Speak Out December 2019 V2 DIGITAL EDITION

Ethics

Hot topics in Ethics Member contacts and complaints in 2019

• what to do if records are not maintained appropriately; • the legislation that is specific to their professional context. SPA has an FAQ on this topic, and provides guides and templates on the Private Practice Essentials page Employment of a speech pathologist The ethical standards that apply when employing a colleague or becoming an employee are described within the Code of Ethics (in particular standards 3.2, 3.4.1, 3.4.2). However, many members require support and advice when the employment relationship is fraught or breaks down. In the majority of situations, an underlying issue is one of professional communication between the two parties, that is, how we demonstrate our respect for each other when having difficult conversations and maintain a professional level of communication. Another key issue for members is when a Restraint of Trade Clause in a contract applies to their situation. Advice includes ensuring that a contract for employment is written, received and read prior to commencing employment, so that all parties are aware of the obligations they have agreed to. Conflict of interest Members require support and advice if they are considering provision of professional services to: • a friend or relative; • are practicing in a small community where everyone knows each other; or, • if a conflict of interest arises with an employer. The presence of a potential conflict of interest does not automatically result in an inability to provide services, however there is a need to identify and manage potential difficulties that may arise due to those prior relationships. See the SPA FAQ here. Professional competency and integrity During 2019 there has been an increase in queries from members and the public regarding concerns about the professional conduct or competency of a speech pathologist. This may be the result of many factors, such as: • an increase in access to speech pathology within consumer directed care models of service delivery, which supports clients to consider whether they are satisfied with what is being provided; • an increase in interactions between speech pathologists; • opportunities for dual servicing; • increased interactions on social media. All speech pathologists desire respect and fairness in interactions. it is appropriate for all to demonstrate those principles in interactions with colleagues, clients, other professionals. Guild has produced a guide linking respectful communication to reduction in complaints, which includes useful reminders for all professionals.

As we prepare for the last few weeks of 2019 and begin to think about what opportunities and challenges 2020 will bring, it is timely to reflect on what has happened so far this year. Here are some insights into the ‘hot topics’ for ethical queries to National Office and discussions we have had with members about dilemmas faced in professional practice. Formal complaints Reflecting on the formal complaints that have been received or managed during 2019, including investigation or completion of actions following an outcome, can be useful when considering our own practice. Reflection can assist us to consider how we demonstrate professionalism and ethical behaviour in our work. The numbers of formal complaints to SPA are low: nine were received in 2018, three to date in 2019, however each is highly significant to the people involved. Of course, the details are confidential, however, members will benefit from reflecting that the topics below have all been represented in formal complaints, as well as in queries to National Office, in the last 12-18 months. A new FAQ on ‘what happens if a formal complaint is received about me’ has been developed, and will be supplemented by This is the most common ethical standard that members call to discuss or email queries about, or SPA contacts members to provide advice on appropriate standards of practice: • the information we provide to clients: information about the diagnoses we make, the evidence for intervention we provide, the reasoning behind our decisions; • advertising methods we use: website, social media (Facebook page for the practice, Twitter, Instagram etc), flyers. Information on SPA’s advertising policy and resources to help members comply with appropriate standards of advertising can be found here ; • information we provide to other professionals, issues such as plagiarism, forgery of reports. Consent and confidentiality • When parents of a child client are separated. • When a solicitor requests a file. • When working with a client in an external location, such as a residential facility, a school See the SPA FAQs on consent , compliance with parenting orders , risk management. The risk management resources have been provided by Guild Insurance specifically for speech pathologists relating to challenges members have faced and required support through their insurance, that is, based on real situations members have encountered. Client records Maintenance of timely, accurate and sufficient records is a legal and ethical responsibility for all speech pathologists. Members contact SPA for advice on: • how to ensure records are appropriate; another for people who wish to make a complaint. Accurate and timely information

Trish Johnson Manager Ethics and Professional Issues

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December 2019 www.speechpathologyaustralia.org.au

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