No images? Click here April 2024 NewsletterIn this edition…
Conjoint Professor Deborah Cockrell AM Message from the PresidentWelcome to our first edition of the Council newsletter for 2024. Can you believe we are already in April? As President of the Council, and a practising dental practitioner, I like to keep my finger on the pulse of the world of dentistry. Wearing my many hats, I have held a number of conversations with colleagues, peers and Council stakeholders about the role of the Council; the expectations of the public and practitioners, and our obligations as practising health professionals. In past newsletter messages, I have emphasised that people have the right to complain about a dental practitioner. However, just because a complaint is made to a regulatory body, it does not automatically mean that regulatory action is necessary to protect the health and safety of the public. As a regulator, I appreciate the important role the Council plays in protecting the public and in maintaining high standards of patient care. And funnily enough, this same appreciation exists wearing my practising dental practitioner hat too, as I am sure it does for many of you. I also acknowledge that, for some, the regulator is a necessary evil. And I don’t want to sound like a broken record, but I think it is important to emphasise that the Council is not here to be punitive. We work within a protective jurisdiction, which means that any regulatory action taken by the Council is done so purely to protect the public. Now to bust a myth! There may be an impression, pardon the pun, within the profession that the Council “takes sides” when considering complaints, and that it is likely to side with a patient or complainant, and will take regulatory action against a practitioner in the majority of cases. Do you think this is true? If so, consider this… You will note that the vast majority of complaints result in no regulatory action being taken by the Council. And while the numbers within each category vary slightly from year to year, the overall outcomes are generally the same. Prior to reaching a decision regarding a complaint, practitioners are provided the opportunity to respond to the complaint and to make further submissions regarding the allegations. A decision is not based solely on the information contained within the complaint. Any practitioner who receives a complaint should initially contact their indemnifier and professional association for advice and support. It is rare that an initial response to a complaint would necessitate seeking legal advice. I also acknowledge, and appreciate, that some practitioners who are the subject of regulatory action may view these comments differently. However, it is pleasing to note that a number of practitioners who have provided feedback to the Council, reflect that after receiving a complaint and managing the inevitable stresses, the experience has actually had a positive impact on their practice, and in the management of their patients. Further on in this newsletter, Dianne Sales, community member on the Council, has written an article on a community member/consumer’s perspective and expectations, and highlights some of the reasoning as to why a complaint may be lodged with the regulator. I think Dianne raises a number of valid points that can assist us dental practitioners when dealing with patients. If the issues are handled appropriately when they are raised with us by patients, this may avoid some complaints being escalated to the regulator. Some of the themes outlined by Dianne were also identified by the Council when it undertook a review a few years ago on the more serious complaints that had led to regulatory action being taken. These highlighted concerns about the practitioner’s demeanour towards the complainant, and included terms such as “dismissive”, “patronising” and/or “rude”. If you would like to access more information regarding the Council’s complaints management processes, feel free to view the Council’s annual reports. Kind regards Deb Conjoint Professor Deborah Cockrell AM President Call for Expressions of Interest for Council Professional Officer/Authorised PersonExpressions of interest are being sought from suitably qualified and experienced candidates for the joint role of Council Professional Officer/Authorised Person. Professional Officer The professional officer facilitates the implementation of the functions of the Dental Council of NSW (the Council) in accordance with the Health Practitioner Regulation National Law (NSW) by providing expert advice in relation to the management of health, conduct and performance matters for dental students and registered dental practitioners in NSW. Broadly, this involves:
Authorised Person Appointment as an authorised person allows that person, with the specific approval of a health professional council, to exercise powers under section 164 of the National Law, including the power to investigate a complaint, inspect and enter premises and to copy documents. For further information regarding these roles including the position description, selection criteria and application process, please click here. Applications close on 30 May 2024 Connection, collaboration and learning at inaugural HPCA and NSW Councils ConferenceFriday 12 April saw the Health Professional Councils Authority (HPCA) and NSW Heath Professional Councils (the Councils) successfully deliver their first joint all Councils Conference. A diverse collection of speakers and panellists across health regulation came together in Sydney to discuss and explore the latest regulatory themes, challenges and opportunities in the NSW co-regulatory landscape. “Thank you to all presenters, panel members and attendees for participating in the inaugural HPCA and NSW Councils Conference, and to everyone involved in making this event a success. The opportunities provided by this conference to engage with a broad range of stakeholders will surely assist us in maintaining public safety and confidence in the practice of regulated professions in NSW,” said Ameer Tadros, Director, HPCA. Professional Indemnity Insurance – don’t leave home without it!The Council has recently been dealing with a number of matters where practitioners have failed to ensure that their professional indemnity insurance (PII) arrangements were current. The Council thought it timely for a reminder to be provided to all dental practitioners. As you should be aware, registered dental practitioners who undertake any form of practice must have PII arrangements in place. These arrangements must comply with the Dental Board of Australia’s (the Board) registration standard Professional Indemnity Insurance Arrangements. Why do people complain? A community member/consumer’s perspectiveBy Dianne Sales, community member on the Dental Council of NSW My experience dealing with complaints in the health setting prior to joining the Dental Council as a community representative has given me some insight into why complaints occur and how they escalate. My observation since becoming a community representative on the Council has shown the same factors apply to complaints referred to the Council. When providing training on complaint handling to frontline staff I used an exercise where the audience had to consider a time they were unhappy with a service or product, how they reacted, did they complain to the provider or tell their friends or keep it to themselves. If they complained, what was the reaction they received? How did they complain – was it verbal, in writing or did they escalate the complaint? And how did they respond if the complaint was not addressed to their satisfaction? You might want to spend a few minutes thinking about these questions. Your answers might surprise you. Did you get angry? Do you think you were reasonable or perhaps demanding? Were you calm and rational? Then answer, did you get compensated, item replaced, an apology? Or were you still unhappy and escalated your complaint? Or maybe you just told your friends or vented on social media? A customer or patient has a certain level of expectation of the product they are purchasing or service they are paying for. A complaint will often arise when the expectations are not met. In the dental world, a patient wants to have their dental condition corrected, be pain free and have an aesthetically pleasing outcome. If this is not achieved, and the patient chooses to complain, it is important that you address the complaint in a conciliatory manner. Firstly, they want someone to hear their concern and be open to a resolution. One of the best options is to offer the complainant a choice of outcomes – I can do x or y. One option might be an additional cost, but the power is in giving the patient the choice. And don’t forget the genuine apology – this is not an admission of liability. For example, I am sorry you are unhappy with the outcome and would like to find a resolution. The other observation I can make, is that sometimes the outcome expected by the patient is not able to be met. This may be due to a lack of understanding by the patient, language or cultural barriers, underlying conditions, poor oral hygiene etc. Or it may be unrealistic expectations from the patient. If I can give advice to dental practitioners, it would be to ensure you have clear and concise clinical records to support the decision making in provision of treatment. Have you documented and kept a signed consent? Are you sure the patient understands the treatment proposed and have you documented their understanding? Do your documents clearly record any discussion you have had with the patient about the proposed treatment, contraindications, other health issues that may impact outcomes, dental hygiene and underlying conditions? If a matter comes to the Council and the records are poorly kept or at times non-existent, you may find it difficult to refute the allegations made in the complaint. As a community representative, I expect my dental practitioner will have covered all the bases, clearly explain any proposed treatment, potential complications or failure of treatment, have documented my informed consent, be willing to address any concerns I have and make attempts to resolve them in a mutually agreed manner. If you receive a complaint, use it as an opportunity to review the treatment you have provided, identify if there is a pattern of concerns being raised, seek out a mentor or trusted colleague to discuss if needed. You may consider undertaking training in a particular area to improve your skills, or ensuring your staff receive training to address any gaps or to enhance their knowledge and skills. If a complaint has escalated to the Council, taking these steps can be favourable to the outcome of a Council process and you can provide this in your response to the Council. As a Community Member of the Council, I want to know the practitioner has the knowledge and skills to provide safe and quality care that is well documented. One that I would recommend to my family and friends. Council Education and Research Grants – Current round closes 1 May 2024 and next round opens 1 September 2024The 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. Health and Wellbeing Support Service for Dental PractitionersAs 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:
If you are experiencing difficulties, the Council strongly recommends you access this free and anonymous service. |