Code of Practice

1. INTRODUCTION

This Code of Practice sets out standards of conduct and training for practitioners in the Massage and Allied Health professions. Acceptance and observance of the Code is a condition of membership of the participating associations, and members are expected to comply with both the letter and the spirit of the Code.

The Code shall be supervised and administered by the Code Administration Committee of the National Council of Massage and Allied Health Practitioners. The Committee may issue determinations from time to time for the purpose of interpretation of certain sections of the Code.

Complaints concerning alleged breaches of the Code should be reported in accordance with the procedures shown in this Code.

Failure to comply with the Code will result in sanctions being applied under the provisions of Section 3.7. of this Code. Adherence to this Code in no way reduces members responsibilities to comply with the Trade Practices Act, Commonwealth and State Therapeutic Goods Acts and other requirements, and legislation either Local, State or Commonwealth Government.

The objectives of this Code are:

The Code has been developed after extensive consultation wilt associations from throughout Australia and the National Council of Massage and Allied Health practitioners would like to acknowledge the invaluable input to the project by the following people who have ratified this code.

Anne Cousins, Senior Policy Officer, Research and Economics, Department of Justice, Office of Fair Trading and Business Affairs, Victoria

Ms Vivienne McCutcheon, Acting Health Services Commissioner, Victoria

Mr Bill Dee, Director, liaison and Industry Self Regulation Unit, Australian Competition & Consumer Commission, A.C.T.

Mr Roy Ormerod, Manager, Conciliation and Enforcement Branch, Office of Consumer Affairs, Tasmania

1.1 DEFINITIONS

In this Code of Practice:

2. APPLICATION

 The National Council is comprised of the following associations:

All participating associations have agreed to adopt the Complaints Resolution and Disciplinary Procedures as stated in this Code of Practice and to adopt both the Code of Ethics and Code of Practice of the National Council.

See Appendix 1 for contact details for all participating associations.

All members of participating associations are required to display the Code of Ethics in a prominent place in their clinics and are bound by that Code of Ethics and Code of Practice of the National Council.

3. RULES

  3.1 DUTY OF CARE

The primary professional duty of a practitioner is to competently assist the client to optimum health, within the circumstances of the client's condition.

Under no circumstances will a practitioner knowingly undertake any action or treatment that would adversely affect the health of a client.

The practitioner will act at all times with honesty, integrity and responsibility, to uphold the standards of the National Council.

The National Council expects the practitioner not to presume a specialist knowledge outside their own training.

It is essential that the practitioner clearly communicates to the client all aspects of the treatment according to the reasonable standards of the profession.

Information concerning fees charged for services will he clearly displayed in the clinic and brought to the attention of the client prior to treatment.

The practitioner will, at all times, concede that the client has the ultimate say in what treatment they will accept. They will obtain the client's consent to treat the parts of the body indicated, prior to treatment, and ensure that the client understands the treatment offered and material risks involved and is willing to accept this treatment.

The practitioner will consider the client's comfort and privacy during treatment.

Treatment may be refused to any client if, in the practitioner's professional opinion, treatment is inappropriate.

The practitioner will not enter into an intimate or sexual relationship with a client under their care.

The practitioner will at all times show due respect for, and co-operate with, other health practitioners.

The practitioner will only practice in the disciplines in which they have been trained and refer to another practitioner where appropriate.

The practitioner will ensure that they are medically, physically and psychologically fit to practice.

No practitioner shall use essential oils for internal indigestion or internal application nor shall any practitioner advocate or promote such use of essential oils, unless the practitioner has medical, naturopathic, herbalist or similar qualifications, and holds an insurance policy which specifically covers the internal application of essential oils.

Information obtained from or about a client will not be disclosed unless consent has been given in writing, and then only to the extent of the agreed disclosure, or where required to disclose records by law.

Clients have the right to view or receive a copy of their records.

The practitioner will maintain detailed client records which should also include an account of any correspondence, written or verbal, between the practitioner, client and/or other health practitioners.

Minors (under 16) must have written consent from parent/guardian for disclosure of information.

The practitioner will advertise their services honestly and clearly, claiming only to use disciplines in which they are trained.

The practitioner will not use titles or descriptions which give the impression of medical or other qualifications to which they are not entitled.

The practitioner will advertise in a truthful, accurate and unambiguous manner and not mislead in any way for the purpose of informing members of the general public as to their location, contact details and areas of specialised practice.

Claims as to the therapeutic benefit of a service must be capable of substantiation.

Where a fee is stated in an advertisement, it must be an accurate representation of the actual fee. Where conditions are attached to the fee, these must be disclosed.

If products are used, claims as to the merit, quality, special property or uniqueness of the product must not be made unless these can be substantiated.

Association membership and the practitioner's surname/family name will be used in any advertising, including when a business name is used.

When making public statements, the practitioner will make it clear they are voicing their personal opinion(s) and not representing the National Council.

The practitioners will maintain a current First Aid Certificate (Level 2) or national equivalent.

The practitioners will hold public liability and professional indemnity insurance cover to a minimum of $l million.

3.6 HYGIENE, EQUIPMENT, PREMISES

3.6.1 Professional Hygiene

The practitioner will maintain a high level of personal hygiene including cleanliness of hands, appropriate clean clothing and will cover any broken skin on their hands or arms with an appropriate dressing.

All equipment that comes into direct contact with the client must be cleaned after each client.

All oils, creams, gels etc. used in treatment must be dispensed in such a way that the potential for cross infection is minimised.

All soiled linen will be laundered or disposed of in an appropriate manner.

Both the client and practitioner should have access to a clean toilet and hand basin.

All linen should be appropriately stored to prevent possible soiling.

Professional premises will he kept in a good state of general repair, comfortably warm, well lit and ventilated and maintained to a high standard of cleanliness.

A member of any of the participating associations who acts in breach of this Code of Practice will he dealt with in accordance with the Complaints Resolution and Disciplinary procedures of the National Council as laid down in this Code of Practice under Section 5.2.

4.COMPLAINTS RESOLUTION PROCEDURES:

4.1 COMPLAINT INFORMATION SHEET

When a potential complaint is received by an association about any practitioner, the association will send to the complainant a Complaint Information Sheet giving contact details of the State Liaison Officer appointed by the National Council. The Complaint Information Sheet will contain procedural steps to bring about a resolution. The complainant will be encouraged to resolve the complaint directly with the practitioner.

4.2 DUTIES OF STATE LIAISON OFFICER

When a written complaint is received by a State Liaison Officer, their duties will be:

5. DISCIPLINARY PROCEDURES:  

5.1 NATIONAL COUNCIL COMPLAINTS COMMITTEE

5.1.1 Structure of the National Council Complaints Committee

This will consist of:

Once written evidence is received from the State Liaison Officer, the Committee will convene promptly to make a determination. Usually, the parties will not be required to attend the hearing in person unless there are, in the opinion of the Committee, exceptional circumstances or if requested by either party.

Hearings will be held as required and parties will be notified to writing within seven days of the determination.

The Committee is not bound by the rules of evidence but can inform itself in anyway it sees fit and can, if appropriate, seek expert medical, legal or other opinion.

Determinations will he made on the basis of Code rules and what is considered fair in all the circumstances of a case.

Determinations will be made on a majority decision of two to one and will be binding on both parties.

The Committees decision will be the full and final settlement of the complaint.

5.1.3 Powers of the National Council Complaints Committee.

The Committee can make whatever determinations it sees fit to resolve a complaint including, but not limited to:

5.2.1 Structure of the National Council Disciplinary Committee

This shall consist of three members of the National Council Administration Committee.

5.2.2 Procedures of the National Council Disciplinary Committee

The National Council Disciplinary Committee after receiving recommendations from the National Council Complaints Committee, may, after their own deliberations, apply any one or more of the following sanctions, to be carried out by the member association where relevant.

If the matter is not resolved to the satisfaction of the complainant, they may refer the matter to the Health Services Commissioner Victoria or the equivalent State or Territory counterpart.

If a member is expelled from an association they have the right to request that an appeal be heard by an independent person. An appropriate person to be appointed by the National Council Administration Committee.

6. TRAINING STANDARDS

A National Competency Standards project is to be undertaken by the National Council in conjunction with the National Community Services and Health Industry Training Board.

7. NATIONAL COUNCIL ADMINISTRATION COMMITTEE  

7.1 STRUCTURE OF THE ADMINISTRATION COMMITTEE

There shall be established an Administration Committee whose members shall comprise:

7.2 ROLE OF THE ADMINISTRATION COMMITTEE

The role of the Administration Committee is to:

8. PARTICIPATING ASSOCIATIONS  

8.1 ROLE OF THE PARTICIPATING ASSOCIATIONS

Participating associations shall:

APPENDIX 1  

Contact details for participating associations: