December 2023 Newsletter

Message from the President

Welcome to the final edition of the Council newsletter for 2023.

If you are anything like me, you will be asking yourself the standard December question … where did this year go?!

As I reflect on my first six months as President, I have an increased appreciation for the important role the Council plays in the protection of the public, and for the enormous contribution my colleagues on Council make throughout the year to ensure we fulfil our mandate to ensure public safety.  Thank you to all my fellow Council members.

My appreciation and thanks also extends to our Professional Officers, Authorised Persons, hearing/panel members, assessors, our Assessment Committee and the staff at the Health Professional Councils Authority.  All of these dedicated people play an integral role in our work.

Throughout the year the Council has engaged with a number of its stakeholders, including our co-regulatory partners the Dental Board of Australia and the Health Care Complaints Commission. 

We also engaged with professional associations, indemnifiers and public dentistry service providers. It is clear from these discussions that dental practitioners in NSW aim to provide the best possible care to their patients, and these stakeholders are also doing an amazing job supporting practitioners in the delivery of health care, the provision of continuing professional development, and/or in circumstances where a complaint is received.

As mentioned in a previous edition of our newsletter, people have the right to complain and practitioners have a professional obligation to work cooperatively with a regulator whenever a complaint is made about them.  It is pleasing that the total number of complaints received by the Council has been decreasing year on year and we are hopeful that this continues into the future.

We are also doing our best to provide practitioners with advice, through educative pieces in the newsletter, on complaint trends that we are seeing and how to avoid some common pitfalls.  We hope you find these beneficial.

I am cognisant that, outside of dentistry, a number of events have taken place domestically and/or internationally, and that these events may have affected you and/or your patients personally.  I cannot stress enough the importance of ensuring that you have appropriate support networks in place that can assist you through these difficult times. 

Further on in this edition of the newsletter there are details about Dental Practitioner Support, a free and confidential well-being support service.  You may wish to reach out to them, if you feel you need additional support.

As the end of year fast approaches, I hope you all get the chance to have a break and to spend time with family and friends over the holiday season.  As we all know, and the research confirms, work-life balance is very important and taking time away from our busy professional responsibilities is important for our own health!

Happy Holidays to those who are celebrating over the festive season.  And I wish everyone a happy and prosperous 2024!

Kind regards

Deb

Conjoint Professor Deborah Cockrell AM
President

Council Annual Report 2022/23

The Council’s Annual Report 2022/23, and accompanying President’s message, is now available on the Council’s website.

There was an 11% reduction in complaints lodged compared to the previous financial year. 

The majority of complaints received in 2022/23 were lodged by patients and continue to relate to clinical care, followed by billing and behaviour.

The vast majority of complaints closed by the Council resulted in the matter being discontinued or no further action taken. 

We encourage you to view the full Annual Report, as this provides further information regarding the types of complaints the Council receives and the regulatory action that is taken. 

As the annual report is a combined report with the other Health Professional Councils, you will also be able to read about the work of the other Councils.    

Checklist for practitioners handling feedback and complaints

A checklist has been developed by Ahpra, the National Boards and the Australian Commission on Safety and Quality in Health Care, in consultation with stakeholders and consumers.

The checklist aims to help practitioners effectively handle feedback and complaints when they are first made directly to the health provider.

The Dental Board of Australia’s Code of conduct (the Code) acknowledges that patients have a right to raise concerns or a complaint about their care, and good practice involves the practitioner working with the patient to resolve the issue, locally where possible. However, this does not prevent a person also making a complaint to the Council.

Each year, the Council receives complaints about treatment and/or communication following concerns being raised initially by the patient with the individual practitioner.  Where a patient feels that their concerns have not been addressed appropriately, or not dealt with at all, they may then lodge a complaint with the Council.

In a number of cases, the Council may determine that the overall treatment and care provided was at an acceptable level.  However, concerns may be identified regarding the practitioner’s interaction with the patient.  It may also be acknowledged that, if this interaction was handled differently by the practitioner, it may have resulted in a complaint not being made to the Council. 

It is hoped that this checklist will assist practitioners in dealing with complaints or concerns raised by patients in future.

Obligations regarding maintenance and testing of your steam sterilisers/autoclaves

Through its inspections of dental practice settings, the Council continues to be concerned by the number of steam sterilisers/autoclaves that are not validated or calibrated, and/or where required performance testing is not occurring in line with approved standards, timelines and/or operating manual instructions. The Council felt it timely to provide a reminder to practitioners.

We all know that we must practise in a way that maintains and enhances public health and safety by ensuring that the risk of the spread of infectious diseases is prevented or minimised.  Approved standards must be adhered to at all times when practising the profession.

The Council would like to remind all dental practitioners that you have an obligation to ensure that the steam steriliser/autoclave that you are using has been commissioned on installation. Annual validation and calibration is required and performance testing must be undertaken. Sterilisation records must also be maintained.

It is appreciated that dental practice settings differ, and that individual staff members may be responsible for different aspects of the process.  However, all registered dental practitioners have an obligation to ensure that instruments are sterilised appropriately and that steam sterilisers/autoclaves meet required standards at all times in relation to ongoing maintenance and testing.

Health records: Are you meeting your professional obligations?

The importance of maintaining clear, accurate and up to date health records is a recurrent theme in our regular communications and quite rightly so.

Maintaining patient health records is essential to safe practice, patient safety and continuity of care.  As registered dental practitioners, we all have a number of professional obligations when it comes to health records.  These obligations are outlined in the Dental Board of Australia’s (Board) Code of Conduct (Code). Further information regarding managing health records is also available on Ahpra’s website.

When we complete our on-line registration forms we are stating that we have done all that is required for us to maintain our professional registration. 

National and state laws exist alongside our professional obligations, and these include privacy requirements relating to health record management.  All dental practitioners must be aware of, and comply with, the Code and national and state laws at all times.

Each year, the Council receives complaints from patients, dissatisfied with the treatment and/or care they have received from a practitioner, and/or relating to the lack of access to their health records.

Patients have the right to access information contained in their health records and practitioners must facilitate that access.  We all have a responsibility to promptly facilitate the transfer or management of health information in accordance with privacy legislation and health records when requested by patients, or when closing or relocating a practice. Put simply, if a request for records is received, then we should make all of our records available promptly.

In its assessment of complaints, the Council has identified a number of areas where practitioners are failing to meet their obligations relating to health records.  This is not just in relation to the maintenance of clear and accurate records, but also in relation to the provision of patient access to this information. When patients want to make a complaint, as is their right, delaying or refusing such access can escalate both concerns and emotions.

This stresses the need for contemporaneous records to be kept.  Not only will this benefit patients, when it comes to continuity of care, but it will also assist you, in the event that a complaint is made against you and you are asked to respond.  

The Council receives complaints about clinical care/treatment or concerns about insufficient information being provided to patients by practitioners regarding treatment options, outcomes/risks and/or consent, including financial consent. If you ensure that your records are detailed, and that they cover these areas, you will be in a position to refute any allegations made in the complaint.

The Dental Board of Australia (DBA) has developed a fact sheet, as well as a self-reflective tool, to assist practitioners in complying with their obligations relating to health records under the Code.  We recommend that you look at these resources and undertake a self-review today. If any patient asked for a copy of their records tomorrow, would you be confident that these were compliant?

Your professional association can provide advice and/or assistance in accessing continuing professional development about maintaining health records.

The Office of the Australian Information Commissioner provides information on privacy laws for practitioners.  

Draft guidelines for practitioners who perform and advertise non-surgical cosmetic procedures

Ahpra and the National Boards are consulting on a number of draft guidelines that are relevant to registered health practitioners who perform and advertise non-surgical cosmetic procedures.  This includes dentists.

To review the draft guidelines and to have your say, please visit the consultation pages. 

The consultation closes on 2 February 2024.

TGA Point-of-care manufacturing of medical devices information and resources

The Therapeutic Goods Administration (TGA) has updated its website to include a dedicated Point-of-care manufacturing of medical devices webpage.  For further information, please visit the TGA’s website.

Council Education and Research Grants – Next round opens on 1 March 2024

The Council protects the public by managing complaints about conduct, performance and health matters concerning registered dental practitioners practising in NSW and health and conduct matters related to registered students training in NSW.

Under section 41S of the Health Practitioner Regulation National Law (NSW) the Council may establish an Education and Research Account to provide funding for research and education purposes relating to the health, performance and conduct of registered dental practitioners and students.

The Council’s Education and Research Program provides Grants to applicants to undertake approved research/education projects – up to $10,000 per application. Grants are available to applicants who are registered dental practitioners (all divisions) whose principal place of practice is in NSW, or registered students (all divisions) training in NSW. Grants may be awarded to individuals, groups or institutions.

Examples of the types of projects the Council may support include:

• Identification of areas of need in the Council’s regulatory programs. For example, deficiencies in educational programs that lead to registration, identification of risk factors associated with complaints, or the assessment of outcomes relating to health, performance or conduct pathways
• Development and evaluation of Continuing Professional Development courses or training that will support the Council’s regulatory activities. For example, professional ethics, regulatory processes, or training for members of the Council, Tribunals or Panels
• Preparation, coordination and conduct of conferences to convey outcomes of research relevant to the Council’s regulatory work.

The Research and Education Grants Guidelines provide further information about the application process.  To apply, please use the Research and Education Grants Application Form.

The Council calls for applications twice a year.  Applications for the mid-year round of funding open on 1 March and close on 1 May, and the end of year round of funding opens on 1 September and closes on 1 November.

For more information, please visit the Council’s website.

Health and Wellbeing Support Service for Dental Practitioners

As we all know, maintaining our own health and wellbeing is of utmost importance.  We also appreciate that individual personal and/or professional circumstances may result in us requiring extra support at certain times in our lives.

This may include when a complaint has been made about you.  We acknowledge that this can be a very stressful time, regardless of whether you feel you have done anything wrong. 

The Dental Board of Australia has funded a nationwide health and wellbeing support service for dental practitioners.

Dental Practitioner Support is the first national 24/7 telephone and online service for all dental practitioners. The service also offers support to dental students, educators, employers, Australian Dental Council exam candidates and concerned family members.

An experienced team of counsellors will provide confidential and immediate support, advice and referral on a wide range of health and wellbeing related issues. The service runs independently of the Board.  Anyone calling the service does not have to give their name.

Access Dental Practitioner Support:

• 1800 377 700
• dpsupport.org.au

If you are experiencing difficulties, the Council strongly recommends you access this free and anonymous service.

Health Professional Councils Authority (HPCA) office closure

The HPCA office will be closed from Monday, 25 December 2023 to Friday, 5 January 2024.

The HPCA will continue to process urgent complaints during this period. Less urgent matters may not be dealt with until the week beginning Monday, 8 January 2024. If you have any queries, please contact the HPCA/Dental Council team prior to the office closure at hpca-dentalcouncil@health.nsw.gov.au