that they remain consistent with
the expectations for ethical conduct established by the College.
1.56 Refrains from providing service when doing so would violate
her or his fundamental ethical values, and provides a referral to a
practitioner who will deliver the necessary care.
1.57 Makes known possible conflicts between personal values and
those of employers, agencies or third-party payers and, where
possible, attempts to resolve such differences.
Part 2: The Profession as a Whole
Education
Quality education in both clinical and academic settings is
essential to the effective practice of physiotherapy. The profession
is responsible for preparing educators, designing suitable
curricula, and selecting, evaluating and supervising students. The
physiotherapist-educator should use the Code of Ethics as a
teaching tool and exemplify its principles by serving as a role
model for ethical conduct.
ETHICAL GUIDELINES
The profession:
2.1 Helps ensure physiotherapy students attain a high
standard of client care by encouraging its members to
participate, wherever possible, in educational and mentoring
opportunities, e.g., student placements and supervised practice
arrangements.
2.2 Promotes ethical conduct in all aspects of educational
activity by, at a minimum requiring its members to:
(i) respect the rights of individual students and
interact with them in a professional manner, both in
clinical and academic settings;
(ii) demonstrate ethical practice in all aspects of
clinical education; and
(ii) report to the appropriate authorities illegal or
unethical conduct among administrators, educators or
students.
2.3 Advocates the study and observances of the profession’s
ethical values in undergraduate and continuing education for
physiotherapists.
Research and Accountability
Ongoing research into the science, teaching and practice of
physiotherapy is necessary to advance the profession. Aspects of
research emphasizing ethical issues and the importance of
evidence-based practice should be included in the curricula, and
used to demonstrate both accountability for the delivery of services
to individual clients and concern for the welfare of society as a
whole.
ETHICAL GUIDELINES
The profession:
2.4 Promotes physiotherapy research that contributes to
improved client outcomes and supports the incorporation of
resulting evidence into practice.
2.5 Teaches and observes the principles of research ethics and
prevailing ethical standards.
2.6 Educates physiotherapists on standard research ethics review
processes.
2.7 Reports research that appears to be unethical or illegal,
or that violates the organization’s established research
protocols or the laws of the jurisdiction in which the research
is conducted.
2.8 Demonstrates to the public and stakeholders how a
commitment to high quality, ethical care translates into
cost-effective health outcomes for consumers.
2.9 Protects the public from unethical or incompetent members
by establishing programs to advance physiotherapy practice and
by providing remediation or discipline where performance falls
below acceptable standards of practice.
Part 3: The Profession and Society
Communication of Professional Values
The profession represents its values to the public both formally,
through official activity with various groups, and informally,
through physiotherapists in practice.
ETHICAL GUIDELINES
The profession:
3.1 Participates in collaborative activities where its expertise
can be helpful.
3.2 Accepts and creates opportunities to inform the public
about its values, positions and activities.
Advocacy for Quality Care
As part of its commitment to promote the health and welfare of
all members of society, physiotherapists should participate in
community initiatives, particularly when these are aimed at ensuring
that all citizens have reasonable access to physiotherapy and other
health care services. Advocacy for improved access, or activities to
heighten awareness of the importance of timely intervention and
preventive health care, should be undertaken publicly and, where
appropriate, in cooperation with other health and community groups.
ETHICAL GUIDELINES
The profession:
3.3 Advocates for adequate availability of and access to
physiotherapy services.
3.4 Contributes to the public debate on service availability,
emphasizing evidence-based solutions and the profession’s
commitment to clients and society.
3.5 Conveys accurate information about the adequacy of access
to physiotherapy services and suggests ways to improve access.
3.6 Develops materials to assist physiotherapists in dealing
with the ethical aspects of access-to-treatment issues.
3.7 Collaborates with other health care groups in public
education activities.
3.8 Cooperates with other groups to resolve particular
problems or address specific needs.
3.9 Advocates for quality physiotherapy care in the work
setting and in the health care system.
Organized Labour
Many physiotherapists are members of organized labor groups. Any
job action taken by these groups may raise concerns about the
profession’s commitment to the well-being of its clients.
ETHICAL GUIDELINES :
The profession:
3.10 Respects the ethical and legal right of individual
physiotherapists to join labour groups.
3.11 Requires that client safety be maintained during any job
action.
3.12 Endorses the right of individual physiotherapists to
decide whether to participate in job action.
3.13 Insists that the public is informed in advance of any
job action and collective arrangements are made for the safety
of clients while such action is in effect.
Conclusion
Physiotherapists are expected to demonstrate sound moral judgment
and personal integrity, and maintain respect for the law in both
their personal and professional endeavors. Because the profession,
through the College, has the legal power to investigate complaints,
order remediation and discipline members found guilty of misconduct
or incompetence, the physiotherapist who fails to comply with the
laws and regulations governing the practice of physiotherapy may
face significant professional consequences, including suspension or
revocation of her or his certificate of registration. Members are
expected to use the Code of Ethics as a guideline to determine the
propriety of their professional conduct.
No set of guidelines could possibly cover all situations that
arise in practice. The ethical principles upon which this Code
are based, however, can be universally applied. Recognizing that
legislation, knowledge, technology, population and client needs are
evolving, the College has prepared its Code of Ethics as a
working document. The Code will be updated periodically to
incorporate your feedback and to reflect changing patterns in
professional practice and in the funding and delivery of
health care in New Brunswick.
September 2000 & October 2001
The information contained in this Code of Ethics may be time
limited. Persons referring to this information more than two years
from the date of publication should contact the College to confirm
that the information is current.
|
|