November 2024 newsletter

Dear NSW Osteopath,

Welcome to the latest edition of the Osteopathy Council of NSW newsletter. Although we are a small profession, we are a proud and passionate one!

As a smaller industry this also means that the behaviour of all of us reflects on our profession as a whole. Although the majority of interactions are positive and productive, sadly there are times when behaviours fall short of the Code of conduct and the opposite occurs. In those rare instances our reputation can be impacted negatively. For this reason, we are including an article regarding mitigating risks, as well as some information around how to handle a complaint in the unfortunate circumstance this occurs.  

Earlier this year Dr Nicholas Re, Deputy President of the Council and I attended the Inaugural HPCA All Council Conference in Sydney. This was a great opportunity to discuss and share information regarding regulation across all professions registered with Ahpra and foster our relationship with the National Board. Regulation is a very important component of Australian healthcare as it helps keep professions accountable and in accordance with their respective Codes of Conduct, as well as fostering trust within the community that we are trying to help and support. 

This newsletter includes items that have been specifically selected to help you - I encourage you to read them carefully and take the opportunity to reflect upon your own practice. What do you do well? What can you do better?

Please enjoy the newsletter, I hope to see you at CPD events in the future.

Kind regards,

Kerrin Murnane
President of Osteopathy Council of NSW 
B.App.Sci.(Osteo) M.Osteo

Mitigating risks for complaints

Navigating the complex landscape of healthcare practice involves not only providing excellent patient care but also ensuring adherence to our professional standards and regulations. As members of the osteopathy community in Australia, it is imperative that we remain vigilant in our efforts to mitigate risks that could put patient care at risk leading to complaints. This article outlines practical strategies and advice drawn from the NSW Osteopathy Council’s resources as well as the Ahpra Code of conduct, to help you manage and prevent potential complaints.

Osteopathy Board of Australia - Code of conduct
Our policies and guidelines

Understanding and Managing Complaints

It is crucial to understand how to effectively handle complaints when they arise. The Osteopathy Council of NSW provides a comprehensive fact sheet which is an excellent resource for navigating the complaints process. It is important to approach complaints with a mindset of learning and improvement rather than with defensiveness. Prompt and empathetic acknowledgement of the patient’s concerns can significantly de-escalate potential conflicts. Always make sure you are transparent about the process of treatment and management and what the patient can expect in terms of follow up.

Adhering to the Code of Conduct

The Code of conduct for Osteopaths in Australia sets forth the standards expected in our profession. These standards are not just guidelines but are pivotal in ensuring a high level of quality care and helping prevent complaints. They cover various aspects of practice, from ethical behaviour to clinical competency and beyond.

Key elements include:

• Good clinical records: Meticulous record-keeping allows for continuity of care and is your best defence in the event of a complaint. Records should be detailed, up-to-date, and stored securely. Please refer to the Code of conduct for further information regarding what is required.
   
• Effective communication: Clear communication with your patients about their treatment plans, progress and any changes are vital. Misunderstandings are a common source of complaints and can often be avoided by ensuring the patient has a clear understanding of their treatment journey.
   
• Professional integrity: This encompasses the honesty and ethical practice expected of all practitioners – behaving in a professional manner, in a professional environment. It involves providing care that is in the best interest of the patients and upholding the trust placed in us by the public.

Preventing complaints

Preventing complaints starts with the observance of the Code of conduct but extends into every interaction with patients and the public. Regularly reviewing and reflecting on your practice and procedures can help identify potential areas for improvement. Engaging with continuous professional development, from a range of sources and topics as well as staying up to date with the latest in osteopathic research and techniques is also crucial.

Case Study: Handling Unexpected Treatment Outcomes

Dr C treated a patient for lower back pain with a series of adjustments and exercises. Despite following best practices, the patient’s condition initially worsened. The patient, upset about this development, lodged a complaint alleging improper treatment. Dr C had documented all treatments and had informed consent but did not discuss the potential for such outcomes with the patient.

Lesson:

This case emphasises the importance of setting realistic expectations and being transparent about the potential outcomes of treatment, including the possibility of temporary worsening of symptoms. Simply including this step would have prevented the complaint being made. Good documentation and clear communication are vital in managing patient expectations and validating the treatment approach.

Conclusion: 

As practitioners dedicated to the well-being of our patients, it is our responsibility to not only provide excellent care but also to ensure our practices are aligned with the expectations of our profession. Please ensure you work and behave in a way that you and your profession can be proud of. By adhering to our Code of conduct, engaging with resources like the Council’s fact sheets and continuously reflecting on our practice we can continue the provision of quality care as well as significantly mitigate the risk of complaints.

Connection, collaboration and learning at inaugural HPCA and NSW Councils Conference

Friday 12 April 2024 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.

Read more about the conference here

Mandatory reporting

By law, registered health practitioners, employers and education providers must make a mandatory notification in some circumstances. Mandatory notifications help to protect the public by ensuring that Ahpra and the national board are alerted to any potential risks to public safety, so that appropriate safety nets can be put in place.

Section 140 of the Health Practitioner Regulation National Law (NSW) defines notifiable conduct.

Notifications about registered health practitioners with a principal place of practice within NSW are managed by the Osteopathy Council of NSW in collaboration with the Health Care Complaints Commission.

Understanding when to make a mandatory notification and when not to, is an important way you can help to protect the public and support your colleagues.

Health complaints and impairment

Impairment is defined under the National Law as:

Impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect:-

(a)  for a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession

(b)  for a student, the student’s capacity to undertake clinical training
     (i)  as part of the approved program of study in which the student is enrolled; or
     (ii) arranged by an education provider.

The Council has an established pathway to manage complaints about health which is constructive and non-disciplinary. We encourage you to read more about how we manage health complaints on our website, there is also some information about self-notifying if you have a health problem you would like help with.