Medical Practice in New Zealand (2013) PDF

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013
2013: edited by Ian StGeorge

MD FRACP FRNZCGP DipEd
Published by the Medical Council of NewZealand
Editor
Ian StGeorge MD FRACP FRNZCGP DipEd
Editorial board
Andrew Connolly BHB MB ChB FRACS Judith Fyfe LLB Steven Lillis FRNZCGP MGP DipSportsMed Philip Pigou LLB DipBusStud. Richard Sainsbury MA PGDipArts MB ChB FRACP Michael Thorn BA DPH
First published in 1988 by the Medical Protection Society as Medical practice and professional conduct; in 1995 by the Medical Council of NewZealand as Medical practice in NewZealand: aguide to doctors entering practice, and in 1999, 2001, 2003, 2004, 2006, 2007, 2008, 2009 and 2011 as Coles Medical practice in NewZealand. This revised and updated 12th edition published electronically by the Medical Council of NewZealand, Level 13, 139 Willis St, Wellington 6142. Medical Council of NewZealand, February 2013. nypart of this publication may be reproduced for legitimate purposes provided authors A and source are acknowledged. ISBN 9780992246006
Preface to the 12th (2013) edition

This book is primarily for doctors beginning practice in NewZealand graduating in NewZealand or educated elsewhere. Y ouare welcome here: our country needs your services and we value your knowledge and skills. Thefirst editor of this book, Professor David Cole, wrote in his 1995 introduction, heaim has been to set down aspects of medical practice in this country that can loosely be T regarded as concerned with professional medical conduct and practice. Most of this conduct is established by law, codes or by guidelines but in some instances the essentially dynamic standards are established by accepted practice or from case experience of disciplinary tribunals N otonly does the text outline various medical professional practices what should be done but also what should not be done, and the consequences. profession is a group that regulates itself, but self and state regulation must run side by A side. Thepublic interest must always take precedence over vested interest; competence must be maintained, ethical standards upheld, the regulatory process carried out by competent people, the processes transparent, fair, effective, flexible and responsive. I nNewZealand, society permits self regulation by doctors but requires accountability in return, an accountability that doctors acknowledge by good medical practice in terms of demonstrable performance, and maintaining good health and proper conduct. Quality is enhanced by competition among providers only when consumers are knowledgeable about the goods or services they buy. Competition works for bakeries, shoe shops and hairdressers, but it has limited and sometimes perverse results in the professions. Doctors do have special knowledge and skills, and thus inevitably, power, usually greater than that of their patients. Society allows them that power provided they use it for the common good. Doctors therefore have ethical guidelines and legal duties to use power properly, within boundaries that dissuade them from taking advantage of patients sexually, financially or emotionally, by lending spurious authenticity to quack methods, or by allowing their performance to slip. Although doctors are intelligent, well motivated, self regulating professionals on the whole, they must also work within sometimes quite austere moral and ethical boundaries defined by their colleagues. Thechapters here traverse what may be complex law, and they refer to further guidelines and ethical statements made by the Medical Council and other bodies over recent years. hebooks main purpose is to introduce new entrants to medical practice in NewZealand T to the main legislative and ethical standards and guidelines. Laws and even ethics change over time. What is permitted now may have been unacceptable not long ago: what can be contemplated now was never imagined longer ago: there is a good deal in here to interest the established NewZealand doctor too. There are gaps and overlaps, of course, but I hope the book will be informative, especially to those entering or returning to medical practice in NewZealand. IanStGeorge, February 2013
Contents
Preface to the 12th (2013) edition 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 Good medical practice 5 The organisation of medical services in NewZealand 30 The doctor patient relationship 36 Cultural competence and patient-centred care 44 Mori and health 52 Pacific people in NewZealand 66 Asian people in NewZealand 73 The use of interpreters 83 The psychiatric patient and thelaw 90 Informed consent 97 End of life issues 106 Accident compensation 112 Medical records and patient access to information 121 The management of clinical investigations 128 Medicine and the Internet 135 Interdisciplinary collaboration: working in teams for patient care 143 Doctors in other roles 150 Doctors health 157 Maintaining competence 168 Credentialling 172 Error in medical practice 176 The NewZealand Medical Association code of ethics 181 Advertising 193 Doctors who use complementary and alternative medicine 197
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Doctors and interventions with well people 205 The pharmaceutical industry and the profession 209 ow medical practice standards are set by legislation 1: H theHealthPractitioners Competence Assurance Act 214 ow medical practice standards are set by legislation 2: H otherlegislation 221 he role of the Health and Disability Commissioner and T theCodeofRights 231 he disciplinary process: theProfessional Conduct Committee T andtheHealth Practitioners Disciplinary Tribunal 243 252 254
APPENDIX A APPENDIX B
CHAPTER 1 Good medical practice

Cite this as Medical Council of NewZealand 2013. Good medical practice: a guide for doctors. Chapter 1 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
About Good Medical Practice HowGood Medical Practice applies to you Professionalism Areas of professionalism Caring for patients Respecting patients Working in partnership with patients and colleagues Acting honestly and ethically Accepting the obligation to maintain and improve standards Related documents
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Patients are entitled to good doctors. Good doctors make the care of patients their first concern; they are competent, keep their knowledge and skills up to date, establish and maintain good relationships with patients and colleagues, are honest and trustworthy and actethically.
About Good Medical Practice

Under section 118(i) of the Health Practitioners Competence Assurance Act 2003, a function of the Medical Council is to set standards of clinical competence, cultural competence and ethical conduct for doctors. Under Right 4 of the Code of Health and Disability Service Consumers Rights patients also have the right to have services provided that comply with legal, professional, ethical and other relevant standards. T heCouncil has developed GoodMedicalPractice to be the foundation document for these standards. The standards detailed in Good Medical Practice, and in other Council statements, are those which the public and the profession expect a competent doctor to meet and have been developed through discussion with the public and the profession. Where relevant, GoodMedicalPractice also provides guidance to assist doctors understand, and comply with, the requirements of legislation. Good Medical Practice is not intended to be exhaustive. There may be obligations or situations that are not expressly provided for. Insuch circumstances, a doctors first priority should always be the care of his or her patient. Good Medical Practice is not a Code of Ethics it does not seek to describe all the ethical values of the profession or to provide specific advice on ethical issues, ethical frameworks and ethical decision-making. This type of advice is provided by the NewZealand Medical Association. Good Medical Practice is addressed to doctors, but is also intended to let the public know what they can expect from doctors.
HowGood Medical Practice applies to you

For medical students, Good Medical Practice identifies the basic duties of a good doctor and serves as a source of education and reflection. For doctors, Good Medical Practice serves as a basis for you to monitor, and reflect on, your own conduct and that of your colleagues. TheHealth Practitioners Disciplinary Tribunal, the Councils Professional Conduct Committees and the Health and Disability Commissioner may use Good Medical Practice as a standard by which to measure your professional conduct. For patients, Good Medical Practice provides guidance for assessing the minimum ethical and clinical conduct expected of doctors.
hedirectives outlined in Good Medical Practice are usually duties and must be followed. T However, we recognise that not all duties will apply in all situations. Sometimes there are factors outside a doctors control that affect whether or not, or how, he or she can comply with some standards. Throughout this resource we have used the term you should (ratherthan a more directive term such as you must) to indicate where this is the case. fyou believe that a doctor is not meeting standards outlined in Good Medical Practice, you I should raise your concerns with the doctor, draw that matter to the attention of the doctors employer, or report your concerns to the Registrar of the Medical Council1 or the Office of the Health and Disability Commissioner2, or in the event of matters related to health information privacy and security the Office of the Privacy Commissioner3.
Professionalism
Patients trust their doctors with their health and wellbeing, and sometimes their lives. Tojustify your patients trust, follow the principles outlined below and the duties outlined in the rest of this document.
Caring for patients

Make the care of patients your first concern. Protect and promote the health of patients and the public.
Respecting patients
Aim to establish a relationship of trust with each of your patients. eaware of cultural diversity, and function effectively and respectfully when working with B and treating people of different cultural backgrounds. Treat patients as individuals and respect their dignity by: treating them with respect respecting their right to confidentiality and privacy.
1 Telephone 0800 286 801 or email [email protected]. Formore information, refer to the Fitness to Practice page of the Councils website, www.mcnz.org.nz 2 Telephone 0800 11 22 33 or email [email protected]. Formore information, refer to www.hdc.org.nz 3 Telephone 04 474 7590, or email [email protected]. Formore information, refer to www.privacy.org.nz
Working in partnership with patients and colleagues

Work in partnership with patients by: listening to them and responding to their concerns and preferences giving them the information they want or need in a way they can understand and ensuring they understand it respecting their right to reach decisions with you about their treatment and care supporting them in caring for themselves to improve and maintain their health. Maintain the trust of colleagues, and treat them respectfully. Work with colleagues in ways that best serve patients interests
Acting honestly and ethically

Be honest and open when working with patients; act ethically and with integrity by: acting without delay to prevent risk to patients acting without delay if you have good reason to believe that a colleague may be putting patients at risk never discriminating unfairly against patients or colleagues never abusing your patients trust in you or the publics trust of the profession. Work cooperatively with, and be honest, open and constructive in your dealings with managers, employers, the Medical Council, and other authorities.
Accepting the obligation to maintain and improve standards

Act in accordance with relevant standards. Keep your professional knowledge and skills up to date Recognise, and work within, the limits of your competence. Be committed to autonomous maintenance and improvement in your clinical standards in line with best evidence-based practice. Demonstrate reflectiveness, personal awareness, the ability to seek and respond constructively to feedback and the willingness to share your knowledge and to learn from others. Accept a responsibility for maintaining the standards of the profession.
Remember that you are personally accountable for your professional practice you must always be prepared to explain your decisions and actions.
Areas of professionalism
1. TheCouncil expects doctors to be competent in: caring for patients respecting patients working in partnership with patients and colleagues acting honestly and ethically accepting the obligation to maintain and improve standards In the sections that follow, we outline the requirements of each of these areas of professionalism.
Caring for patients

Principles
Make the care of patients your first concern. Protect and promote the health of patients and the public.
Providing good clinical care

2. When you assess, diagnose or treat patients you must provide a good standard of clinical care. This includes: adequately assessing the patients condition, taking account of the patients history and his or her views, reading the patients notes and examining the patient as appropriate4 providing or arranging investigations or treatment when needed taking suitable and prompt action when needed, and referring the patient to another practitioner or service when this is in the patients best interests. 3. Inproviding care you are expected to5: provide effective treatments based on the best available evidence consult and take advice from colleagues when appropriate take steps to alleviate pain and distress whether or not a cure is possible.
Safe practice in an environment of resource limitation

4. Strive to use resources efficiently, consistent with good evidence based patient care, and balance your duty of care to each patient with your duty of care to the community and wider population6.
4 See the Councils statement on Non-treating doctors performing medical assessments of patients for third parties, which outlines the specific requirements for non-treating doctors performing medical assessments for other parties. 5 See the Councils statement on Telehealth for information about providing services electronically or from a distance. 6 For more information, see the Councils statement on Safe practice in an environment of resource limitation.
Keeping records7
5. Youmust keep clear and accurate patient records that report: relevant clinical information options discussed decisions made and the reasons for them information given to patients the proposed management plan any drugs or other treatment prescribed. 6. Make these records at the same time as the events you are recording or as soon as possible afterwards. 7. Take all reasonable steps to ensure that records containing personal data about patients, colleagues or others are kept securely.
Administrative systems
8. Your administrative systems must support the principles and standards contained within Good Medical Practice.
Prescribing drugs or treatment8

9. Youmay prescribe drugs or treatment, including repeat prescriptions, only when you: have adequate knowledge of the patients health are satisfied that the drugs or treatment are in the patients best interests. 10. Before prescribing any medicine you should have a face-to-face consultation with the patient or, in the absence of a face-to-face consultation, discuss the patients treatment with another NewZealand registered health practitioner who can verify the patients physical data and identity. When neither of these options is possible or practical, it may be reasonable practice to: Complete a prescription for a patient if you are providing cover for an absent colleague or are discharging a patient from hospital and review the patients notes. Renew a prescription of a patient you, or a colleague in the same practice, have seen previously, following a review of its appropriateness for the patient. Whenthe prescription has potentially serious side effects, you should regularly assess the patient. Complete a prescription when you have a relevant history and there is an urgent clinical need to prescribe, provided that you inform the patients regular doctor as soon as possible9.
7 See the Councils statement on The maintenance and retention of patient records 8 See the Councils statement on Good prescribing practice. 9 For example, when a public health physician prescribes prophylactic medicines for family members of a patient, after that patient has been diagnosed with a serious communicable disease.
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Providing care to yourself or those close to you10

11. Other than in exceptional circumstances you should not provide medical care to yourself or anyone with whom you have a close personal relationship.
Treating people in emergencies11

12. Inan emergency, offer to help, taking account of your own safety, your competence, andthe availability of other options for care.
Treating patients who present a risk of harm

13. Ifa patient poses a risk to your own health and safety or that of other patients or staff, you should take all reasonable steps to minimise the risk before providing treatment or making suitable arrangements for treatment.
Respecting patients
Principles
Aim to establish a relationship of trust with each of your patients. eaware of cultural diversity, and function effectively and respectfully when working B with and treating people of different cultural backgrounds. Treat patients as individuals and respect their dignity by: treating them respectfully respecting their right to confidentiality and privacy.
Establishing and maintaining trust

14. Youshould aim to establish and maintain trust with your patients. Relationships based on openness, trust and good communication will enable you to work in partnership with them to address their individual needs. 15. Make sure you treat patients as individuals and respect their dignity and privacy. 16. Becourteous, respectful and reasonable.
10 See the Councils statement on Providing care to yourself and those close to you. 11 See the Councils statement on The doctors duties in an emergency.
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Cultural competence12
17. NewZealand has as its founding document the Treaty of Waitangi. Y oushould acknowledge the place of the Treaty, and apply the principles of partnership, participation and protection in the delivery of medical care. Y oumust also be aware of cultural diversity and function effectively and respectfully when working with and treating people of all cultural backgrounds. Youshould acknowledge: that NewZealand has a culturally diverse population that each patient has cultural needs specific to him/her that a doctors culture and belief systems influence his or her interactions with patients that ones culture may impact on the doctor-patient relationship that a positive outcome for patient and doctor is achieved when they have mutual respect and understanding. 18. Youmust consider and respond to the needs of all patients. Y oushould make reasonable adjustments to your practice to enable them to receive care that meets their needs13.
Personal beliefs and the patient

19. Youmust not refuse or delay treatment because you believe that a patients actions have contributed to their condition. Norshould you unfairly discriminate against patients by allowing your personal views to affect your relationship with them. 20. Your personal beliefs, including political, religious and moral beliefs, should not affect your advice or treatment. Ifyou feel your beliefs might affect the advice or treatment you provide, you must explain this to patients and tell them about their right to see another doctor. Youmust be satisfied that the patient has sufficient information to enable them to exercise that right. 21. Donot express your personal beliefs to your patients in ways that exploit their vulnerability or that are likely to cause them distress.
Treating information as confidential14

22. Treat all information about patients as confidential and sensitive15.
12 See the Councils Statement on cultural competence. Forspecific guidance on providing care to Mori patients, see the Councils Statement on best practices when providing care to Mori patients and their whnau and Best health outcomes for Mori: Practice implications. Foradvice on providing care to Pacific patients, see Best health outcomes for Pacific peoples: Practice implications. See also Coles Medical practice in NewZealand for advice on providing care to Asian people in NewZealand. 13 NewZealand is a signatory to the United Nations Convention on Persons with Disabilities. This convention is intended to protect the rights and dignity of persons with disabilities. T heconvention includes provisions to ensure that persons with disabilities receive care appropriate to their needs, and at the same standard as others. 14 See the Health Information Privacy Code. 15 Rule 10 (1)(d) of the Health Information Privacy Code, allows you to disclose information about a patient in a limited range of circumstances, including when disclosure [is] necessary to prevent or lessen a serious and imminent threat to public health or public safety or the life and health of an individual.
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Supplementary guidance Sharing information in public

When sharing information in any public forum (including, for example, chatting in a hospital cafeteria or posting to a social networking site), do not disclose information about yourself that might undermine your relationship with patients. Similarly, do not disclose information that might identify and cause distress to colleagues, patients or their families.
Supplementary guidance Sharing information with parents, caregivers or next of kin

When working with patients under 16 years, you should determine their competence to understand their condition and make decisions about their treatment. Ifthey are competent, they are entitled to confidentiality. Inthe absence of a concern that the young person is at riskof harm, you should only share information with parents and caregivers with the patients consent. When working with adult patients who have an intellectual disability or communication difficulties you should make a judgement as to whether you are acting in the patients best interests by sharing information with family or caregivers. Whenever possible you should seek the permission of the vulnerable adult to share information about their condition and treatment with others. When an adult patient has died, advise the patients partner or next of kin, unless you know that the patient would have objected. When a patient under 16 has died, explain to the parents or caregivers to the best of your knowledge why and how the patient died.
Involving relatives, carers and partners

23. Actively involving relatives, carers and partners in a patients care is inherent to cultural competence and a positive doctor-patient relationship, and is often part of good clinical care. When appropriate you should seek the patients permission to involve relatives, carers and / or partners in their care. Youmust always be courteous, respectful and reasonable to relatives, carers, partners and others close to the patient. Make sure you are sensitive and responsive in providing information and support, for example, after a patient has died.
Supplementary guidance E ndof life care

As a doctor you play an important role in assisting patients, families/whnau and the community in dealing with the reality of dying and death. Incaring for patients at the end of life, you share with others the responsibility to take care that the patient dies with dignity, in comfort and with as little suffering as possible. Y oushould take care to communicate effectively and sensitively with patients, their families and support people so that they have a clear understanding of what can and cannot be achieved. Youshould offer advice on other treatment or palliative care options that may be available. Youshould ensure that support is provided to patients and their families, particularly when the outcome is likely to be distressing to them.
Supplementary guidance E uthanasia

You must not participate in the deliberate killing of a patient by active means. Euthanasia is an offence under the Crimes Act 1961 and illegal in NewZealand.
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Dealing with adverse outcomes16

24. Ifa patient under your care has suffered serious harm or distress you should act immediately to put matters right. Youshould express regret at the outcome, apologise if appropriate, and explain fully and without delay to the patient: what has happened the likely short-term and long-term effects what you and your health service can do to alleviate the problem what steps have been or will be taken to investigate what happened and (if possible) prevent it from happening again. how to make a complaint. 25. Patients who have a complaint about the care or treatment they have received have a right to a prompt, constructive and honest response, including an explanation and, if appropriate, an apology. 26. Donot allow a patients complaint to prejudice the care or treatment you provide or arrange for that patient.
Reporting of alleged abuse

27. Ifyou have any concerns about alleged or suspected sexual, physical or emotional abuse or neglect of vulnerable patients, you should report this to the appropriate authorities without delay. Youshould inform the patient, and if the patient is under the care of another person, his or her caregivers of your intention to report your concerns, taking into account that such action might endanger you or the patient. Giving information to others for the protection of a patient may be a justifiable breach of confidentiality17 and, where a vulnerable adult is at risk of injury, is a legal duty18.
Ending a professional relationship19

28. Insome rare cases, because of a lack of trust and confidence, you may need to end a professional relationship with a patient. Ifyou do so, you must be prepared to justify your decision. Youshould tell the patient in writing if possible why you have made this decision. Youshould also arrange for the patients continuing care and forward the patients records without delay.
Working in partnership with patients and colleagues

Principles
Work in partnership with patients by: listening to them and responding to their concerns and preferences
16 Refer to the Councils statement on Disclosure of harm. 17 As outlined in the Privacy Act and the Health Information Privacy Code. 18 As outlined in s.151 of the Crimes Act 1961. 19 See the Councils statement on Ending a doctor-patient relationship.
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giving them the information they want or need in a way they can understand and ensuring they understand it respecting their right to reach decisions with you about their treatment and care supporting them in caring for themselves to improve and maintain their health. Maintain the trust of colleagues, and treat them politely and considerately. Work with colleagues in ways that best serve patients interests.
Assessing patients needs and priorities

29. Thecare or treatment you provide or arrange must be made on the assessment you and the patient make of his or her needs and priorities, and on your clinical judgement about the likely effectiveness of the treatment options.
Supporting self care

30. Encourage your patients and the public to take an interest in their health and to take action to improve and maintain their health. Depending on the circumstances, this mayinclude: advising patients on the effects their life choices may have on their health and wellbeing and the outcome of treatments offering patients appropriate preventative measures, such as screening tests and immunisations, that are appropriate to their particular health status and consistent with guidelines and best practice encouraging patients to stay in, or return to, work or engage in other purposeful activities.20
Information, choice of treatment and informed consent21

31. Youmust familiarise yourself with the: Code of Health and Disability Services Consumers Rights22 Health Information Privacy Code23.
20 The Royal Australasian College of Physicians Consensus Statement on the Health Benefits of Work outlines the evidence that work is generally good for health and wellbeing, and that long-term work absence and unemployment generally have a negative impact on health and wellbeing. Acopy of this paper can be downloaded from http://www.racp.edu.au/page/policy-and-advocacy/occupational-and-environmental-medicine. 21 See the Councils statement on Information, choice of treatment and informed consent. 22 For a copy of the Code of Health and Disability Services Consumers Rights go to http://www.hdc.org.nz/the-act--code/the-code-of-rights 23 For a copy of the Health Information Privacy Code go to http://privacy.org.nz/health-information-privacy-code/
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32. With rare and specific exceptions you should not provide treatment unless: the patient has received all the information that a reasonable patient, in that patients circumstances, would expect to receive about their condition and treatment options, including the expected risks, side effects, costs and benefits of each option; and you have determined that he or she has an adequate understanding of that information; and you have provided the patient with an opportunity to consider and discuss the information with you; and the patient has made an informed choice; and the patient consents to treatment. 33. Inorder that you can appropriately advise patients on their treatment options, you should have a reasonable knowledge of the range of evidence based treatments that are available to treat their condition, and of how patients can access those that you yourself do not provide. 34. Youmust respect and support the patients right to seek a second opinion or to decline treatment, or to decline involvement in education or research.
Supplementary guidance Informed consent in specific situations24

You should obtain separate written consent for research, experimental procedures, general or regional anaesthesia, blood transfusion or any procedure with a significant risk of adverseeffects. oushould pay careful attention to the process of informed choice and consent when a Y proposed treatment is expensive or in any way innovative. I fa patient is choosing between evidence based medicine and innovative treatments for which there is no scientific evidence, you should attempt to present to the patient a clear and balanced summary of the scientific information available. Before providing treatment you should seek the advice of a senior colleague, or obtain legal advice, if you are unsure whether the patient is competent to make a particular decision, and: the patients wishes, or the wishes of a parent, guardian or caregiver, conflict with your assessment of the patients best interests; or the treatment is risky or controversial.
24 Additional requirements apply in certain circumstances, such as where the patient is a minor or not competent to make an informed decision. I naddition, there are several pieces of law that can override the requirements of the Code of Rights. TheCouncils statement on Information, choice of treatment and informed consent outlines these requirements.
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Supplementary guidance U seof interpreters

When treating patients whose English language ability is limited, you should arrange to use a competent interpreter. When an interpreter has been used to assist in obtaining the patients informed consent you should note this in the records, along with the interpreters name and status (professional interpreter, family member etc) and, if possible, a note signed by the interpreter to certify that they believe the patient understands the information provided.
Advance directives
35. Anadvance directive is a formal document that clearly and specifically outlines or describes the patients wishes. Advance directives have legal standing in the Code of Health and Disability Services Consumers Rights. There may be exceptional circumstances in which it may not be appropriate to comply with the wishes outlined in an advance directive25, however you must always respect and consider those wishes. I fa patient has an advance directive that is relevant to their care you should, where possible, confirm that it is consistent with their current views before providing treatment.
Support persons
36. Patients have the right to have one or more support persons of their choice present26, except where safety may be compromised or another patients rights unreasonably infringed.
Advertising27
37. Make sure that any information you publish or broadcast about your medical services is factual and verifiable. Itmust not put undue pressure on people to use a service, forexample by arousing ill-founded fear for their future health or by fostering unrealistic expectations. Theinformation must conform to the requirements of the Councils Statement on advertising, the Fair Trading Act 1986 and the Advertising Standards Authority guidelines.
Useof titles
38. Patients can find medical titles confusing. Toreduce confusion, you should not use a title such as specialist or consultant that refers to an area of expertise unless you are registered with the Council in an appropriate vocational scope.
Working with colleagues28

39. Youmust be aware of the impact of your conduct on members of your practice team and colleagues, and how that may affect quality care and treatment for patients29.
25 For example, where the patient is being treated under specific legislation such as the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1992 or when significant changes in the patients circumstances or condition or available treatments arising since the advance directive was made appear to counteract its validity or relevance. 26 This right is outlined in Right 8 of the Health and Disability Services Consumers Rights. 27 See the Councils Statement on advertising. 28 Colleagues are those you work with, including doctors and other health professionals. 29 For more information, refer to the Councils statement on Unprofessional behavior in the healthcare team.
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40. Youshould respect the skills and contributions of your colleagues. 41. Treat your colleagues courteously, respectfully and reasonably . D onot bully or harass them. Youmust not discriminate against colleagues. 42. Donot make malicious or unfounded criticisms of colleagues that may undermine patients trust in the care or treatment they receive, or in the judgement of those treating them.
Management
43. Youmust always strive to work with managers and administrators in a constructive manner to create and sustain an environment that upholds good medical practice. I fyou are working in a managerial or leadership role you should adhere to the guidance contained in the Councils statement on Responsibilities of doctors in management and governance.
Being accessible
44. Bereadily accessible when you are on duty. Depending on the situation, this may mean you are accessible to patients, or it may mean that you are accessible to colleagues or a triage service.
Going off duty

45. When you are going off duty, make suitable arrangements for your patients medical care. Useeffective handover procedures and communicate clearly with colleagues.
Supplementary guidance Shift handover

In an environment where doctors work in rotating shifts, you should insist that time is set aside for the sole purpose of organising appropriate handover.
Supplementary guidance Arranging a locum

Whether in private or public practice, you must take particular care when arranging locum cover. Youmust be sure that the locum has the qualifications, experience, knowledge and skills to perform the duties he or she will be responsible for.
Sharing information with colleagues

46. Youshould ensure that patients know how information is shared among those who provide their care. 47. Youshould seek the patients permission to, and explain the benefits of, sharing relevant information with other health practitioners and agencies involved in their care, including their principal health provider (who will usually be their general practitioner). 48. Once you have the patients permission to share information, you must provide your colleagues with the information they need to ensure that the patient receives appropriate care without delay.
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49. Inmost situations you should not pass on information if the patient does not agree. Somesituations exist in which colleagues should be informed even if the patient does not agree (for example where disclosure is necessary to ensure appropriate ongoing care). Under the Health Act 1956 you may share information in these situations when a colleague is providing ongoing care and has asked for the information.
Continuity of care
50. Work collaboratively with colleagues to improve care, or maintain good care for patients, and to ensure continuity of care wherever possible. 51. Make sure that your patients and colleagues understand your responsibilities in the team and who is responsible for each aspect of patient care. 52. Ifyou are the patients principal health provider, you are responsible for maintaining continuity of care.
Supplementary guidance Transferring patients

Transfer of care involves transferring some or all of the responsibility for the patients ongoing care. When you transfer care of a patient to another practitioner, you must ensure that the patient remains under the care of one of you at all times. Youshould also provide your colleague with appropriate information about the patient and his or her care, and must ensure that the chain of responsibility is clear throughout the transfer. Where the transfer is for acute care, you should provide this information in a face-to-face or telephone discussion with the admitting doctor. Youmust appropriately document all transfers. oushould ensure that the patient is aware of who is responsible for their care throughout Y the transfer, and how information about them is being shared.
Supplementary guidance Referring patients30

Referring involves transferring some or all of the responsibility for some aspects of the patients care. Referring the patient is usually temporary and for a particular purpose, such asadditional investigation, or treatment that is outside your scope of practice. When you refer a patient, you should provide all relevant information about the patients history and present condition. You must appropriately document all referrals. When you order a test and expect that the result may mean urgent care is needed, your referral must include one of the following: your out-of-hours contact details the contact details of the another health practitioner who will be providing after-hours cover in your absence. Youmust also have a process for identifying and following up on overdue results.
30 Coles Medical practice in NewZealand contains some useful advice in the chapter on The management of clinical investigations.
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oushould ensure that the patient is aware of how information about them is being shared and Y who is responsible for providing treatment, undertaking an investigation and reporting results.
Supplementary guidance Delegating patient care to colleagues

Delegating involves asking a colleague to provide treatment or care on your behalf. Whenyou delegate care to a colleague, you must make sure that they have the appropriate qualifications, skill and experience to provide care for the patient. Although you are not responsible for the decisions and actions of those to whom you delegate, you remain responsible for your decision to delegate and for the overall management of the patient. oushould pass on complete, relevant information about patients and the treatment Y theyneed. oushould ensure that the patient is aware of who is responsible for all aspects of their care, Y and how information about them is being shared.
Supplementary guidance Prescribing and administering of medicines by other healthpractitioners

You should support any non-doctor colleagues who are involved in prescribing or administering medicines as outlined below. When other health professionals have prescribing rights Some other health professionals have legal and independent prescribing rights. Ifyou are working in a team with other health professionals who have prescribing rights, you should offer appropriate advice when needed to help ensure patient safety. When non-doctor colleagues are supplying or administering medicines Some teams delegate to non-doctors the responsibility for initiating and/or changing drug therapy. Ifa colleague is working from standing orders31 that have been issued under your authority, then you are responsible for the effects of the medicine being supplied or administered. Youshould be available to give them advice, and should regularly review how the standing order arrangement is working.
Supplementary guidance Planning for transfer of care

You should have a plan in place to ensure continuity of care if you become unexpectedly ill. fyou are thinking of retiring or reducing your patient list, you should put transfer I arrangements in place and let your patients know before these arrangements take effect. Withthe patients consent, all relevant medical records should be sent to the health practitioner taking over the care of the patient.
31 Refer to the Ministry of Healths Standing Order Guidelines. Youcan view or download a copy of these guidelines at http://www.health.govt.nz/publication/standing-order-guidelines
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Acting honestly and ethically

Principles
Be honest and open when working with patients; act ethically and with integrity by: acting without delay to prevent risk to patients acting without delay if you have good reason to believe that a colleague may be putting patients at risk never discriminating unfairly against patients or colleagues never abusing your patients trust in you or the publics trust of the profession. Work cooperatively with, and be honest, open and constructive in your dealings with managers, employers, the Medical Council, and other authorities.
Integrity in professional practice

53. Youmust be honest and trustworthy in your professional practice and in all communications with patients.
Sexual and emotional boundaries32

54. Donot become involved in any sexual or inappropriate emotional relationship with a patient. Inmost circumstances you should also avoid becoming sexually or inappropriately emotionally involved with someone close to a patient, or a former patient.
Writing reports, giving evidence and signing documents33

55. Ifyou have agreed or are required to write reports, complete or sign documents or give evidence, you should do so promptly, honestly, accurately, objectively and based on clear and relevant evidence.
Supplementary guidance Providing objective assessments of performance

Be honest and objective when appraising or assessing the performance of colleagues, including those whom you have supervised or trained. Patients may be put at risk if you describe as competent someone who has not reached or maintained a satisfactory standard ofpractice.
Supplementary guidance Writing references and reports

Provide only honest, justifiable and accurate comments when giving references for, or writing reports about, colleagues. When providing references do so promptly and include all relevant information about your colleagues competence, performance and conduct.
32 See the Councils guidance on Sexual boundaries in the doctor-patient relationship. 33 See the Councils statement on Medical certification.
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Financial and commercial dealings34

56. Behonest and open in any financial or commercial dealings with patients, employers, insurers or other organisations or individuals. 57. Actin your patients best interests when making referrals and providing or arranging treatment or care. Youmust not allow any financial or commercial interests to affect the way you prescribe for, treat or refer patients. Inparticular: do not ask for or accept any inducement, gift, or hospitality that may affect, or be perceived to have the capacity to affect, the way you prescribe for, treat or refer patients. Thesame applies to offering such inducements do not exploit patients vulnerability or lack of medical knowledge when making charges for treatment or services do not encourage patients to give, lend or bequeath money or gifts that will benefityou do not put pressure on patients or their families to make donations to other people ororganisations do not put inappropriate pressure on patients to accept private treatment.
Conflicts of interest35
58. Ifyou have a conflict of interest, you must be open about the conflict, declaring your interest. Youshould also be prepared to exclude yourself from related decision making.
Openness and investigatory or legal processes

59. Youmust cooperate fully with any formal inquiry or inquest (although you have the right not to give evidence that may lead to criminal proceedings being taken against you). When you provide information you must be honest, accurate, objective and the information provided must be based on clear and relevant clinical evidence. 60. Youmust not withhold relevant information from any formal inquiry or inquest, or attempt to contact or influence complainants or witnesses except where directed by the relevant authority.
Supplementary guidance Giving evidence

If you are asked to give evidence or act as a witness in litigation or formal proceedings, be honest in all your spoken and written statements. Make clear the limits of your knowledge orcompetence. 61. Youhave additional responsibilities if you are involved in management or governance36. Inparticular, you must ensure that procedures are in place for raising and responding toconcerns.
34 See also the Councils statement on Doctors and health related commercial organisations. 35 See also the Councils statement on Doctors and health related commercial organisations. 36 See the Councils statement on Responsibilities of doctors in management and governance.
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Raising concerns about patient safety37

62. Protect patients from risk of harm posed by a colleagues conduct, performance or health. 63. Ifa colleague behaves in a manner which is inappropriate or unprofessional you should speak to them and raise your concerns in a constructive manner. 64. Ifyour colleague does not respond to your concerns and continues to act inappropriately or unprofessionally, raise your concerns with a manager, appropriate senior colleague or the relevant external authority. Your comments about colleagues must be made honestly and in good faith. Ifyou are not sure how to raise your concerns, ask an experienced colleague for advice. 65. Ifa colleague is concerned about the conduct, competence or health of another practitioner, or about a problem in the workplace, you should treat their concerns with respect and support them in taking action to address the concerns and in notifying the relevant authorities. Youmay need to provide less experienced colleagues with additional support to ensure that they have the confidence to raise concerns. 66. If you have reasonable grounds to believe that patients are, or may be, at risk of harm for any reason, do your best to find out the facts. Then you should follow your employers procedures or policies, or tell an appropriate person or organisation straight away. D onot delay taking action because you yourself are not in a position to put the matter right. 67. Under the Health Practitioners Competence Assurance Act 2003 you must tell the Council if you have reason to believe that a doctors ill-health is adversely affecting patient care. 68. Youshould also tell the Council about: concerns you have that another doctor is not fit to practise or is not providing an appropriate standard of care behaviour by another doctor that risks causing harm to patients. 69. Ifa colleague raises concerns about your practice, you should respond constructively.
Concerns about premises, equipment, resources, policies and systems

70. Ifyou are concerned that patient safety may be at risk from inadequate premises, equipment or other resources, policies or systems, put the matter right if possible. I nall other cases you should record your concerns and tell the appropriate body.
Your health
71. Youshould register with an independent general practitioner so that you have access to objective medical care. Y oushould not treat yourself38.
37 See the Councils statement on Raising concerns about a colleague. 38 Refer to the Councils statement on Providing care to yourself and those close to you.
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72. Protect your patients, your colleagues and yourself by: following standard precautions and infection control practices undergoing appropriate screening being immunised against common serious communicable diseases where vaccines areavailable. 73. Youmust tell the Councils Health Committee if you have a condition that may affect your practice, judgement or performance. TheCommittee will help you decide how to change your practice if needed. Youshould not rely on your own assessment of the risk 39 you may pose to patients 74. Ifyou think you have a condition that you could pass on to patients, you must consult a suitably qualified colleague. Askfor and follow their advice about investigations, treatment and changes to your practice that they consider necessary.
Disclosing concerns to the Council

75. Youmust inform the Council without delay if, anywhere in the world: you have been charged with or found guilty of a criminal offence you have been suspended or dismissed from duties by your employer you have resigned for reasons relating to competence another professional body has made a finding against you as a result of fitness to practise procedures.
Being open about concerns and restrictions on your practice

76. Ifyou are suspended from working, or have restrictions or conditions placed on your practice because of a concern about your competence, conduct or health, you must inform without delay: any other persons, or organisations, in which you are in partnership or association, or for whom you undertake medical work any patients who would have a reasonable expectation to receive that information. 77. Youmust also give patients honest and accurate answers to any questions they have about restrictions or conditions on your practice.
Supporting colleagues
78. Youshould support colleagues who have problems with performance, conduct or health.
Accepting the obligation to maintain and improve standards

Principles
Act in accordance with relevant standards.
39 See The HRANZ joint guidelines for registered healthcare workers on transmissible major viral infections (astatement developed by the Council with other regulatory bodies).
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Keep your professional knowledge and skills up to date. Recognise, and work within, the limits of your competence. Be committed to autonomous maintenance and improvement in your clinical standards. Demonstrate reflectiveness, personal awareness, the ability to seek and respond constructively to feedback and the willingness to share your knowledge and to learn from others. Accept a responsibility for maintaining the standards of the profession.
Applying your knowledge and experience to practice

79. Youmust be competent in each professional role you hold. Y oumust follow relevant guidance, including the guidance published by the Council, and continue to develop your knowledge and skills. This applies to all doctors, and to all aspects of your medical practice including management, research and teaching. 80. Recognise and work within the limits of your competence.
Research
81. When designing, organising or carrying out research: make sure that a properly accredited research ethics committee has approved the research protocol, and that the research meets all regulatory and ethical requirements do not allow payments or gifts to influence your conduct do not make unjustified claims for authorship when publishing results report any concerns to an appropriate person or authority be honest and accurate in reporting the results of your research.
Maintaining and improving your professional performance40

82. Work with patients and colleagues to maintain and improve the quality of your work and promote patient safety. Inparticular: take part in audit, peer review and continuing medical education respond constructively to the outcome of audit, appraisals and performance reviews, undertaking further training where necessary contribute to inquiries and sentinel event recognition, analysis and reporting report suspected drug reactions using the relevant reporting scheme cooperate with legitimate requests for information from organisations monitoring public health participate in regular reviews and audit of the standards and performance of any teams of group in which you are a member, taking steps to remedy any deficienciesidentified.
40 See the Councils guidelines on Continuing professional development and recertification
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Keeping up to date
83. Keep your knowledge and skills up to date throughout your working life: familiarise yourself with relevant guidelines and developments that affect your work take part regularly in professional development activities that maintain and further develop your competence and performance adhere to and keep up to date with all laws and codes of practice relevant to yourwork.
Mentoring, teaching, training, appraising and assessing doctors and students41

84. Teaching and the passing on of knowledge is a professional responsibility. When you are involved in teaching you should demonstrate the attitudes, awareness, knowledge, skills and practices of a competent teacher.
Supplementary guidance Providing supervision42

Make sure that all staff for whom you are responsible and who require supervision, including locums, less experienced colleagues, and international medical graduates who are new to practice in NewZealand are properly supervised. Ifyou are responsible for supervising staff, you should make sure you supervise at an appropriate level taking into account the work situation and the level of competence of those being supervised.
Related documents
The guidelines contained in Good Medical Practice do not cover all forms of professional practice or discuss all types of misconduct that may bring your registration into question. oushould familiarise yourself with the series of statements and other publications Y produced by the Council. TheCouncils statements expand on points raised in this document. Some statements also cover issues not addressed in this document, such as internet medicine and alternative medicine.
Standards set by the Council43

Below we list relevant Council statements and other publications.
Definitions
Clinical practice and non-clinical practice Fitness to practise Practice of medicine
41 See the Councils publication Education and supervision for interns. 42 See the Councils booklet on Induction and supervision for newly registered doctors. 43 For the most recent versions of the statements, go to www.mcnz.org.nz under the heading News and Publications. Newand updated statements are sent to all doctors with the Councils newsletter.
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Administrative practice
Non-treating doctors performing medical assessments of patients for third parties Raising concerns about a colleague Responsibilities of doctors in management and governance Safe practice in an environment of resource limitation
General subjects
Advertising Complementary and alternative medicine Confidentiality and the public safety Cosmetic procedures Disclosure of harm following an adverse event A doctors duty to help in a medical emergency Ending a doctor-patient relationship Good prescribing practice Information, choice of treatment and informed consent The maintenance and retention of patient records Medical certification Doctors and health related commercial organisations Use of the internet and electronic communication When another person is present during a consultation Sexual boundaries in the doctor-patient relationship, a resource for doctors
Health
HRANZ Joint guidelines for registered health care workers on transmissible major viralinfections Providing care to yourself and those close to you
Cultural competence
Best practices when providing care to Mori patients and their whnau Cultural competence
Other Council publications

Best health outcomes for Mori: Practice implications Best health outcomes for Pacific peoples: Practice implications
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Coles Medical practice in NewZealand Continuing professional development and recertification Deciding whether to make a competence referral Doctors health, a guide to how the Council manages doctors with health conditions Education and supervision for interns, a resource for new registrants and their supervisors Induction and supervision for newly registered doctors The importance of clear sexual boundaries in the patient-doctor relationship, a guide forpatients Medical registration in NewZealand What you can expect. Theperformance assessment You and your doctor, guidance and advice for patients
Legislation and standards set by other agencies

The Code of Health and Disability Services Consumers Rights gives rights to consumers, and places obligations on all people and organisations providing health and disability services, including doctors. Traditionally the Code of Ethics for the medical profession in NewZealand is that of the NewZealand Medical Association. heHealth Information Privacy Code 1994 governs the collection and use of health T information. Aplain English edition has been published by the Office of the Privacy Commissioner and is available from www.privacy.org.nz NewZealand is a signatory to the United Nations Convention on Persons with Disabilities. This convention is intended to protect the rights and dignity of persons with disabilities. Theconvention includes provisions to ensure that persons with disabilities enjoy full equality under the law, and have their rights and dignities protected. Legislation places further legal obligations on doctors consult your lawyer if you need advice about your legal obligations.
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CHAPTER 2 The organisation of medical services in NewZealand

John Adams is Chairman of the Medical Council and Dean of the Dunedin School of Medicine. Cite this as Adams J 2013. T heorganisation of medical services in NewZealand. Chapter 2 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Introduction Health service structure Ministry of Health and National Health Board Changing models of care Registration of doctors TheMedical Council of NewZealand Workforce Education and postgraduate training Medical liability Drug purchase and prescribing Medical research Doctors associations Organisation of medical services in hospital practice Organisation of medical services in general practice
30 30 31 31 31 32 32 32 33 33 33 34 34 34
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Introduction
NewZealand has a proud history of social reform and innovation, including health service provision. NewZealand trained doctors have contributed significantly on the international stage over decades, in spite of the countrys small size, highlighting the high standard of medical practice. There are strong structures in place to protect patient rights and ensure that people receive the highest level of medical care possible within the available resources.
Health service structure

Medical Services in NewZealand are primarily delivered through publicly funded services. Public funding accounts for about 80 percent of service provision. Twenty District Health Boards (DHBs) are largely responsible for dispersing the public funds, and purchasing required medical and disability services from public hospitals, general practitioners and nongovernment organisations. Care in public hospitals is free, general practice visits and most pharmaceuticals are subsidised. hegovernance of the DHBs lies with a board for each region that is partially elected at local T body elections and partly appointed by the Minister of Health. Boards are responsible to the Minister of Health through the Ministry of Health, by contract. Each Board has a chief executive who is responsible for operations and management. Many have held the view that there are too many Board areas for a country of NewZealands size, and active collaboration and combination between Boards is occurring, supported by the government. Doctors who work in public hospitals are employed by the DHBs, mostly under the terms of national industry employment agreements covering senior doctors (SMOs) and registered medical officers (RMO) separately. Many senior doctors also work in private settings, charging patients the full fee for their services. Private hospital services are also full charge to the patient. Several companies provide private health insurance with differing reimbursement plans. General practitioners predominantly own their practices, although some employment models are emerging, including some DHB primary care services in hard to staff areas. Urban areas may also be serviced by accident and medical clinics owned by conglomerates who employ doctors to staff the centres. General practice services are organised into Primary Health Organisations (PHOs), governed by Boards. Through the DHBs, PHOs receive capitated government funding, which is passed to general practices and provides varying levels of subsidy for patient visits. Allpatients need to be registered with a practice. Most general practitioners charge most patients a fee for service. Similarly to the moves to merge DHB operations, there have been clear directions that the number of PHOs around the country is to be reduced. ewZealand has a no fault accident compensation scheme which pays for a portion of N treatment for accidents in primary care and in some specialist services, particularly surgery. TheAccident Compensation Corporation (ACC) also pays public hospitals bulk amounts for their treatment of accident victims.
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heno fault scheme includes injury caused by medical treatment. Because of this there is T only a right to sue in NewZealand for recompense of injuries that fall outside the scheme, or in cases of severe negligence where exemplary damages can be sought. Doctors are therefore seldom sued.
Ministry of Health and National Health Board

The Minister of Health has overall responsibility for the health system and the Ministry of Health is principal adviser to the Government on health and disability policy, and is responsible for leading and supporting the sector. TheMinistry has recently undergone significant changes and restructuring, with reductions in staffing levels and the creation of a National Health Board within its structure. heNational Health Board is responsible for planning analysis and funding, performance T monitoring, workforce, purchasing of national services, information strategy and delivery and business services in the Ministry.
Changing models of care

Whilst general practice care had been the foundation of medical care in NewZealand, until the last decade, general practice had become less well remunerated and less attractive as a specialty. Significant additional funding has reversed this trend, and moves are currently underway to further emphasise primary care delivery as the focus of patient care. There are initiatives to expand the services delivered by general practitioners and reduce barriers in the primary/secondary interface. There is also a project to redevelop general practitioner training, and attract more trainees into general practice.
Registration of doctors
Registration and regulation of health practitioners is legislated by the Health Practitioners Competence Assurance Act 2003, which sets up responsible authorities for each health profession, and prescribes processes for assuring standards of competence, conduct and fitness to practise. Regulatory authorities set scopes of practice for each registrant. Medical vocational or specialist registration is recognised after the attainment of appropriate Australasian or NewZealand specialist college qualifications, or qualifications and training that are deemed to be as satisfactory as this. Doctors can practise independently with general registration, but require a collegial relationship to oversee their work. International medical graduates can apply for registration under several pathways according to their planned work arrangements in NewZealand. Both provisional general and vocational registration require a period of supervision. T heMedical Council (see below) engages with Branch Advisory Bodies to assess whether doctors from overseas applying for vocational registration have equivalent or as satisfactory training as NewZealand trained specialists.
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Details of registration for international medical graduates are available on the Council website (www.mcnz.org.nz).
TheMedical Council of NewZealand

The Medical Council of NewZealand (the Council) is the regulatory authority for medical practitioners. Itsstatutory role is to protect the health and safety of the public in NewZealand by ensuring that doctors are competent and fit to practise. TheCouncil registers doctors and issues practising certificates, deals with issues of competence when they arise and may institute remedial competence programmes, refers conduct issues for further assessment if required, and assesses and monitors the health of sick doctors. tis not a disciplinary body, although it manages some complaints to do with professional I conduct. Allpatient complaints in NewZealand are channelled initially through the Health and Disability Commissioners Office (see Chapter 29). heCouncil is also responsible for accrediting educational programmes for doctors T including medical schools, vocational training programmes and the intern (PGY1) year. Inpractice, much of the accreditation of medical schools and Australasian colleges is done in collaboration with the Australian Medical Council (AMC).
Workforce
Future workforce issues have been a major discussion topic for over a decade. There have been several reports indicating the need for concerted action to provide enough doctors in NewZealand as the demands increase with an aging population and changing workforce patterns. Aseries of recent reports led to the creation of Health Workforce NewZealand as a committee to advise both the Minister of Health and the Director General of Health on a workforce plan and its implementation. Thecommittee is working quickly and has established a workplan and several initiatives, including redeveloping the general practice training and piloting physician assistants in the NewZealand context.
Education and postgraduate training

There are two medical schools in NewZealand, at Auckland University and the University of Otago, which has campuses for medical training in Dunedin, Christchurch and Wellington. Thegovernment has recently increased student numbers in both schools. There are placements for undergraduate students in all major hospitals and increasingly in provincial and rural hospitals. General practices throughout the country are also involved in undergraduate experience and teaching. Both medical schools have established rural programmes.
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Training in the first postgraduate year (PGY1 or probationary registration year) is managed by the hospitals who are accredited by the Medical Council to provide an adequate supervision and training experience. Vocational training is the responsibility of the colleges in association with the employers and the universities. Thetraining programmes are set and supervised by the specialist colleges, and purchased from the health providers through Health Workforce NewZealand. Specialist qualifications in NewZealand are Fellowships of the specialist colleges, gained after meeting their training and examination requirements. lldoctors in NewZealand must participate in a continuing professional development A (CPD) programme in order to gain their practising certificate. TheMedical Council accredits these programmes and audits compliance by doctors. Generally registered doctors not in training programmes or engaged in nonclinical work, must now join an online CPD programme delivered by BPAC NewZealand.
Medical liability
Whilst doctors are rarely sued in NewZealand, there are numerous ways in which their conduct and competence can be investigated including by employers, the Health & Disability Commissioner, Coroners inquiries, the Medical Council, etc. Indemnity cover is recommended and required by most employers. Itis usual for employers to reimburse fees. Indemnity organisations provide legal advice to individual doctors.
Drug purchase and prescribing

Medicines are purchased in NewZealand on behalf of the government by a central purchasing agency called PHARMAC. PHARMAC establishes a schedule of subsidised medicines which details the various restrictions and availability of medicines. Some drugs are only available for prescription by specialists, and others require a special authority to be prescribed.
Medical research
NewZealand has an international reputation for the quality of its medical research. Increasingly, research is also performed outside the universities, in DHBs and primary care. Funding for medical research is tight, but available from many sources for good projects. Thepredominant purchaser of medical research in NewZealand is the Health Research Council, which distributes more than $70 million annually of public funds.
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Doctors associations
The major professional association in NewZealand is the NewZealand Medical Association (NZMA), which has Specialist, General Practitioner and Doctors in Training Councils. TheNZMA publishes the NewZealand Medical Journal, deals with medicopolitical issues and generates the Code of Ethics. Smaller special interest associations such as Te ORA (the Mori doctors association) and the Pasifika Medical Association cater in addition for the needs of some specific groups of doctors. Industrial organisations for senior doctors (Association of Salaried Medical Specialists), and house surgeons and registrars (Resident Doctors Association), are responsible for negotiating with health providers for salaried doctors terms and conditions.
Organisation of medical services in hospital practice

The 6th year of medical school in NewZealand is known as the Trainee Intern year, where students participate in medical teams in a junior capacity whilst maintaining their student learning. After graduation, the intern or PGYI year is a probationary registration year with requirements from the Medical Council having to be met before general registration (a general scope of practice) is approved. Most young doctors complete a second house surgeon year before entering formal training programmes in their chosen specialty. Once in a vocational training programme, registrars (residents) come under the auspices of the relevant college, and are supervised by college accredited supervisors, After fulfilling the required training experience and exams, registrars become fellows of the appropriate college, gain vocational registration (a vocational scope of practice) with the Medical Council and are employed as Senior Medical Officers with the DHB. T hemedical structure of health delivery teams on a service usually consists of a SMO, registrar, house surgeon and possibly trainee intern.
Organisation of medical services in general practice

General practitioners in NewZealand are both vocationally registered and generally registered practising under the supervision of a collegial relationship (ie, practising in a general or a vocational scope). Trainee interns also contribute in general practices, where they are under the supervision of the general practitioner. Inrecent years, some funding has been made available for house surgeons to experience attachments in general practices. General practice registrars are employed by general practitioners to provide services as a part of training. Most general practitioners own and run their own practices as small businesses either individually or more commonly in groups.
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CHAPTER 3 The doctor patient relationship

Susan J Hawken is a general practitioner and Senior Lecturer in the Department of Psychological Medicine, University of Auckland. Hamish Wilson is a general practitioner and Senior Lecturer in the Faculty of Medicine, University of Otago. Cite this as Hawken SJ, Wilson H 2013. Thedoctor patient relationship. Chapter 3 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Qualities of an effective doctor patient relationship Theimportance of listening Patient centred clinical medicine Whole person care Monitoring your consultation style Challenging situations Sexual boundaries Ending a relationship
36 37 37 38 38 39 40 40
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The doctor patient relationship is central to the practice of medicine and to achieving effective clinical outcomes. While it has also been considered as the seventh element of quality in general practice settings, all practitioners can derive a deep sense of satisfaction through good doctor patient relationships.1 Many relationship skills can be learned through role modelling, but specific educational interventions are required for higher levels of competence.2 Clinical relationships need to be understood and developed effectively, as they can also be a source of great discomfort and even harm to both patients and doctors. This chapter outlines the underlying principles of the doctor patient relationship, and how listening is essential to good medical care. W ewill then discuss two approaches to clinical practice called patient centred clinical method and whole person care. Reflection on practice is essential if relationship skills are to be improved. Finally, we will discuss more challenging interactions, including how to end the doctor patient relationship.
Qualities of an effective doctor patient relationship

Professionalism is the basis of medicines relationship to society and can be viewed as a social contract.3 As part of this contract, doctors have an obligation to maintain their competence. naddition, doctors are expected to be trustworthy, moral, honest, accountable, and I compassionate. They need to work in the best interest of the patient while preserving theirconfidence. Although the clinical context is rapidly changing, what patients want from their doctor is clear caring, kindness, courtesy and compassion.4 General practitioners also focus on a holding relationship which maintains a trusting, constant and reliable relationship with ongoing support, often without the expectation of a cure.5 Doctors will interact with patients from a wide range of ethnic, cultural, social, and economic backgrounds. Patients may have lifestyles which include different underlying values to the doctors own; it is essential that respect for all patients and whanau is upheld. This is also mandated in NewZealands Code of Health and Disability Services Consumers Rights. Confidentiality can only be broken in extreme cases of imminent harm to the patient or others. Itis the doctors responsibility at all times, and through the systems that they work in, to maintain confidentiality and privacy of all patient information. Trust is an important quality in the therapeutic relationship, yet it is often not explicitly negotiated with the patient. Patients may be quite vulnerable when they are making a decision to trust their doctor, sometimes within only a brief interaction. Trust can be developed and deepened if doctors show an early interest in the patient, display sensitivity to patient emotion, give time, build alliances and for short periods of time step outside their prescribed role (for example using shared humour).6 Doctors who encourage patients to talk, check understanding, provide information, and use humour are less likely to receive complaints.7 At the heart of each relationship is effective and culturally competent communication. Listening is a key ingredient.
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Theimportance of listening
Many older doctors in clinical practice have developed their own style of consulting over time, largely through trial and error. While many have an effective bedside manner, the research on consulting skills indicates that good communication can be taught and learned and that it is not necessarily an innate or intuitive skill.8 For these reasons, most medical schools now include consultation training as part of their clinical skills programmes. Students are taught about the structure of each consultation and how to use microcommunication skills (introductions, open and closed questions, exploring the patients ideas, minisummaries, and so on).9 The outcome of this training is better listening, which in turn, improves the doctor patient relationship. hethree major functions of listening are to help make an accurate diagnosis, to develop T and maintain the doctor patient relationship, and to act as a healing and therapeutic agent.10 Adler for example, has researched the sociophysiology of caring, where empathic listening can cause physiological changes in muscle tension and blood pressure.11 It can be profoundly helpful if the doctor is fully present and engages with the patients story and situation. Being heard in this way can help the patient make better sense of their illness. These undergraduate training programmes are usually embedded in what is known as a patient centred approach to clinical practice.
Patient centred clinical medicine

The underlying knowledge basis of modern practice is known as biomedicine, a relatively new approach to individual illness that emerged in the sixteenth and seventeenth centuries. This particular medical model has of course, been very powerful, affording an advanced understanding of the problems of the human body. I nthe last 50 or so years, there is also increasing evidence that communication skills in each consultation will improve the health outcomes of patients.12 Such evidence is the rationale for emerging models of clinical practice such as the patient centred clinical method.13 This clinical model differentiates between the disease (symptoms, pathophysiology, diagnosis, investigations, and treatment) and the illness (the patients ideas, feelings, effect on daily life, the meaning of being unwell, any anguish or suffering), or in other words, the personal experience of illness.14 While the patients disease is never really separate to that person, this conceptual differentiation is useful as it affords some objectivity for both doctor and patient. Thedoctor has a body of knowledge about each disease that usually helps to predict the clinical course. Thepatients concerns are validated and justified as he or she has a legitimate problem. nthe patient centred clinical method, doctors weave between the disease and the illness I in each consultation, attending to relevant disease details while also eliciting the patients concerns and illness experience. This approach leads to a better negotiation of the outcome of the consultation where the patients ideas and expectations often impact on decision making. Being patient centred does not imply giving patients what they want; instead, the name emerged as a reaction against older more paternalistic styles of biomedical practice where doctors made unilateral decisions. T hepatient centred model of consulting has been very influential, even if most senior doctors have not been explicitly trained in its use.
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Whole person care

The whole person care model further explores the implications of being patient centred.15 Hutchinson has usefully noted that the doctor really has two relationships to consider: his knowledge and skills in relation to disease (the details or content of medical work); and the doctor patient relationship (Figure 1). Each relationship has a different set of characteristics requires a specific approach. Thegoal with the former is cure, or at least modification of the disease process. T hegoal with the latter is modification of the illness experience through relief of suffering, professional guidance, support and long term care. T hegoal of this interpersonal relationship is to help the patient gain greater tolerance and equanimity in the face of disease. Figure 1. Thetwo relationships and tasks in medical practice
When the doctor and patient focus on cure of acute illness, the patients goal is usually to regain full function. Inchronic disease however, disease is never fully cured. I tis even more important here for the doctor to attend to the illness experience and any potential suffering caused by disease. Acaring, long term relationship is required where the doctor stands alongside and supports the patient. Identifying and attending to suffering is crucial for many patients.16 The whole person care model is a helpful reminder to the medical profession of the two main tasks of doctoring: identifying and managing disease on the one hand, and attending to the person of the patient on the other. This is the essence of the doctor patient relationship.17
Monitoring your consultation style

Another feature of modern undergraduate medical training is the emphasis on careful review of clinical work. Reflection involves thoughtfully considering ones own experiences in applying knowledge to clinical practice, while being coached by professionals in the discipline.18 Most medical students are now required to analyse and review their consulting skills as well as to write about or discuss their seminal learning experiences. These activities are known as reflection on action, as they usually occur after the event. Theoverall goal is reflection in action, the capacity for increased awareness of the ebb and flow in each consultation, whether in hospital practice or in primary care.
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Modern methods of reflection include peer groups, video analysis, Balint groups, mentoring and supervision. Peer groups have been well developed in NewZealand and are included as part of general practitioners requirements for recertification. These groups started in the 1980s and are self run by small groups of doctors who meet regularly to discuss their clinical work. Video analysis of a series of consultations is now required by general practice trainees. Manyreport that such analysis has enabled a better understanding of their own style of consulting. Balint groups emerged in the United Kingdom in the 1950s when Dr Michael Balint ran general practitioner groups to discuss their more difficult or troubling patients.19 Some medical schools in Europe now use these groups in undergraduate training. Themethod itself has since evolved considerably and Balint groups are now becoming more popular, especially using multidisciplinary groups.20 Mentoring and supervision are one to one methods of clinical review and support. Mentoring is usually with a more senior colleague who can help a junior enter their chosen field, provide support when doctors are under stress, or help a doctor start work in a new country.21 Supervision is usually with a psychotherapist and is more focused on the nuances of the doctor patient relationship. Because the therapist does not have medical training, there is less chance of becoming side tracked by biomedical details. Doctors can also improve their psychological understanding of patients through this ongoing method of professional support.22 All these methods are aimed at better understanding of the quite diverse doctor patient relationships in modern clinical practice.
Challenging situations
These methods of reflective practice are useful when clinical situations or particular patients are challenging to the doctor. There is an interesting literature from the UK on the heartsink patient, where the doctors heart sinks to floor when consulting with or even thinking about a particular patient.23 Most doctors will admit to having several such patients, where they feel quite challenged or even inadequate. While a few patients will prove problematic for almost all doctors, most patients who are labelled in this way are simply illustrating specific problems in the doctor patient relationship. Identifying and analysing why each patient is difficult can be extraordinarily helpful, both for the doctor and for the patient.24 Some patients however, are problematic for many doctors.25 Challenging patients tend to confront the doctors assumed authority, while clinging patients make unrealistic demands on the doctors time or potential effectiveness. self destructive patients include those with alcohol, drug and gambling problems. Many doctors find it difficult to acknowledge that they are relatively powerless to intervene. Cultural barriers or other factors preventing adequate communication can also induce feelings of frustration and impotence. Allthese patients can be troublesome because they dont conform to the doctors own expectations of feeling competent and effective, or because they are not displaying the proper behaviour expected of patients.
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Balint groups and supervision are particularly useful methods of reflection and support, as they focus directly on the doctor patient relationship. Acknowledging that some patients are challenging and disruptive to the doctors self esteem and equilibrium is helpful, as without the benefit of such insight, some doctors avoid engagement. While this can lead to poor outcomes for patients, the doctor also misses out on his or her usual sense of purpose and meaning that emerges from productive therapeutic relationships.26 In this way, reflective practice about these challenging or heartsink patients can also help avoid burnout and compassion fatigue. Patients with somatisation can be particularly challenging to the doctor patient relationship. Such patients usually present with multiple somatic complaints but no underlying organic pathology is found. While many can be educated about links between their stress and their symptoms facultative somatisation), there is a small group of obligate somatisers who are much more difficult to manage.27 Unnecessary investigations often emerge from these unsatisfactory consultations, illustrating what is known as somatic fixation by both doctor and patient. Learning how to approach the somatising patient is an important clinical skill in all areas of medical practice. Other challenging situations are in relation to maintaining appropriate professional boundaries and when ending a therapeutic relationship.
Sexual boundaries
Given the power imbalance between doctor and patient, setting and maintaining appropriate professional boundaries is the responsibility of the doctor. Asexual relationship with a patient is never acceptable, as it violates the trust in the relationship and is harmful to both parties. TheMedical Council provides clear guidelines about sexual boundaries28 and any doctor who is sexually attracted to a patient is strongly advised to seek help from a trusted colleague. Asprofessional role boundaries are complex, both medical students and doctors need ongoing education and support in this area of professional practice.29, 30
Ending a relationship
Occasionally, the therapeutic relationship may become too damaged to continue. T hepatient and the doctor must be clear about the reasons for ending the relationship and the transfer of care needs to be managed carefully. Insome situations, expert medical and legal advice is helpful, but termination of care cannot occur if acute or emergency care of the patient is required. Further models around ending a relationship in the general practice setting are described by Stokes.31 In depth guidance is outlined by the MCNZ. In summary, the doctor patient relationship is central to the practice of medicine. Clinical relationships require as much focus and attention as technical competence and biomedical details. Theoutcomes of this focus on relationship are improved clinical outcomes, enhanced practitioner satisfaction and a greater sense of professional wellbeing.
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References
1. Mendoza MD, Smith SG, Eder MM, Hickner J 2011. T heseventh element of quality: the doctor patient relationship. FamMed. Feb; 43(2): 839. 2. Egnew TR, Wilson HJ 2011. Role modeling the doctor patient relationship in the clinical curriculum. FamMed. Feb; 43(2): 99105. 3. Cruess RL, Cruess SR 2008. Expectations and obligations: professionalism and medicines social contract with society. Perspect Biol Med.; 51(4): 57998. 4. Youngson R 2012. Time to care: how to love your patients and your job. Raglan: Rebelheart Publishers. 5. Cocksedge S, Greenfield R, Nugent GK, Chew-Graham C 2011. Holding relationships in primary care: a qualitative exploration of doctors and patients perceptions. B rJ Gen Pract. Aug; 61(589): e48491. 6. Skirbekk H, Middelthon A- LHjortdahl P, Finset A 2011. Mandates of trust in the doctor patient relationship. Qual Health Res. Sep; 21(9): 118290. 7. Levinson W, Roter DL, Mullooly JP, Dull VT, Frankel RM 1997. Physician patient communication. T herelationship with malpractice claims among primary care physicians and surgeons. JAMA. Feb. 19; 277(7): 5539. 8. Kurtz S, Silverman J, Benson J, Draper J 2003. Marrying content and process in clinical method teaching: enhancing the Calgary-Cambridge guides. Academic Medicine; 78(8): 8029. 9. Kurtz SM, Silverman J, Draper J 1998. Teaching and learning communication skills in medicine. Oxford: Radcliffe Medical. 10. Jagosh J, Boudreau J, Steinert Y, MacDonald M, Ingram L 2011. T heimportance of physician listening from the patients perspective: enhancing diagnosis, healing and the doctor patient relationship. Patient Education and Counseling. I npress 11. Adler HM 2002. Thesociophysiology of caring in the doctor patient relationship. J Gen Intern Med. 17(11): 88390. 12. Griffin SJ, Kinmonth AL, Veltman MWM, Gillard S, Grant J, Stewart M 2004. Effect on health related outcomes of interventions to alter the interaction between patients and practitioners: a systematic review of trials. Annals of Family Medicine; 2(6): 595608. 13. Stewart M 2003. Patient centered Medicine: Transforming the Clinical Method. Oxford: Radcliffe Publishers. 14. Helman CG 1981. Disease versus illness in general practice. Journal of the Royal College of General Practitioners; 31(230): 548. 15. Hutchinson T, editor 2011. Whole person care: a new paradigm for the 21st century. NewYork: Springer. 16. Cassell EJ 1982. Thenature of suffering and the goals of medicine. N ewEngland Journal of Medicine; 306(11): 63945. 17. Wilson H, Cunningham W 2013. Being a doctor: understanding medical practice. Dunedin: Otago University Press. I nPress.
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18. Schon D 1983. T hereflective practitioner: how professionals think in action. NewYork: Basic Books. 19. Balint M 1957. Thedoctor, his patient, and the illness. London: Pitman. 20. Davis M, Wilson H 2011. W hyare Balint groups still relevant and important for GPs? GP Pulse; 12: 67. 21. Freeman R 1998. Mentoring in General Practice. Oxford: Butterworth Heinemann. 22. Wilson H 2000. Self care for GPs: T herole of supervision. N ewZealand Family Physician; 27(5): 517. 23. Mathers NJ, Gask L 1995. Surviving the heartsinkexperience. FamPract; 12(2): 17683. 24. Wilson H 2005. Reflecting on the difficult patient. NewZealand Medical Journal; 118 (1212). 25. Clark R, Croft P 1998. Heartsink patients. In: Clark R, Croft P, editors. Critical reading for the reflective practitioner. Oxford: Butterworth Heinemann. p. 26791. 26. Suchman AL, Matthews DA 1988. What makes the patient doctor relationship therapeutic? Exploring the connexional dimension of medical care. Annals of Internal Medicine; 108(1): 12530. 27. Mann B 2007. Generalism the challenge of functional and somatising illnesses. NewZealand Family Physician; 34(6): 398403. 28. Medical Council of NewZealand 2009. Sexual boundaries in the doctor patient relationship. Aresource for doctors. Wellington. 29. White GE 2004. Setting and maintaining professional role boundaries: an educational strategy. MedEduc. Aug; 38(8): 90310. 30. Spickard WA, Jr., Swiggart WH, Manley GT, Samenow CP, Dodd DT 2008. Acontinuing medical education approach to improve sexual boundaries of physicians. Bull Menninger Clin.; 72(1): 3853. 31. Stokes T, Dixon-Woods M, McKinley RK 2004. Ending the doctor patient relationship in general practice: a proposed model. F amPract. Oct; 21(5): 50714. 32. Medical Council of NewZealand 2011. Ending a relationship. Wellington.
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CHAPTER 4 Cultural competence and patient-centred care

Jean Hera was a lay member of the Medical Council from 20012009 and has a background in consumer health issues, social and community work. Cite this as Hera J 2013. Cultural competence and patient centred care. Chapter 4 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Cultural competence and patient-centred care aconsumer perspective 44 Cultural competence and patient-centred care therequirements The Health Practitioners Competence Assurance Act 2003 The Medical Council of NewZealand TheCode of Health and Disability Consumers Rights TheHealth Quality and Safety Commission Cultural competence and the context of NewZealandsociety 45 45 45 46 46 47
Recognition of the importance of bicultural heritage anddevelopment 47 Encountering NewZealand society Iscultural safety a better term for a patient-centred approach? Cultural competence: patient-centred and familycentredapproaches Cultural competence and patient-centred care anongoingjourney 47 48 48 49
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Cultural competence and patient-centred care aconsumer perspective

As a patient I feel vulnerable and I find it hard to feel empowered even as a knowledgeable and assertive person. Although I was born in this country, have always lived here, and I am from the dominant culture, the health environment often still feels strange and alienating to me even though I know a lot about it, including my rights as a health consumer and how to follow up on any concerns that I may have. Ifeel nervous about what I dont know and also what I do know from my own past experiences and the stories I have heard from others. Ihave also personally experienced and heard about many excellent health experiences but somehow the not so good ones are often more prominent in my mind. I am aware that it can be far more difficult for patients with less education, whose culture is far removed from the context they are in, for those who feel judged because of how they look, act or because of their lifestyle, for those who dont have English as a first language or who barely speak English at all, and for many of those who can no longer speak or act for themselves. What then is important to myself and other patients in receiving culturally competent patient centred medical care? This is not an easy question to answer simply, and certainly not on behalf of others in all their diversity. I tis questionable whether I should even attempt to speak on behalf of others. However in my roles as a lay member or health consumer representative I am attempting to bring a strong and inclusive (but reasonable) consumer voice. Therefore I will attempt to do this. epatients need you, our doctors, to develop a general and interconnected set of attitudes, W behaviours, knowledge and skills that enable you, to be nonjudgmental and show us respect and understanding, to be approachable, and to communicate well. Wewant you to behave in ways that make us feel safe, assist us to ask questions and give feedback about any concerns we have, and we want to be listened to. Ifour requests cannot be accommodated we want you to be honest with us about why this is. Itis helpful when you are friendly, and pronounce our name correctly or at least talk with us so that you can learn how to do this. Weappreciate it when you show humility and assist us to tell you if there is any cultural need we may have that you are not aware of. I fit is possible, help us to ensure that any important cultural requirements we have are accommodated. As a general rule we want to be active partners in our health care decision making however in some cultural contexts we may not want this and we may not find it easy to communicate this to you. Ifwe do not understand you we may find it hard to tell you this and in some cultural contexts even nod as if we do understand. W ehope that you do not label us as noncompliant or difficult but work to find ways to understand our reality and adapt to this. ealso need doctors to engage well and in a culturally competent way with our family W and other support people when this is appropriate. Wehope that our doctors are culturally sensitive in all aspects of their work with us, not just to our face, and when we are conscious. Cultural competence also needs to extend beyond the patient to apply to interactions with colleagues and others encountered in the health environment to help ensure safe, collaborative and supportive health systems are in place around us. Cultural competence involves the heart as well as the intellect. Wecan teach you a lot if you are open to this.
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General cultural competencies must be recognised as significantly more important than developing a range of cross cultural knowledge about specific ethnicities and cultures. I fyou manage to achieve this as well it could be very helpful unless you embarrass and undermine us by knowing more about our culture than we do but then this would not be our lived culture. Ifyou are not able or are too busy to meet absolutely all these need is we hope you will help to develop and support health systems that can. Isthis too much to ask?
Cultural competence and patient-centred care therequirements The Health Practitioners Competence Assurance Act 2003
One of the additional provisions for health registration authorities introduced under the Health Practitioners Competence Assurance Act 2003 (HPCAA) is that of setting the standards of cultural competence to be observed by health practitioners. This is included under section 118(i) of the Act.1
The Medical Council of NewZealand

The Medical Council sets the overarching standards of medical practice in Good medical practice.2 An important theme throughout is that of working in partnership with patients and what this entails. This provides important guidance for patient centred care. TheCouncil 3 released a general statement on cultural competence in 2006. alongside a statement on best practices when providing care to Mori patients and their whnau.4 A resource booklet prepared for the Council by Muri Ora Associates on practice implications with Mori patients and their whnau5 was also released at this time. These statements provide guidance to the profession in developing cultural competence both as individual practitioners and in their broader contexts, for example, through practitioner groupings such as the specialist branch advisory bodies. In2010 the Council published a resource booklet to assist doctors when providing services to Pasifika patients and their families.6 The Council defines culture broadly extending beyond ethnicity and recognising that patients identify with multiple cultural groupings. These include (but are not limited to) gender, spiritual and other belief systems, sexual orientation, disability, lifestyle, age and socioeconomic status. Thedefinition of cultural competence in the Councils statement is:
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Cultural competence requires an awareness of cultural diversity and the ability to function effectively, and respectfully, when working with and treating people of different cultural backgrounds. Cultural competence means a doctor has the attitudes, skills and knowledge needed to achieve this. Aculturally competent doctor will acknowledge: That NewZealand has a culturally diverse population. That a doctors culture and belief systems influence his or her interactions with patients and accepts this may impact on the doctor patient relationship. That a positive patient outcome is achieved when a doctor and patient have mutual respect and understanding. heCouncil is currently reviewing advice and resources for patient centred care and cultural T competence.
TheCode of Health and Disability Consumers Rights

The Code outlines requirements that are important to patient centred care and cultural competence.7 Right One is about patients (or consumers) being treated with respect and includes the statement that services should take into account your cultural, religious, social and ethnic needs, values and beliefs. Right Two states that as a consumer you should be free from discrimination on the grounds of age, gender, race, beliefs, marital or family status, employment, sexual orientation or disability. Right Five states that information should be given in a form, language and manner in which you can understand and that a competent interpreter should be available if you need one and if it is reasonably practicable. Right Seven includes a statement that you may make decisions about body parts or bodily substances and this is of particular significance to some cultures including Mori.
TheHealth Quality and Safety Commission

The Health Quality and Safety Commission (HQSC) was established in 2010 as an independent agency to lead initiatives to improve health quality and safety. Itrecognises the importance of working at the individual, population and systems level, and the need for consumer and provider partnerships to improve health quality and safety. Although the HQSC has not developed requirements for cultural competence and patient centred care it is developing relevant resources and guidelines.8 Partnership between providers and consumers is recognised as critical and this aspect is being developed in their Partners in Care Framework. This framework gives recognition to meeting the challenge of balancing the mix of evidence based medicine with the unique sets of values and experiences of consumers to produce treatment plans that meet both standards of clinical best practice and individual need. Afree online course on cultural competency is available.
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Cultural competence and the context of NewZealandsociety Recognition of the importance of bicultural heritage anddevelopment
The establishment of cultural awareness and competency concepts and training in Aotearoa NewZealand have usually incorporated an understanding of our bicultural heritage as a key understanding. This bicultural emphasis recognises Mori iwi (tribes) as the indigenous or first nation peoples (tangata whenua), and the people from the other (originally predominantly British) cultures (tauiwi), as the later colonisers. Te Tiriti o Waitangi, the Treaty of Waitangi of 1840, is recognised as the founding document between Mori iwi and the British crown on behalf of the later arrivals. Mori is an official language in Aotearoa NewZealand. Mori protocols and rituals of encounter have been incorporated into many health workplaces. Mori/iwi health services have been established throughout the country as have Mori policy, advisory and cultural services in District Health Boards and Primary Health Organisations. Treaty of Waitangi and Tikanga Mori training is ongoing and expected in many health workplaces in Aotearoa NewZealand. Mori cultural practices vary between tribal groups and understanding this assists respectful interactions. Research concerning health disparities for Mori, and ways to address these, is important in the ongoing development to assist culturally competent practice with Mori.
Encountering NewZealand society

There are numerous new challenges for overseas doctors in understanding the peculiarities of NewZealand society, and the context and processes involved with health care delivery.9 In addition to learning about Mori culture there are Aotearoa NewZealand colloquialisms, humour and other shared cultural understandings to make sense of. There are cultural patterns to be aware of, for example, many NewZealand men have a tendency to understate illness and may be reluctant to consult their doctor when unwell. Itis important to recognise that illnesses, for example depression, may manifest differently for people of different cultures in the way symptoms are presented. Aotearoa NewZealand is increasingly becoming more diverse with the number and range of different ethnicities and cultures increasing and with some groups, such as Asian immigrants, growing rapidly. Pasifika communities are scattered throughout, are more prominent in certain areas and from 22 separate Pacific nations who have their own distinctive language, culture and history. Significant additional differences are also evident between Pasifika peoples who have been born in Aotearoa NewZealand and those who have immigrated. These and many other aspects influence the make up and expression of NewZealand as a society.
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scultural safety a better term for a patient-centred I approach?

Although similar concepts, nurses, some academics, educationalists and doctors assert that kawa whakaruruhau/cultural safety, the term introduced by Irihapeti Ramsden and adopted by the nursing profession, is preferable to the term cultural competence. 10, 11, 12 Bothterms concern the relationship between the helper (health professional) and the person being helped (the patient) however cultural competence is frequently described as being more centred on the health professionals experience while cultural safety centres on the experiences of the patient. Itis therefore argued that cultural safety fits better with a patient centred stance. That is, the patient can and should determine what is culturally important to his or her needs. It is argued that health consumers are then able to become full partners in health care interactions, active in their treatment and are assisted to feel safe, respected and empowered. However the development of culturally safe practice requires health practitioners to establish, maintain and develop cultural competency. Itcan be argued then that these terms are intertwined. Competency requires safety and safety requires competency. Apatient centred approach needs to be central to both. Concepts of cultural competence and cultural safety both also recognise the importance of culturally appropriate and respectful professional relationships with colleagues and staff and the responsibility health professionals have in challenging cultural bias in health care systems where this brings negative impacts for patients. Cultural competence involves working effectively with interpreters to enable and improve communication, and developing networks with individuals and organisations who can provide expertise to assist in better understandings of patients cultural needs.
Cultural competence: patient-centred and familycentredapproaches

Patient centred care places the needs of patients at the centre of health care interactions.13 It means being truly present with patients, aware of the values, biases, assumptions and expectations you bring and being able to question these while at the same time trying to imagine what it is like in your patients situations. Itinvolves engaging with difference, having the ability to listen without interrupting and with a willingness and ability to extend your understanding to assist your patients.14 The ability to look back on your patient/doctor interactions, review these, consider how they might be improved, and develop awareness and knowledge for the future is important. This self reflection (reflective practice) is an important ongoing activity when working for ongoing improvement in cultural and other competencies. ormany cultures and contexts family centred approaches are important also as it is not F possible to consider the patient without the wider unit of their whnau/family and extended family. Insome cultures patients and their families may prefer a family centred approach to care and this can mean family members taking the lead in decision making.15 There may be a preference for a paternalistic approach where doctors are expected to be the decision makers.
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This preference is somewhat at odds in the modern health care environment influenced by for example the Code and Good medical practice and creates tensions that need careful management. Ifthe cultural context indicates a family centred approach, it is important to establish that this is what the patient genuinely wants and that they are not unwillingly being dominated by others. Some families are not a positive environment for patients and may instead be a danger to them. Traversing this can be fraught with tensions and difficulties. Itis important to remember that each patient context is different and assumptions are never helpful.
Cultural competence and patient-centred care anongoingjourney

The two concepts of cultural competence and patient centred care are from separate traditions but share many core features.16 Both are central to improving health quality and safety across the individual, family, community, population and health care systems levels. Cultural competence and patient centred care involves an ongoing journey there is always more that can be learned. T hekey is being committed to the journey alongside patients, their whnau/families and other support people, and also when appropriate in the wider context of reducing disparities and working alongside communities and health consumers to improve both the quality of services and health outcomes.
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References
1. Health Practitioners Competence Assurance Act, 2003 p87. 2. Medical Council of NewZealand 2008. Good medical practice, standards for the profession. Wellington, revised. 3. Medical Council of NewZealand 2006. Statement on cultural competence. Wellington. 4. Medical Council of NewZealand 2006. Statement on best practices when providing care to Mori patients and their whnau, Wellington. 5. Medical Council of NewZealand by Muri Ora Associates 2006. Best health outcomes for Mori: practice implications, Wellington. 6. Medical Council of NewZealand by Muri Ora Associates 2010. Best health outcomes for Pacific peoples: practice implications, Wellington. 7. NewZealand Code of Health and Disability Services Consumers Rights. 8. http://www.hqsc.govt.nz. 9. Durie M 2001. Cultural competence and medical practice in NewZealand, Australian and NewZealand Boards and Councils Conference, Wellington, November. 10. Gray B 2008. Managing the cross cultural consultation. Theimportance of cultural safety. NZFP, Vol35, No2, April. 11. Wepa D (ed.) 2005. Cultural safety in Aotearoa NewZealand, Auckland, Pearson Education NewZealand. 12. Papps E 2005. Cultural safety: daring to be different; in Wepa D (ed.), Cultural safety in Aotearoa NewZealand, Auckland, Pearson Education NewZealand. 13. Clarke ME, DeGannes CN 2008. Introduction to cultural competency. www.medscape.com/viewarticle/573591. 14. Spence D 2005. Exploring prejudice, understanding paradox and working towards new possibilities; in Wepa D (ed.), Cultural safety in Aotearoa NewZealand, Auckland, Pearson Education NewZealand. 15. Mobeireek A F, Al-Kassimi F, et al 2008. Information disclosure and decision making: the Middle East versus the Far East and the West, Journal of Medical Ethics, Vol34: 225229. 16. Beach M C, Somnath, SCooper L A 2006. Therole and relationship of cultural competence and patient centeredness in health care quality. http://www.commonwealthfund.org/ usr_doc/beach_rolerelationshipcultcomppatient-cent_960.pdf.
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CHAPTER 5 Mori and health

Peter Jansen (Ngati Raukawa) is a general practitioner and medical administrator, and formerly Acting Director of Clinical Services for the Accident Compensation Corporation. David Jansen (Ngati Raukawa) is a general practitioner in Auckland. Cite this as Jansen P, Jansen D 2013. Mori and health. Chapter 5 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Introduction Mori history and the Treaty TheTreaty and health Mori health and inequalities Differential approaches to treatment Theimpact of culture on health Culture of the doctor Mori concepts and Mori health values Tapu and noa Whnaungatanga Tangihanga Manaakitanga Rongo and traditional healers Mori language Glossary
52 52 54 54 55 56 56 56 56 57 57 57 58 58 60 62
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Introduction
Mori are indigenous to Aotearoa NewZealand and a significant proportion of our society, comprising some 624,000 people (at census 2006) with expatriate communities in Australia (estimated 150,000) and Britain (estimated 15,000). Mori peoples are essentially a tribal society constructed from small family based units (whnau) organised into subtribes (hap) which contribute to larger tribal entities (iwi). Providing culturally competent care for Mori increases the likelihood of Mori engaging with health professionals and health services, improves adherence to treatment plans, and ultimately improves overall Mori health status. This chapter recognises that culturally competent practice should include consideration of Mori needs, values and preferences across all domains of practice. Readers should familiarise themselves with the relevant Medical Council statements on cultural competence and resources to support culturally competent care. Chapters on other ethnic groups and on the principles of culturally competent care are also included in this book.
Mori history and the Treaty

Traditional and modern scientific knowledge concur that Mori arrived in Aotearoa NewZealand from Hawaiki, the east Polynesian homeland at least 500 years before contact with European explorers. After the late eighteenth century, an increasing number of traders, whalers, sealers and settlers came to NewZealand. T heBritish Government appointed James Busby as British Resident in 1833 to protect British trading interests and counter the increasing lawlessness amongst traders and settlers. B y1839, there were an estimated 2,000 Pkeh and 150,000 Mori living in NewZealand. Declaration of Independence was signed in 1835 by 52 Mori chiefs at the instigation of A Busby and later tabled in the British Parliament. Asa result the British Crown could make no claim on NewZealand without Mori agreement. In1840, the British Government sent out Captain William Hobson to sign a treaty with the Mori chiefs. Hobson carried instructions from Lord Normanby of the Colonial Office to secure sovereignty over the independent state of NewZealand. Consequently, in 1840, a treaty was drawn up and translated into Mori by Henry Williams, an English missionary, prior to being debated at Waitangi. After a single day of debate the Treaty was signed on 6 February 1840, at Waitangi in the Bay of Islands by 43 Northland chiefs. Over the next eight months, the Treaty was signed at more than 40 other locations by more than 400 Mori chiefs including some women. However many important chiefs refused to sign the Treaty. Both the English and Mori versions of the Treaty contain three articles but the Mori translation differs significantly from the English version, resulting in two documents with different meanings and interpretation.
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hefirst article covers sovereignty. T TheEnglish version states that Mori give up sovereignty to the British Crown, describing it as a complete transference of power to the Crown. B ycontrast, the Mori version implies a sharing of power and uses the word kawanatanga, an improvised word which did not mean a transfer of authority from Mori to British hands, but implied the setting up of a government by the British. Thenearest Mori equivalent to the English term would have been mana or rangatiratanga. hesecond article, mainly about the protection of property rights, also concerns tino T rangatiratanga or chieftainship. TheEnglish version specifically gives Mori control over lands, forests, fisheries and other properties, but the Mori version implies possession and protection of cultural and social items such as language and villages and promises much broader rights for Mori in regard to possession of existing properties. Explanations given at the Treaty signings support the conclusion that Mori expected that rangatiratanga would be enhanced not eroded, with the Queen or her representative having the power of governorship alongside their sovereignty as chiefs. Thethird article promises Mori the same citizenship rights as British subjects. Both versions of the Treaty of Waitangi are legitimate as both versions are signed. However, despite the promises and protection offered in the Treaty of Waitangi, the document was ignored in spirit and disregarded materially for many years. Many of the rights guaranteed to Mori were violated, and Mori lost most of their land through the nineteenth and twentieth centuries. T hemanner in which the land was lost was often questionable, and led to considerable protest from Mori. These protests largely fell on deaf ears until the establishment of the Waitangi Tribunal in 1975. n1896, the Mori population reached its lowest point, estimated at 42,000 while migration of I non-Mori accelerated.1 The cultural and political structure of NewZealand in 1840 was still essentially Polynesian, and all European residents absorbed Mori values to some extent. During this period, Mori commercial enterprise prospered. F orinstance in 1857 Te Arawa and Tuwharetoa Mori (connected tribes descended from the Te Arawa canoe and covering the Bay of Plenty, Taupo and Rotorua areas) consisting of approximately 8,000 people had an estimated 3,000 acres of land in wheat, 300 acres in potatoes, nearly 2,000 acres in maize, and 1,000 acres of kumara. Inaddition they owned some 100 horses, 200 cattle, 5,000 pigs, 4 water powered mills, 96 ploughs, and 43 coastal vessels averaging nearly 20 tonnes each. Mori were actively and purposefully organising successful commercial ventures and exporting from their tribal estates to the growing settler communities in NewZealand and New South Wales. Mori demonstrated a clear determination to gain the literacy skills of the Europeans. Mori tribes actively sought missionaries to settle in their areas to acquire these skills. During the twentieth century, the Mori population has recovered and at over half a million is now larger than ever before. However, social and economic disparities continue to exist.
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heWaitangi Tribunal was established in 1975 to rectify past breaches of the Treaty by the T Crown. Claims cannot be made against private organisations or individuals. T heTribunal considers both English and Mori versions of the Treaty when making decisions and is also instructed to have regard for the principles of the Treaty rather than the precise words. Inthis way, some of the difficulties of conflicting texts (English and Mori) can be avoided. Since its establishment, the Waitangi Tribunal has ruled on many claims brought by Mori, and many others have been settled through direct negotiation between the Crown and claimant tribes. Inmany cases, compensation has been granted, often including return of land and financial recompense, which is vested in the tribal authorities for economic development.
TheTreaty and health

The Government has identified three principles derived from the Treaty and relevant to Mori health in key statements and policies.2 The principles are: Partnership working with Mori communities at all levels to develop strategies for the communitys health care, Participation involving Mori at all levels of the planning and delivery of health care services, and Protection working to ensure that Mori have at least the same level of health as nonMori, and safeguarding Mori cultural concepts, values, and practices.3 The Treaty of Waitangi can be seen to apply to Mori health in numerous ways. Most importantly, the Treaty should have ensured that Mori retained their land, forests and fisheries. Inaddressing land rights, loss of language and social disruption, compensation can help to address some of the social determinants of health. Further, in the Mori version, the Treaty ensures that taonga, or precious possessions, would be protected and retained. Inthis context, health is sometimes considered a taonga. I naddition, the NewZealand Public Health and Disability Act 2000 recognises the Treaty of Waitangi, by requiring District Health Boards to improve the health outcomes of Mori and other population groups.
Mori health and inequalities

Mori, the indigenous population of NewZealand make up approximately 15 percent of the NewZealand population, yet Mori have the poorest health of any NewZealand group. Mori have a higher mortality rate than non-Mori, as well as higher rates of illness, Mori infants die more frequently from SIDS and have lower birth weight than non-Mori4, 5 as well as higher rates of illness.6, 7 Mori infants die more frequently from SIDS and have lower birth weight than non-Mori children.8
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Avoidable death rates are almost double for Mori than for other NewZealanders, and Mori die, on average, eight to ten years earlier.9, 10 NewZealand has a higher rate of death from cancer than Australia, with Mori accounting for two thirds of the excess male cancer deaths and one quarter of the excess female cancer deaths.11 Mori women have rates of breast, cervical, and lung cancer that are several times those of non-Mori women.12 There is a higher incidence of obesity in the Mori community (27 percent vs 16 percent), which contributes to the higher incidence of diabetes (8 percent vs 3 percent) and the younger age at diagnosis (43 years vs 55 years). This is compounded by lower rates of diagnosis and lesser access to effective treatment.13 In summary, Mori are sicker, for longer periods, but have less access to care and die earlier than Pkeh. These disparities in overall Mori health persist even when factors such as poverty, education and location are accounted for, demonstrating that culture is an independent determinant of health status.14, 15 These lower standards of health lead to suboptimal outcomes for individual Mori and influence the Mori communitys negative perceptions of the health system as a whole.16, 17, 18 These negative experiences can also reinforce stereotypes in the practitioner community if a provider does not understand a Mori patients dissatisfaction and thus cannot prevent similar experiences with other patients.19
Differential approaches to treatment

Studies have consistently demonstrated that some doctors treat Mori differently from nonMori. Examples of this include the findings of the 200102 National Primary Medical Care Survey (NatMedCa) where it was observed that doctors spent 17 percent less time (2 minutes out of a 12 minute consultation) interviewing Mori than non-Mori patients. Once age is taken into account, Mori turn up for general practitioner appointments at the same rate as non-Mori, but obtain fewer diagnostic tests, less effective treatment plans and are referred for secondary or tertiary procedures at lower rates than non-Mori patients.20 Analysis of the National Minimum Database over the period 199099 by Tukuitonga suggests bias against Mori receiving cardiac revascularisation procedures even though the clinical need is much greater. Similar evidence of bias is available for outcomes following stroke,21 obstetric intervention,22 heart failure,23 and asthma.24 These studies point to unconscious bias by providers rather than frank racism in health service delivery. However the impact is that Mori patients are less likely to receive adequate care or adequate and understandable health information. This will in turn compromise the ability of Mori patients to adhere to treatment recommendations and the effectiveness of any treatments offered. There is evidence too of the impact of racism on Mori health status. Harris et al reviewed the NewZealand Health survey data and made adjustments for sociodemographic factors and deprivation, and identified that the remaining differences in self perceived health status between Mori and non-Mori could be accounted for in terms of self perceived experiences of racism. These effects appeared to be dose related: that is the greater the number of experiences of racial discrimination, the lesser was self perceived health status.
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Theimpact of culture on health

Culture plays an important role in health because culture influences behaviours through customs, traditions, beliefs and values. I nthe Mori world view, there is a fundamental belief that understanding and being connected to the past are important for both the present and the future. This is demonstrated by the importance placed on tpuna (ancestors) and whakapapa (genealogical connections over many generations). Inaddition, the importance of a healthy environment, which impacts both community and individuals, is incorporated into the world view of many Mori.
Culture of the doctor

Like other cultures Mori value highly effective communications with health professionals.25 However cultural misunderstandings, unconscious bias and unfounded beliefs about Mori by practitioners contribute to problems in communication between non-Mori doctors and Mori patients. llthese problems have been demonstrated in studies of general practitioners26 and A psychiatrists in NewZealand.27 It is expected that improved integration of cultural and clinical competence should lead to better outcomes through improvements in communication, acceptability of treatment, adherence to treatment plans,28, 29, 30 and through measurements of doctor performance in delivery of services to Mori.
Mori concepts and Mori health values

Mori beliefs, customs and values are often expressed as tikanga. Tikanga Mori describe a guide for living, support Mori social systems and reflect Mori knowledge and traditions. Doctors may have opportunity to recognise or come into contact with many Mori values, including tapu and noa (a pervasive stative dichotomy of restricted and ordinary or normal), mana (reflecting authority, status and control), wairua (reflecting spiritual elements and power), whnaungatanga (relationships interpersonal and familial) and manaakitanga (the duty and obligations of care).
Tapu and noa

Although tapu is often described as a state of sacredness, it also has the more general meaning of being special or restricted. Noais the absence of tapu and denotes the state of being normal, ordinary or safe. Allthings to do with death or the body are tapu, while anything related to cooked food is noa.
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Many Mori feel that keeping tapu items separate from noa items is very important and find it distressing when this division is not observed. F orexample, in the case of a patients death the whnau will likely wish to spend time in the room with their loved one. T hepresence of the dead body (tppaku) makes the room tapu, and therefore food cannot be brought in. There will of course be wide variation in how strictly such controls are practiced and how observance of the traditional practice might be amended for practical reasons.
Whnaungatanga
Mori culture emphasises familial and community connections to the past and to the present. Theextended family or whnau is the basic unit of Mori social organisation. Familial relationships and responsibilities are central to Mori identity and are often expressed in the Mori term whnaungatanga. Mori patients will often bring family members to medical visits and may consult with them before considering or accepting treatment. Mori usually prefer face to face interactions with their doctors, and until relationships are established may prefer formality.
Tangihanga
The rituals and customary practices that surround death are regarded as very important in Mori communities. T hefamilial and community obligations to the deceased and the bereaved family are extensive. Thetangihanga is a coordinated set of formal procedures that recognise the relationships of the deceased with the ancestors and with the living relatives. Many Mori recognise very strong imperatives to attend tangihanga of anyone in their extended family and friends, and will often travel great distances to fulfil their obligations in this regard. Aperson may be grieved over for three or more days, at their home or at a marae and often returned to their traditional tribal home for burial. Death itself however may not be feared so much as the manner and circumstances of dying, with many Mori preferring to die at home with the attention and support of their family.
Manaakitanga
The obligations and responsibilities to demonstrate care for your family and for visitors is expressed in the Mori term of manaakitanga. This customary value will involve the process of welcoming and caring for visitors to ones home or marae, as well as the provision of food and accommodation. Food (kai) has a central importance in these practices. Aguest (manuwhiri) has a complementary obligation to accept and receive this hospitality. There are many useful texts that can provide deeper insight into Mori customary practices,31 and Mori patients are generally happy to educate a provider who seeks guidance about their preferences.
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Rongo and traditional healers

Mori patients may seek assistance from traditional healers like people from other cultural backgrounds. ForMori this may include consulting people with special skills (thunga) inherbal preparations (rongo rakau), massage therapies (mirimiri), prayers and incantations(karakia).32 There are few absolute contraindications to the use of traditional healing techniques alongside western therapies. However knowing about all the nonprescribed therapy a patient is using will assist the doctor and patient to monitor and adjust medications or to make appropriate choices. Thekey then is to maintain open and nonjudgmental communication with the patient, allowing or encouraging them to share information with you.
Mori language
There are several general introductory Mori language courses and a small number of dedicated Mori language phrasebooks for the health sector.33 Welcome everybody. Kia ora ttou. Iwould like to acknowledge the family. Ka mihi atu ki te whnau. Greetings all. Tn koutou. Lets introduce ourselves and get to know each other. Tn, me whakamhio atu ko wai r ttou. Howcan I help you? Kaphea taku whina i a koe? Howcan I help your family? Kaphea taku whina i t whnau? Howmuch alcohol do you drink? Hephea te nui o te waipiro ka inumia e koe? Doyou drink every day? Kainu waipiro koe i ia r? Howmany days a week do you drink alcohol? Ehia ng r o te wiki e inu waipiro ana koe? Howmany days a week do you drink no alcohol? Ehia ng r o te wiki kore koe e inu waipiro ana? Doyou have pain anywhere? Hewhi an kei t tinana e mamae ana?
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Howlong have you had that pain? Kuaphea te roa e mamae ana? Where did the pain start? Itmata mai tn mamae ki hea? What were you doing when the pain started? Ite aha koe i te w i tmata ai te mamae? What makes it worse? Kanui atu te mamae i te aha? What makes it better? Kawhakaeaeatia te mamae ki te aha? Have you been vomiting. Ite ruaki koe? Doyou have diarrhoea? Ite toroh koe? What is the diagnosis? Heaha te whakataunga? Does Hmi have epilepsy or diabetes? Kuap mai te mate huka, te mate ruriruri rnei ki a Hmi? What medications do you take? Kuap mai te mate manawa, te toto prutu rnei ki a koe? Doyou have heart disease or high blood pressure? Heaha u rongo? Myname is Richard. I am a doctor. KoRichard ahau, he rata ahau. Myjob is to listen to your concerns and support you. Kotku, he whakarongo ki wangawanga, he tautoko hoki i a koe. What are the main issues for you? Heaha ng tino take ki u whakaaro? Howwould you like me to help? Me phea taku whina atu? Where are you from? Nwhea mai koe/koutou? What is your tribe, your subtribe? Kowai t iwi, t hap? Tell me about your marae, your community. Tn, krero mai m t marae, t papakinga.
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Where did you grow up? Itipu mai ai koe i whea? Where did you go to school? Ikuraina ai koe i whea? Howold are you? Heaha t pakeke? E hia tau? Howmany children do you have? Tokohia u tamariki? Tell me about your family. Krero mai m t whnau. How many brothers and sisters do you have? Tokohia teina/tuakana, tuahine/tngane? Tell me about your health. Krero mai m t hauora. Tell me about any illnesses you have. Krero mai m muiui, mate. Tell me about any illnesses in your family. Krero mai m ng muiui, ng mate rnei o t whnau. What medicines do you take? Howoften? When? Heaha ng rongo e kainga ana e koe? E hia ng w? hea ka kainga? Doyou use traditional medicines or herbal remedies? Kakai koe i ng rongo mai i te rkau, ng rongo Mori? Doyou have access to a traditional practitioner? Katoro atu koe i ttahi thunga?
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NgWhakahua pronunciation guide

Vowel Sounds
a as in car, far e as in Ed, bed i as in eel o as in awe, or, saw u as in chew, moo
Consonants
wh pronounced much like f (wh pronounced far) ng pronounced like the ng in singer (nga sing a)
Macrons
The vowels may take a short or long form. This is indicated by the macron over the vowel; , , , , . This is the method preferred by the Taura Whiri i to Reo Mori: Mori Language Commission), although others occasionally use a double vowel to indicate the long form; aa, ee, ii, oo, uu. Thelong vowel is pronounced in the same way as the short vowel but the length is extended and has a significant effect on the sound and meaning of a word. Knowing the length of each vowel is important in establishing correct pronunciation. Othuhu O t huhu Waitemat Wai te ma t
Ng Mihi greetings
Tn koeHello (literally there you are) formal greeting to one person Tn koruaHello (literally there you are) formal greeting to two people Tn koutouHello (literally there you are) formal greeting to three or more people Kia oraHi (literally be well, good health). Less formal greeting, and widely used affirmation, salutation Kia ora koutouGreetings to you all Kia ora ttou katoaGreetings to us all (inclusive of the speaker) Enoho rGoodbye (literally stay there) said as one is leaving. Haere rGoodbye (literally go forth)
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Glossary
hauorahealth hinengaropsychic dimension hongipress noses, share breath karakiaprayer, incantation, invocation kohagift, donation manapower, authority, prestige manuhirivisitor, guest mihigreet, greetings mihimihiintroductions noanormal, profane orangawellbeing, health pwhiriformal welcome reolanguage tngata whenuapeople of the land tapurestricted, reserved, sacred tinanaphysical body waiatasong, to sing wairuaspirit, spiritual dimension whnaufamily whnaungarelations whnaungatangarelationships wharehouse
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References
1. Pool I 1991. Teiwi Mori: a NewZealand population past, present, and projected. Auckland: Auckland University Press. 2. N ewZealand Health Strategy, NewZealand Disability Strategy and Mori Health Strategy, and the Royal Commission on Social Policy. 3. Tapsell R 2005. Mori health in 2004; in StGeorge, IM (ed.). Coles Medical Practice in NewZealand. Medical Council of NewZealand. 4. Ajwani S, Blakely T, Robson B, Tobias M, Bonne M 2003. Decades of disparity: ethnic mortality trends in NewZealand 19801999. Wellington, Ministry of Health and University of Otago. 5. Blakely T, Fawcett J, Atkinson, JTobias M, Cheung J 2005. Decades of disparity ii: socioeconomic mortality trends in NewZealand 19811999, Public Health Intelligence Occasional Bulletin #25. Wellington, Ministry of Health. 6. ACC ( TeKaporeihana Awhina Hunga Whara) 2004. Summary guidelines on Mori cultural competencies for providers. Wellington. 7. Ajwani S, Blakely T, Robson B, Tobias M, Bonne M 2003. Decades of Disparity: Ethnic mortality trends in NewZealand 19801999. Wellington, Ministry of Health and University of Otago. 8. Ministry of Health 1999. Ourhealth, our future Hauora pakari, koiora roa. T hehealth of NewZealanders. Wellington. 9. Ring I, Brown N 2003. Thehealth status of indigenous peoples and others. BMJ; 327: 4045. 10. McPherson K, Harwood M, McNaughton HK 2003. Ethnicity, equity, and quality: lessons from NewZealand. BMJ; 327: 4434. 11. Skegg DCG, McCredie MRE 2002. Comparison of cancer mortality and incidence in NewZealand and Australia. NZMJ May 10; 115(1153): 2058. 12. Ministry of Health 1999. Ourhealth, our future Hauora pakari, koiora roa. T hehealth of NewZealanders. Wellington. 13. Crengle S, Lay- YeeR, Davis P, Pearson JA 2006. Comparison of Mori and non-Mori patient visits to doctors. NatMedCa Report 6. 14. Marwick JC, Scott KM, Crampton PR 2000. Utilisation of general practitioner services in NewZealand and its relationship with income, ethnicity, and government subsidy. Presented at RNZCGP Annual Conference. 15. Smedley BD, Stith AY, Nelson AR 2003. Unequal treatment: confronting racial and ethnic disparities in health care. Washington DC: Institute of Medicine. 16. Tipene-Leach David 1981. Moris: our feelings about the medical profession; in Primary health care and the community. Note this article is also available at: http://www.bopdhb.govt.nz/insideout/Forms/Culture_PreRead.pdf. 17. Durie M 1977. Mori attitudes to sickness, doctors, and hospitals. NZMJ; 86: 483.
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18. Laveist TA, Nuru-Jeter A 2002. I sdoctor patient race concordance associated with greater satisfaction with care? JHealth Soc Behav; 43: 296306. 19. Jansen P, Sorenson D 2002. Culturally competent health care. NZFP Oct; 29(5): 30618. 20. Gribben B 1999. Ethnicity and resource use in general practice in West Auckland. Experience in practice. Online article available at: http://hcro.enigma.co.nz/eip/index.cfm?fuseaction=articledisplay&FeatureID=3 . 21. McNaughton HK, Weatherall M, McPherson KM, Taylor WJ, Harwood, M2002. Thecomparability of resource utilisation for Europeans and noneuropeans following stroke in NewZealand. NZMJ Mar 8; 115(1149): 101-3. 22. Sadler L, McCowan L, Stone P 2002. Associations between ethnicity and obstetric intervention in NewZealand. NZMJ Feb 8; 115(1147): 369. 23. Carr J, Robson BH, Reid P, Purdie GL, Workman P 2002. Heart failure: ethnic disparities in morbidity and mortality in NewZealand. NZMJ Jan 25; 115(1146): 157. 24. Ellison-Loschmann L, King R, Pearce N 2002. Time trends and seasonal patterns of asthma deaths and hospitalisations among Mori and non-Mori. NZMJ Jan 25; 115(1146): 69. 25. Mauri Ora Associates Ltd. H eRitenga Whakaaroa Mori health experiences of healthservices. 26. McCreanor, T Nairn, R2002. Tauwai general practitioners talk about Mori health: interpretative repertories. NewZealand Medical Journal, 115: 1167. 27. Johnstone, K. & Read, J2000. Psychiatrists recommendations for improving bicultural training and Mori mental health services: a NewZealand survey Australian and NewZealand Journal of Psychiatry; 34: 135145. 28. Crengle S 2000. Thedevelopment of Mori primary care services. P acHealth Dialog; 7: 4853. 29. BPAC better medicine NZ. Demystifying Rongoa Mori: Traditional Mori healing. 13: 3236. 30. Baxter J 2002. Barriers to health care for Mori with known diabetes. NewZealand National Working Group on Diabetes and Te Roopu Rangahau Hauora a Ngai Tahu. City publishing org. 31. Krupat E, Bell RA, Kravitz RL, Thom DH, Azari R. When physicians and patients think alike: patient centered beliefs and their impact on satisfaction and trust. 32. Mead, HM 2003. Tikanga Mori: living by Mori values. Huia Publishers, Wellington. 33. Demystifying Rongo Mori: Traditional Mori Healing. BPAC Better Medicine NZ; 13:3236.
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CHAPTER 6 Pacific people in NewZealand

Colin Tukuitonga is a public health physician and former Director of Public Healthfor NewZealand. He wasmost recently Chief Executive of the Ministry of Pacific Island Affairs and currently the Director of Public Health for the Secretariat of the Pacific Community based in New Caledonia. Cite this as Tukuitonga C 2013. Pacific people in NewZealand. Chapter 6 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Introduction Background Health Status and Influences Morbidity and Mortality Access to and quality of health care Community controlled PHC Getting assistance
66 66 67 68 69 70 70
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Introduction
This chapter describes the health status of Pacific people in NewZealand, health service availability and usage and factors that may affect the interactions between health professionals and patients. Guidance is provided on additional sources of information, advice and support for health practitioners, their patients and their families.
Background
There are more than 300,000 Pacific people in NewZealand (NZ). T hepopulation grew rapidly during the 1950s through to the 1970s as a result of work related migration. ThePacific population is currently among the fastest growing groups in NZ, but most of the recent growth is due mainly to births in NZ. Twothirds of the population are now born in NZ and approximately one quarter of all births in Auckland claims a Pacific heritage. ThePacific population is projected to make up approximately 10 percent of the NZ population in 2026. Pacific people will form an increasing share of the consumer and voter base, school age population as well as an increasing share of an ageing and shrinking NZ workforce. Pacific people form a significant share of the patient/client base in selected urban neighbourhoods in NZ.1 In NZ, the term Pacific or Pasifika usually refers to people who have a Pacific heritage. Samoan people make up half of the total Pacific population, Cook Island Maori one quarter, Tongans about one fifth, Niueans one tenth and smaller numbers from other island groups. Successive census has shown that an increasing proportion of Pacific people who claim origins from more than one ethnic group with unique sociocultural characteristics combining elements from their heritage cultures with significant Maori and palagi/pakeha (European) influences. Approximately, one in five individuals claim both Pacific and Maori heritage. There is very little reliable literature on the health needs of the young, NZ born, urban Pacific people. This is an important and urgent area for research in order to improve policy development and service delivery. Much of the literature about health and illness among Pacific populations refer to older adults who were born in the islands. hePacific population is very young with 38 percent under 15 years of age compared with T 22 percent of the total population. Themean age of the Pacific population at the 2006 Census was 21 years compared with 36 years in the total NZ population. Less than 5 percent of the Pacific population are over 65 years of age but the cultural importance of the elderly in most Pacific societies often means that the needs of the elderly take precedent over the needs of younger people. Respect for the elderly is an important aspect of all Pacific societies in NZ, and this fact has a major influence on how Pacific families live.
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wothirds of the Pacific population live in Auckland, mostly in South and Central Auckland. T Significant pockets of Pacific people live in Wellington, Porirua, Hutt Valley, Waikato and Canterbury. Studies have shown that nine out of ten Pacific persons live in low decile areas with significant social and economic disadvantage. Socioeconomic disadvantage is closely correlated with poor health and access to health services. I tis also important to note that increasing numbers of Pacific people are not connected to their extended family and many need support from outside the family. Further, while most Pacific adults are regular church attendees, an increasing proportion of young people are less religious in their outlook compared with their parents. Formost Pacific people, the church remains a significant influence on their lives, attitudes to health, illness, death and dying.
Health Status and Influences

Pacific people have some of the worst health and social indicators in NZ and there is considerable unmet health needs in these communities. Several reports show little improvement in the socioeconomic circumstances of Pacific people and little change in their overall health status.2, 3, 4, 5 Prevailing disease patterns largely reflect the socioeconomic conditions under which they live and poverty is a major contributor of ill health among Pacific families. I tappears that the most important factors that adversely affect their health are low educational achievement and health literacy, high unemployment rates, crowded, cold and damp houses and inequities in access to and quality of health care provided. While socioeconomic factors are the main underlying factors that contribute to poor health in Pacific people, not all of the ethnic disparities in health are attributable to socioeconomic factors.4 However, Pacific cultures and practices rarely ever contribute to poor health, although attitudes to health and illness can influence health outcome mainly as result of the delay in seeking health care. Traditional tattooing using traditional methods has on occasion caused serious infections and even death. Older Pacific people who were born in the islands have a socioecological approach to health with strong spiritual dimensions to their beliefs about illness, healing, death and dying. Death, disease and disability are often attributed to the will of God and/or superior being. Mental disorders in particular are often regarded as possession by evil spirits or deceased relatives as retribution for wrong doing by the affected individual or members of his/her family. Asa result, health care practitioners often have difficulty understanding the apparent fatalism that can be seen in some Pacific patients. These beliefs can lead to much shopping around with different health care practitioners, including traditional healers. There is anecdotal evidence that older members of Pacific families commonly use traditional healers and complimentary therapies in addition to or in place of conventional remedies. Attitudes to health and illness among younger members of the Pacific communities are less clear. Itis likely that young people are less likely to hold traditional attitudes and views about health and illness.
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Morbidity and Mortality

Pacific people experience significant premature mortality and preventable morbidity mainly due to chronic noncommunicable diseases (NCDs), such as diabetes and heart disease. I nthe adult population, cardiovascular diseases are the leading cause of death and disability. Coronary artery disease mortality rates have declined in line with the decline in CVD mortality in the total NZ population but the decline has been less rapid among Pacific people. However, stroke incidence and mortality has not declined in line with other NewZealanders and stroke tends to affect younger adults in their most productive years in Pacific people. Ethnic differences in CVD mortality and morbidity are attributable to differences in risk factor prevalence and access to health care services.2, 3 The prevalence of smoking has declined in the Pacific population but still remains higher than the smoking rate in other NewZealanders. Youth smoking rates, especially among Pacific girls, remain much higher than their peers. Anadditional challenge is the low uptake of smoking cessation services that have been proven highly effective in other groups in NZ. Preventing uptake of smoking and increasing uptake of smoking cessation programmes are important priorities for health care practitioners, especially in primary health care settings in NZ. Smoking remains one of the most important and preventable causes of morbidity and premature mortality among Pacific people in NZ. Type 2 Diabetes is more prevalent among Pacific people in NZ due in part to the higher prevalence of overweight and obesity among them. Theprevalence of diabetes is 23 times higher in Pacific people compared with the total NZ population. Several surveys have shown that approximately 90 percent of the adult Pacific population were overweight or obese compared with 60 percent of the total NZ population. Furthermore, the prevalence of obesity in young Pacific boys and girls was 55 percent compared with 29 percent other young NewZealanders respectively. High prevalence of obesity in Pacific people is attributable to the obesogenic environment that exists in urban areas in NewZealand. Consumption of highly processed food items and reduced physical activity levels are the most direct influences on obesity but there is a complex web of interrelated factors that lead to the unhealthy diets and low physical activity levels. Studies have shown that Pacific people are more likely to consume diets high in fats, sugar and salt, more likely to have takeaway meals and less likely to cook at home. Young Pacific boys consume sugar sweetened soft drinks (SSSD) more often than their peers. Excessive consumption of SSSDs is closely associated with increased prevalence of obesity. Preventing and managing obesity in Pacific people is the most urgent priority for the NZ health system. Demand for services such as renal dialysis as a result of renal failure due to diabetes is already reaching a point where health services are struggling to meet demands.
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Pacific children experience significant preventable morbidity. Themost prevalent conditions largely reflect the socioeconomic circumstances of their families, including overcrowded, damp and cold housing, unhealthy diets and difficulties accessing health care services. TheChildrens Commission estimated that 22 percent of NZ children were living below the poverty line, and Pacific children were more likely to be below the poverty line.6, 7 Several studies have shown that respiratory disorders and skin infections are very common and hospital admissions are higher than other NZ children.2 Acute Rheumatic Fever and Rheumatic Heart Disease (ARF/RHD) are three times more common among Pacific children and young people compared with other NZ children and young people. ARF/RHS is widely regarded as a disease of poverty and a good indicator of the socioeconomic conditions under which children live. Increased government funding recently allocated to the prevention and management of ARF/RHD in priority groups is a promising development although action on the wider determinants of health is equally important. Unless effective action is taken to address poverty, interventions directed as specific diseases are unlikely to be sustainable. he2006 NZ Mental Health Survey ( T TeRau Hinengaro) showed that the prevalence of mental disorders among Pacific people in NZ is similar to Maori and other NewZealand populations except psychotic disorders where the prevalence of schizophrenia is higher among young Pacific men.8 The study slowed similar prevalence of suicide across all population groups in NZ but much higher prevalence of suicide ideation among Pacific people. Survey findings showed that only one quarter of Pacific people with severe mental disorders were receiving recommended care.
Access to and quality of health care

Pacific people are known to have low uptake of preventive and primary health care services for example, low uptake of cervical and breast cancer screening and low immunisation coverage rates. These observations are supported by high rates of Ambulatory Sensitive Admission (ASH) among Pacific people.2 ASH admission rates are generally accepted as a reasonable indicator of the quality and effectiveness of primary health care services. Arecent review of the primary health care for Pacific people in NZ showed a potential disconnect between PHC providers and Pacific patients. General practitioners were less likely to record high levels of rapport with Pacific patients, and Pacific patients had low uptake of subsidised care, high use of Accident and Medical (A&M) clinics, and lower levels of satisfaction with their experiences of PHC.4 The report also concluded that the top three barriers to primary health care for Pacific people were cost, transport and language. Reforms of the health sector and changes to the funding and delivery of PHC in NZ as part of the NZ Primary Health Care Strategy and the Pacific Health Strategy has resulted in some improvements for Pacific people. Information from Primary Health organisations (PHOs) has shown high enrolment rates for Pacific people. Furthermore, the NZ Health Surveys have shown that the per capita general practitioner consultation rates for Pacific people is comparable to other NewZealanders, although the level of consultation may not be appropriate for the level of health needs in these communities.9 Immunisation coverage rates among Pacific children are now among the best in the country.
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Despite these improvements, it is clear that Pacific people continue to receive variable quality of health care. Studies of almost all health conditions have shown that Pacific people continue to receive lower levels of care, especially at the primary health care level. Health practitioners who work in health settings in communities need to ensure that best practice is normal practice at all times. Additional support, education and information for patients and their families will assist in improving the consistency and impact of primary health care for Pacific people. Improvements in the quality of primary health care will reduce attendance rates at emergency departments and avoidable hospital admissions among Pacific people. Itis also worth noting that free health care in hospitals will continue to be a factor influencing Pacific peoples decisions about where to seek health care services.
Community controlled PHC

The emergence of Pacific owned community health services in NZ has contributed to the overall improvements in access to and quality of health care provided to Pacific patients and their families. However, it is estimated that 90 percent of Pacific patients continue to receive health care from mainstream providers and this situation is likely to continue. Many Pacific patients and their families also receive care from Maori service providers, especially in Auckland in view of the similarities in service delivery ethos of Maori providers to Pacific providers. Most Pacific community owned services are located in areas with high Pacific population in urban centres. Informal feedback confirm that Pacific patients report positive interactions with Pacific owned providers although there has been no independent evaluation of these services. I ngeneral, Pacific owned clinics have distinct advantages over conventional care models, such as lower fees, clinical staff who speak a Pacific language and good community support for patients and their families.
Getting assistance
The Ministry of Health (MOH) has a well developed strategy for improving the health of Pacific people and funds service delivery by selected District Health Boards (DHBs) which serve large numbers of Pacific people. Thekey MOH strategy is the Ala Moui Pathways to Pacific Health and Wellbeing 20102014, which outlines government priorities, programmes and major contributors to health.10 Much of the actual service delivery and support for health care providers is funded and coordinated by selected DHBs, mainly in urban centres. Pacific teams in DHBs are well placed to provide an overview of service delivery in their districts and advise on how best to support health care professionals. I naddition, there are several Pacific owned health care providers in most urban centres throughout NZ. These providers have well developed networks that can assist with advice and support. L eVa is a national coordination service and workforce development programme for Pacific mental health, addictions, disabilities and general health (www.leva.co.nz).
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hePasifika Medical Association (www.pacifichealth.org) is the leading Pacific organisation T dedicated to improving the health status of Pacific people, both in NZ and the Pacific region. Membership includes doctors, nurses, other health workers and community leaders. PMA provides professional support to its members, delivers health workforce development in schools and advocates for better policies and services for Pacific people. Most of the senior and experienced clinicians of Pacific descent in NZ are members of PMA. Most Pacific nations also have associations and community groups with an interest in health such as the Tongan, Samoan Nurses Association, the Cook Islands Health Network. heMedical Council has produced an excellent resource for clinicians working with Pacific T patients with an emphasis on supporting the best outcomes for patients. Theresource includes information on key concepts in Pacific societies that impact on health and health care provision and specific advice on how best to manage Pacific patients.11 Pacific Heartbeat at the National Heart Foundation has been providing information and training for health and community workers for several years. Their focus is on improving nutrition and physical activity as well smoking prevention and cessation information service. T heNZ Stroke Foundation has recently established a service dedicated to preventing stroke in Pacific communities.
Resources
1. MPIA/Stats NZ Pacific Population Report 2010 2. MOH Tupu Ola Moui Pacific Health Chartbook 2012 3. MPIA/Stats NZ Pacific Report Health 2010 4. Pacific Perspectives Primary Care for Pacific People 2011 5. MSD Social Report 2010 6. AFair Go for All Children Childrens Commission 2008 7. Childrens Commission 2012. 8. TheNZ Mental Health Survey 2006 ( TeRau Hinengaro) 9. MOH The NZ Health Survey 10. MOH Ala Moui Pathways to Pacific Health and Wellbeing 20102014 11. Best Health Outcomes for Pacific Peoples: practice implications. Medical Council of NewZealand, 2010.
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CHAPTER 7 Asian people in NewZealand

Samson Tse is the former Director for the Asian Health Research and Evaluation Centre at the University of Auckland and now is based at the University of Hong Kong. Kenneth Tong is a former general practitioner in Auckland and Clinical Senior Lecturer at the Department of General Practice and Primary Health Care, University of Auckland. eeHing Wong is a general practitioner at East Coast Bays Doctors. H G eis also the Past President for the Australasian Council of Chinese Medical Associations, and the Auckland Chinese Medical Association. Catherine Hong is an intercultural promoter. Sheworked in general practice in Auckland for 10 years serving the local immigrant Korean community. Additionally she held the position of National Asian Development Manager in ACC from 2007 to 2009. Shewas also the Manager of Cultural Services from 2009 to 2011. Nagalingam Rasalingam is a retired general practitioner; D rRasalingam is a long time advocate and champion for Asian health in Auckland and across the nation. Cite this as Tse S, Tong K, Wong GH, Hong C, Rasalingham N 2013. Asian people in NewZealand. Chapter 7 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Specific health needs of Asian patients Ways to engage Asian migrant patients Working with interpreters Conclusions
73 76 79 80
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The Asian population is expected to grow to almost 16 percent of the national population by 2016.1 The increasingly diverse immigration to NewZealand caught momentum following the changes to legislation in 1987 and 1991 which removed a bias in favour of British and West Europeans who were considered preferred sources of migrant population. Themigrant population of Aotearoa NewZealand has increased significantly over recent years. Between 1997 and 2001 the Asian population increased by 140 percent (Statistics NewZealand, 2000), at that time accounting for 6 percent of the countrys population. According to the 2006 statistics, Asians make up the fourth largest major ethnic group after European, Mori and other ethnicity totalling 354,552 people (9.2 percent) in 2006.2 For discussion on the use of the term Asian please refer to the work by Rasanathan, Craig, and Perkins.3 The increase in the Asian population has resulted mainly from large migration gains. Chinese (46 percent) and Indian (29 percent) are the major contributors in the increasing trend of Asian population along with populations from other Asian communities (for example, Korean, Filipino, Japanese, SriLankan, Cambodian and Thai). Many of them born overseas (3040 percent) and some (15 percent) do not speak English. This growth will impact on the host population, particularly the health delivery system, because of its rapidity, and because of possible language and cultural barriers between clients and health services and health workers.
Specific health needs of Asian patients

Asians in NewZealand are very diverse in religion, culture, language, education and socioeconomic experiences. I tis therefore difficult to generalise the needs of the Asian population as a whole. Nonetheless, during the past years, four large scale reports about the health of Asian NewZealanders were published: Asian Health in Aotearoa: AnAnalysis of the 20022003 NewZealand Health Survey ( TheAsian Network Inc.) A Health Profile of Young Asian NewZealanders who attend Secondary School: Findings from Youth 2000 ( TheYouth 2000 project at the University of Auckland) Asian Health Chart Book 2006 (Ministry of Health) T hehealth needs assessment of Asian people living in the Auckland region August, 2012 (Written by S. Mehta, commissioned by the Northern DHB Support Agency). hereports also indicate that whilst Asian peoples in NewZealand are relatively healthy T overall, much of this result is due to the so called the healthy immigrant effect. That is, most migrants, need to be in good health to be allowed to immigrate to a new host country and many have high socioeconomic status in their countries of origin. These migrant groups also have high levels of education which are associated with better health status. However this positive effect on health gradually disappears with increased length of residency in the new host countries.
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Rasanathan, Ameratunga and Tse provided a useful summary of the key health issues concerning the Asian NewZealand population.4 The pattern of low levels of health care service utilisation for example, primary health care and cancer screening, is seen across most areas for Asian people in NewZealand, particularly for Chinese NewZealanders. I nthe Youth2000 study, 15 percent of young Chinese NewZealanders reported accessing no health care at all which was over three times the rate reported by their European counterparts. Primary Health Organisations (PHOs) are playing a pivotal role in NewZealand health care system; every Asian must be advised to register themselves and their families with these organisations. Another key issue is cardiovascular disease and diabetes for South Asian people. Indian people show the highest rates of self reported diabetes of any ethnic group in NewZealand and they also show high levels of cardiovascular disease, similar to Mori. Levels of physical activity and mental health problems particularly in young people remain aconcern. Other cultural and social factors are also relevant to the health and wellbeing of Asian NewZealanders such as experiences of racism and difficulties in finding employment. Recent studies showed that the experience of racism by Asian NewZealanders is rather common.5 Mori reported the highest prevalence of ever experiencing any of the forms of racial discrimination (34 percent), followed by similar levels among Asian (28 percent). Racial discrimination included experience of ethnically motivated attack (physical or verbal), or unfair treatment because of ethnicity for example, by a health professional, in workplace or when seeking paid employment. Asian people in NewZealand are more likely than nonasian NewZealanders to have tertiary qualifications, but have higher levels of unemployment. Unemployment or under employment are often associated with negative health effects, particularly in terms of mental health. According to a local survey conducted by the Asian Public Health Project Team,6 Asian patients themselves have identified the following areas as their main health concerns. Mental health: depression and psychosomatic illness are frequently seen and have a complex interplay among social isolation (from migration), language barrier, underemployment or unemployment. Stigmatisation and taboo of psychiatric illness compound the problem further resulting in a reluctance by Asian patients and their families to seek early intervention or treatment. Other mental health issues identified in NewZealand include problem gambling and alcohol abuse. Furthermore, the NewZealand Mental Health Commissions Report on Asian mental health mentioned several specific concerns7: T hehigh mental health needs of women and refugees from smaller ethnic communities for example Vietnamese, Indonesian Mental health needs of older people Refugees because of premigration traumas and postmigration stressors in adapting to a new culture.
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Refugee health: refugees enter NewZealand under three categories: Quota refugees recommended by UNHCR (United Nations High Commission for Refugees)700 yearly called mandated refugees Asylum seekers termed as Convention refugeesthose who conform to and satisfy the United Nations convention on refugees Family reunification. llin the above are health screened for immigration purposes. Primary health care plays A a significant role as individuals with refugee background have had very limited health care in their respective countries before fleeing to NewZealand. Conditions prevalent in their respective geographical zones include sickle cell anemia, malaria, Hepatitis B carrier state and gastrointestinal infections.8 With regard to services for refugee mental health, a mobile health team employed by Refugees As Survivors (RAS) is already functioning in Auckland and is of great help to individuals and families from refugee backgrounds. Cardiovascular diseases and diabetes: lifestyle changes from Westernisation of diet and the relative lack of physical activities. Sexual health: Asian women seem reluctant to use safe and reliable contraceptive methods; for example, some Chinese women believe that the pill will impair their fertility. Abortion is often seen as a de facto form of contraception as it is a common practice in many Asian countries. Such beliefs may have contributed to the steady rise of the abortion rate among Chinese women in the past decade. Another concern is the rapid rise of sexually transmitted illnesses such as chlamydia, gonorrhoea and syphilis among Asian patients. Contributing factors include ease of international travel and unsafe sexual practices. Communicable diseases: tuberculosis and chronic hepatitis B infection are particularly common among Asian patients.
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Ways to engage Asian migrant patients

In order to provide practical suggestions to engage Asian migrant patients the following material will be useful for those working with Korean and Chinese patients as examples.9
Appreciate health beliefs

Chinese patients in general are rather health conscious even though they appear to be less knowledgeable in human anatomy or the scientific basis behind Western medicine. Thefundamental belief of good health among Chinese people is the ability to maintain a peaceful state of mind and to be in harmony with the surroundings. Itstems from the philosophy that everything in this universe is interrelated and is forever changing with the life force/energy (known as Qi) flowing through all matter continuously. Qi is the fundamental substance and its movements produce everything that constitutes the universe. Theconcept of Yinand Yang describes the dynamic and oscillating relationship of the flow of Qi between these two extreme states. Yin represents cold, dark, inactive, negative and female like, whereas Yang represents hot, bright, active and male like. Everything in the universe has an element of both Yinand Yang. Onan individual level, good health is about having a balanced flow of Qi between the Yinand Yang organs.10 An example of misunderstanding resulting from differences in health beliefs is the Chinese patient who said, Ive too much heat in my body. From a Western medicine perspective, most doctors would tend to think that the patient is implying that he/she has a fever. However it is often not the case, as the patient is trying to say he/she has too much Yang in his/her body. Itis therefore important to clarify with the patient about his/her concerns by asking something like, What do you mean by having too much heat in your body?
Understand health practices

Chinese patients often use folk medicine or tonics in the early stages of illness. Inaddition, self medication with Chinese medicine and consultation with a Traditional Chinese Medicine (TCM) doctor, and concomitant use of both Chinese and Western medicine is not unusual. Itis also very common for both Chinese and Koreans to be taking vitamins, propolis, calcium supplements, and royal jelly as a regular daily supplement. Always ask specifically what health supplements they are taking, otherwise you will get a no answer to questions about medication. Itis therefore important to seek a full drug taking history especially inquiring about the use of TCM or alternative health supplements. Chinese and Korean patients will often request injections as they perceive it as a more direct and potent route of delivery with a more rapid onset of action than the oral route. perceived imbalance of the A Yinand Yang forces can be influenced by many factors including dietary intake. Itis therefore common for a Chinese patient to ask the health practitioner about food avoidance in times of illness. F orthose health practitioners who are not familiar with the Yinand Yang concept, it would be best to advise the Chinese patient to seek dietary advice from a TCM doctor or suggest the patient eat whatever he/she feels comfortable with or accustomed to.
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Realise Asian peoples use of medication

Noncompliance or miscompliance is an issue with any group of patients. I tis more of an issue with Koreans as they have been used to easy access to most medications from their local chemist until a few years ago. Drugs like antihypertensive and antibiotics were freely available leading to resistance and misuse problems. Doctors in NewZealand need to emphasise the correct use of medication and check for compliance at each visit. tis helpful to use medication cards with name of medicine and times to be taken on it. I This improves understanding and compliance. Also, state clearly to the patient the duration of treatmentfor example two weeks or lifelong. Make sure they come back for repeat prescriptions if necessary.
Beaware of patients expectations

The family doctor is a rather foreign concept as it is not a common practice in many Asian countries for a patient to have a family doctor. Intheir own country, when they are unwell, they tend to present to the first available doctor or whoever is the most reputable in treating the condition. Walk in without appointment and self referral to specialists is the norm. Medical consultation in many Asian countries is relatively short in duration and often conducted in a rather doctor centred manner. Some Chinese patients are used to doctors who give quick and authoritative diagnosis whereas some are used to asking for tests and medicines that they want. I naddition, some expect to be told what to do and expect the doctor to do something concretefor instance, writing out a prescription. Speaking of prescription, it is also a foreign practice for Chinese patients to fill a prescription at the chemist. Asian patients are also used to having a one stop shop system of health care where everything is done on the spot such as consultation, blood tests, radiology tests and treatment prescription. Many Chinese and Koreans are familiar with the total body checks which are performed in many hospitals in South East Asia. They will often ask for one, which does not exist here in NewZealand. This may cause anxiety and frustration for the patient. They are used to being investigated extensively with a whole batch of routine blood tests, Xrays, ultrasounds and endoscopy of the gastrointestinal tracts. Doctors may need to explain that in NewZealand, we only request blood tests or investigations that we feel are necessary or pertinent to the problem involved. Despite of all the patients various expectations, it is important to remember that as a doctor in NewZealand, the practice of patient centred care is crucial in the provision of good medical services. I nshort, it is important to seek patients ideas, concerns and treatment expectations of their illness regardless of their ethnicity.
Have effective communication

Even simple things such as making an appointment with a general practitioner can be a huge obstacle for some Asian patients with little English. F orexample, when answering phone calls from Asian patients, one has to speak slowly, clearly and in short simple English. Offer appointment times that are easy to understand for example, Twooclock not Fifteen to four. Repeat and check for understanding. Asian patients with limited English will often make appointments through friends or family members, so make sure you have the right persons details.
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Know your patients names and dates of birth

Getting this right is tricky. When Asian people come to NewZealand, they often take on an English name, so they end up with more than one name. Forwomen, it is further complicated by adopting the Western culture of taking on the husbands surname. This results in a possibility of four names for the one person. Itis recommended that medical practices use the name on the patients passport to simplify matters. Date of births are also tricky because Koreans and some elderly Chinese people use two birthdays; one according to the solar calendar and the other according to the lunar calendar. There is no simple solution around such idiosyncrasy but it is important to find the right information.
Work with guardians/support persons

Some Asian patients are used to having a guardian or support person with them in consultations, similar to the whnau in Mori culture. Itis appropriate to allow at least one person to accompany the patient into the consultation room, especially if they need help with interpreting. Beware of the fact that the guardian or support person often speaks on behalf of the patient, and try to encourage the patient to speak for himself/herself if at all possible.
Deal with sensitive issues

It has been suggested that Confucian teaching which discourages open displays of emotions in order to maintain social and family harmony is contributing to the higher rate of psychosomatic illness among Chinese patients. Regardless of the reason, sensitivity and tact is important when dealing with the psychosocial aspect and sensitive issues like suspected abuses of all patients.
Work with individuals from a refugee background

This subgroup of Asian patients has been inadequately treated and needs complex follow up. Patients tend to use the emergency services as their last resort because they have limited understanding of the NewZealand health system or they cant afford visiting their family doctor. Thus patients are often admitted to hospital acutely with serious presentations. Past histories are difficult to ascertain and the lack of interpreters to help the health team can lead to wrong diagnoses, unnecessary investigations and referrals to tertiary care. Themental health of refugees needs special care in view of their history of torture. Torture methods adopted and the consequence of their sufferings have to be carefully understood for treatment to be successfully pursued. Referrals to expertise in rehabilitation of these torture trauma victims are essential. Building a good rapport with refugee patients is a useful strategy in addressing their health needs.
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Working with interpreters

For the patient this is highly anxiety provoking. They are faced with putting their trust in a doctor or health professional with a different language and culture to their own. Thus it is vital to employ an experienced interpreter who has been trained in medical terminology and concepts. Inreality, the use of trained interpreters is often not possible because of lack of access and the high cost. Hence, friends and family members are frequently used as de facto interpreters for the patient.11 Some doctors will be more experienced than others at adjusting their consultations to the presence of interpreters. Some may feel uncomfortable when faced with patients with no English skills, and indeed feel culturally incompetent of the patients health beliefs and practices. odoctor is expected to be fully competent in the many cultures that exist in NewZealand, N especially the many different Asian cultures. They key is to approach the Asian patient with genuine concern and interest. Nonverbal messages of reassurance like smiles and good eye contact along with a clear, kind tone of voice go a long way. Sentences should be short, in simple English, and not spoken too quickly. Allow more time than other consultations when using an interpreter, as it is more time consuming to consult through an interpreter. Some basic ground rules should be set and agreed on before the consultation begins.
Introductions/ briefing
It is important if the interpreter can be briefed as to the problem .This will enhance the quality of the interpretation. Inan ideal situation, the doctor might like to find out some dos and donts of the particular Asian culture before the consultation for example, red colour is good luck in China, and bad luck in Korea. Number four is symbolic of death in both cultures.
Agreement on type of interpreting

In the medical setting, it is recommended that the doctor speaks in one or two sentences followed by interpretation. Interpreting big chunks of speech (longer than two or three sentences) is less conducive to understanding and flow of conversation or consultation.
Seating arrangements
Where possible, the doctor, patient and the interpreter should be seated in a triangle formation with the doctor and the patient sitting in direct and full view of each other. Thisenhances communication. T heinterpreter should be seated in between the doctor and the patient, slightly out of view from both. Thedoctor should look and talk directly to the patient instead of talking through the interpreter. Interpreters services are being made available to Asian migrants from nonenglish speaking background at a PHO level. Further enquires can be made at the local practices.
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Conclusions
The cultural beliefs of peoples countries of origin still prevail in their initial settlement period, and have to be considered by health practitioners. Efforts must be made to get Asian patients integrated to the health systems in NewZealand and this will require ongoing education for both patients and doctors. Availability, accessibility and affordability are three important criteria in measuring how well Asian peoples health needs are met in NewZealand. Common diseases listed here need to be considered in the final diagnosis and treatment. Mental health is a challenging area because of the degree of stigma attached to such illness in many Asian cultures resulting in treatment delay and possibly worsening of prognosis. T hefollow up of patients should consider the life styles, financial situation, the roles family and community play and the barriers to successful resettlement. Health interpreters play a major role in addressing health needs, and careful use of these experts is critical in the management of these patients.
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References
1. Statistics NewZealand 2010. National ethnic population projections: 2006 (base)2026 update. Retrieved July 30, 2012, from http://www.stats.govt.nz/browse_for_stats/population/estimates_and_projections/ NationalEthnicPopulationProjections_HOTP2006-26/Commentary.aspx 2. Statistics NewZealand 2006. QuickStats About Culture and Identity 2006 Census. Retrieved November 23, 2007, from http://www.stats.govt.nz/people/default.htm. 3. Rasanathan K, Craig D, & Perkins R 2006. T henovel use of Asian as an ethnic category in the NewZealand health sector. Ethnicity and Health; 11: 21127 4. Rasanathan K, Ameratunga S, & TseS 2006. Asian health in NewZealand: progress and challenges. NewZealand Medical Journal, 119 (1244) (8 pages). Retrieved October 30, 2006, from http://www.nzma.org.nz/journal/119-1244/2277/content.pdf. 5. Harris R, Tobias M, Jeffreys M, Waldegrave K, Karlsen S, & Nazroo J 2006. Racismandhealth: Therelationship between experience of racial discrimination and health in NewZealand. Social Science and Medicine; 63(6): 14281441. 6. Asian Public Health Project Team 2003. Asian public health project report. Auckland. 7. H oE, AuS, Bedford C, & Cooper J 2002. Mental health issues for Asians in NewZealand: a literature review. Wellington: Mental Health Commission. 8. Ministry of Health 2001. Refugee health care a handbook for health professionals. Wellington. 9. T seS, Lloyd C, & McKenna K 2006. When clients are from diverse linguistic and cultural backgrounds. InK. McKenna & L. Tooth (eds.). Client education: a practical guide for clinical therapists (pp. 307326). Sydney: UNSW Press. 10. YuECL 2001. Essential traditional Chinese medicine: Western scientific medicine perspective. Hong Kong Practitioner; 23: 2027. [Available from www.hkcfp.org.hk/ article/2001/01/20010105.pdf ]. 11. Chan I, Lloyd T, & Tong K 1999. Theuse of interpreters by South Auckland GPs. NewZealand Family Physician; 26: 5256. [Available from www.rnzcgp.org.nz/NZFP/Issues/Aug99/orchan.htm].
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CHAPTER 8 The use of interpreters

Ben Gray is a general practitioner and Senior Lecturer in the Department of Primary Health Care and General Practice, University of Otago, Wellington. Cite this as Gray B 2013. Theuse of interpreters. Chapter 8 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Diversity Right to communication Is any interpreter satisfactory?
83 83 83
Every doctor must have the ability to employ a professional interpreter if caring for a Limited English Proficiency patient 84 Professional interpreter: telephone vs face to face Organisational systems required to care for LEP patients Assessing English fluency Working with an interpreter Communicating with deaf people Funding for interpreters Availability of professional interpreters Uptake of professional interpreters is poor Summary 85 85 86 86 86 86 87 87 87
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Diversity
Increasing numbers of NewZealand residents are born overseas since 1996 the percentage has increased from 17 percent to 22 percent or nearly one in four people living in NewZealand. Between 2006 and 2026 the Asian, Mori and Pacific populations are all projected to grow faster than the NewZealand population overall,1 and net migration will become an increasingly significant contributor to population growth.2 The proportion of people from non-English speaking backgrounds is also increasing; people of Chinese origin are now the second most common group of migrants after those of English origin, and Chinese and Samoan are the most widely spoken languages in NewZealand after English and Mori. NewZealands immigrant population is disproportionately concentrated in the Auckland region. In2006, over half (52 percent) of the overseas born population lived in Auckland, which was home to 32 percent of the countrys total population. ewZealand has three official languages, English, Maori and NewZealand Sign Language N (for which there are 24,000 users)3
Right to communication
Right 5 of the Health and Disability Commissioners Code of Rights, Effective Communication, includes a right to a competent interpreter.4 Without an interpreter many of the other Patient Rights are not available to a person with limited English proficiency(LEP).
Is any interpreter satisfactory?

Accurate complete interpreting is a difficult professional job that requires significant training. Inaddition good interpreting is founded on trust; the patient must trust the interpreter to hold any information confidential and trust them to accurately interpret their communication, the doctor has to trust the interpreter to be accurate, and to signal if there is any doubt as to how a phrase should be translated. Thefurther apart culturally two languages are the more likely that concepts do not translate. Forexample, there is no equivalent term to schizophrenia in Somali. I trequires significant practice to be able to recall all that is said in English and then accurately translate it into another language. tis common practice for clinicians to use ad hoc interpreters: family members, friends, I bilingual colleagues to aid communication with LEP patients. Table 1 lists the important linguistic and ethical problems with this approach.
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Table 1
Linguistic problems Accuracy of interpreting, degree of English fluency Unfamiliarity with medical terms Incomplete interpretation Adding in advice or opinion of interpreter Ethical problems Confidentiality Difficulty with talking about sensitive matters Role conflict (e.g. abusing husband interpreting for abused wife) Disrupting family dynamics; in particular the use of young children as interpreters for their parents is unacceptable.
njudging the likelihood that a professional interpreter is needed, the following issues I should be considered: Complexity of anticipated clinical content Language ability of the patient Language ability of available ad hoc interpreter Degree of ethical risk: e.g. is the patient vulnerable with mental health issues? Isthe available ad hoc interpreter a child? does the available ad hoc interpreter have a position of power over the patient? Sensitivity of clinical content: e.g. gynaecology, family discord Legal need for informed consent Urgency of presentation: in emergency use the best available Wishes of the patient Ability to pay for an interpreter. tis useful to think of there being a continuum in degree of need to use a professional I interpreter. orexample looking at clinical complexity, at one end it is essential: e.g. explaining a new F diagnosis of cancer, gaining informed consent for a major procedure. Atthe other end a family member may be satisfactory: doing a repeat prescription for hay fever medication.
Every doctor must have the ability to employ a professional interpreter if caring for a Limited English Proficiency patient
If a patient has LEP then there will be times when care cannot be provided without a professional interpreter.
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Professional interpreter: telephone vs face to face

Many organisations prefer to use telephone interpreting, predominantly because of cost. Table 2 contrasts the risks and benefits of telephone and face to face interpreting.
Table 2
Telephone interpreter Benefits Anonymity of interpreter Availability (for smaller language groups or at short notice) Cheaper Disadvantages/Risks Distancing effect of the phone Possible background noise Difficulty in gauging quality of interpreter Lack of continuity (more likely) Face to Face Interpreter Relative ease of communication including non verbal Easier if needing to consult with a family group Possible issues with confidentiality/ comfort the patient and interpreter are socially acquainted or part of a small ethnic community More costly
Organisational systems required to care for LEP patients

Doctors work in organisations and there are many things at a system level that will facilitate communication with LEP patients: Routine collection of ethnicity, preferred language and need for interpreter data onregistration Organisational policy on use of interpreters Provision of a budget for employing interpreters Register kept of available interpreters Speaker phones available (telephone interpreters are commonly used and available) Staff training on managing LEP patients including reception staff Look at all communications from the organisation to patients through the eyes of an LEP patient: do any of them need translating? Patient safety Incident management system flagging when language barrier may have been a factor.
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Skills required
Assessing English fluency
If the patient speaks no English it is easy to work out that you need an interpreter. Itis rarely helpful to ask someone if they speak English. Better is to ask open ended questions, or ask the patient to repeat back in their own words what they have understood you to have said. Even if someone has sufficient English for conversation at work they may still have insufficient for discussing complex health issues.
Working with an interpreter

Organisations providing interpreter services all offer brief advice or training on how to work with an interpreter. Some basic points are: Speak as if you are talking to the patient (how do you feel not how does she feel) Sitin an equilateral triangle so patient doctor and interpreter can easily see each other Speak in small chunks. Thelonger you speak without a break for interpreting, theharder it is to interpret accurately Avoid colloquialisms and medical jargon. Jokes are often hard to explain and risk being misunderstood.
Communicating with deaf people

Past prohibition of the use of sign language in schools means that there are significant numbers of deaf people with low levels of literacy. Written communication is not a suitable or reliable substitute for communicating with many deaf people. Ifyou have deaf people in your practice there is a detailed guide on managing this at: http://www.odi.govt.nz/ resources/guides-and-toolkits/working-with-nzsl-interpreters/index.html
Funding for interpreters

All public hospitals in NewZealand have policies and a budget for the use of interpreters, although anecdotally the budgets are constrained. Anypublic sector organisation can join Language Line (see below) which provides subsidised telephone interpreting. Thisincludes PHOs. T hethree Auckland DHBs have a fully funded primary care interpreting service. Many PHOs provide some funding through Services to Improve Access funding.
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Availability of professional interpreters

Language Line is a partially subsidised telephone interpreting service that is provided from the Office of Ethnic Affairs. http://www.ethnicaffairs.govt.nz/oeawebsite.nsf/wpg_url/language-line-Index. Theyprovideinterpreters in 43 languages, and are available Monday to Friday 9am6pm and Saturday 9am2pm. Auckland has its Primary Health Interpreting Service http://watis.org.nz/info/Primaryservice.php available to primary health services in Auckland, Waitemata and Counties Manakau. T heNewZealand Society of Interpreters and Translators keep a database of interpreters: http://www.nzsti.org Interpreting NewZealand provides interpreters in 70 languages from Wellington and Christchurch, face to face, and by telephone to other regions. http://www.interpret.org.nz
Uptake of professional interpreters is poor

Two NewZealand studies document that the use of interpreters is inadequate and clinical harm is likely to be happening as a result of impaired communication.5, 6 Cost can be a significant barrier to using professional interpreters. Doctors working for organisations who care for LEP patients where there is no budget for interpreters have a responsibility to lobby for funding to be found. However even if the service is free there can be a low uptake. This has particularly been noted in Australia where despite a comprehensive free interpreting service uptake is significantly lower than anticipated.7 The main identified barriers to uptake identified were training of clinical staff and particularly training and attitudes of reception staff.8 A toolkit has been developed for use in primary care in NewZealand to address this need.9
Summary
NewZealand has an increasingly diverse population with significant numbers of people who are not English proficient, particularly in the Auckland region. Itis not possible to provide good care for an LEP patient without an interpreter, and there are some situations where a professional interpreter is essential. Current use of interpreters in NewZealand is such that it is very likely that LEP patients are being exposed to increased clinical risk. Attention to the systems in which doctors work as well as the skills and knowledge of clinicians is needed to improve this problem.
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References
1. Statistics NewZealand 2006. Quick Stats about culture and identity. In: Statistics NewZealand. Wellington: NZ Government;. 2. Ministry of Social Development 2010. T heSocial Report 2010. Available from: http://socialreport.msd.govt.nz/people/people-born-overseas.html. 3. Statistics NewZealand 2006. Quick stats about culture and identity (2006 Census Data): Languages Spoken. Available from: http://stats.co.nz/Census/2006CensusHomePage/ QuickStats/quickstats-about-a-subject/culture-and-identity/languages-spoken.aspx. 4. Health and Disability Commissioner 2009. T heCode of Health and Disability Services Consumers Rights. [cited 2009 27/7/09]; available from: http://www.hdc.org.nz/theact/theact-thecode. 5. Gray B, Hilder J, Donaldson H 2011. W hydo we not use trained interpreters for all patients with limited English proficiency? Isthere a place for using family members? Australian Journal of Primary Health; 17(3): 2409. 6. Gray B, Stanley J, Stubbe M, Hilder J 2011. Communication Difficulties with Limited English Proficiency patients clinician perceptions of clinical risk and patterns of use of interpreters. NZ Med J.; 124 (1342). 7. Phillips CB, Travaglia J 2011. Lowlevels of uptake of free interpreters by Australian doctors in private practice: secondary analysis of national data. Australian health review : a publication of the Australian Hospital Association; 35(4): 4759. 8. Huang Y- TPhillips C 2009. Telephone interpreters in general practice: bridging the barriers to their use. Aust Fam Physician; 38(6): 4436. 9. Gray B, Hilder J, Stubbe M 2012. Howto use interpreters in general practice: the development of a NewZealand toolkit. Journal of Primary Health Care; 3: 18.
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CHAPTER 9 The psychiatric patient and thelaw

David Chaplow is a forensic psychiatrist and former Director of Mental Health and Chief Adviser at the Ministry of Health Wellington. Cite this as Chaplow D 2013. Thepsychiatric patient and the law. Chapter 9 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Whyhave an act? Howis mental disorder defined? Howdo I initiate civil commitment under the MentalHealthAct? Issues in civil commitment
90 91 92 93
The Mental Health (Compulsory Assessment and Treatment) A ct1992 90
Guardianship Order (Protection of Personal and Property Rights Act 1988) 93 Criminal matters Disability Insanity Special patients What happens if you are asked to testify in court? 93 93 94 94 94
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na typical day a general practitioner will assess and treat people presenting with I psychological symptoms and illness. They will present either with a clear psychiatric illness (e.g., Iam depressed doctor...) or with symptoms which need explanation, (e.g., Ihavent been able to sleep properly for ages). Upto 30 percent of patients present with such symptoms. heWorld Health Organisation estimates that over one in five persons will present with T mental disorder over their life time. Many presentations will be dealt with in a social context (e.g., counselling by a priest), never coming to medical notice. O fthose who do present to services, most will be assessed and treated by a general practitioner. Upto three percent will be referred, assessed and treated to/by secondary (or psychiatric) services. People with presumed mental illness and marked behavioural disturbance may need assessment and treatment under the Mental Health Act (Mental Health [Compulsory Assessment and Treatment] Act 1992). This chapter defines and discusses mental disorder and practical aspects of using the Act, including giving evidence in court.
Whyhave an act?
Mentally ill patients are vulnerable because of their impaired judgment and autonomy and because of their capacity to harm themselves, harm others or to be unable to ensure self care. TheMental Health Act ( TheAct) protects the mentally disordered person, ensures assessment and treatment and upholds their rights. Other associated protective legislation includes the Protection of Personal and Property Rights Act 1988
The Mental Health (Compulsory Assessment and Treatment) A ct1992

The Act: defines mental disorder specifies rights and protections for patients and ensures a framework of accountability for their care.
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Howis mental disorder defined?

This is given in sections 2 and 4 of the Act. There is a core definition, Mental disorder in relation to any person, means an abnormal state of mind (whether of a continuous or an intermittent nature) characterised by delusions, or by disorders of mood or perception or volition or cognition. and threshold criteria: that their behaviour (a) poses a serious risk of danger to the health or safety of that person or of others; or (b) seriously diminishes the capacity of that person to take care of himself or herself. Section 4 states that the above definition should not apply to the following categories, (a) a persons political, religious or cultural beliefs; or (b a persons sexual preferences; or (c) a persons criminal or delinquent behaviour; or (d) substance abuse; or (e) intellectual handicap. Abnormal state of mind refers to a qualitatively different presentation, distinct from people of similar cultural or religious backgrounds. Continuous or intermittent acknowledges that most mental illnesses and disorders follow a fluctuating course. This is why both cross sectional and longitudinal histories are necessary. Delusions are defined as fixed false beliefs out of keeping with the patients ethnic or religiousculture. Disorder of mood refers to a pervasive and sustained feeling state. Itcan be low as in depression, or high, as in hypomania. True depression or hypomania comprise mood states that affect world view, judgment and ability to function adaptively. Abnormal mood states can occur secondarily to other illnesses such as personality disorder and schizophrenia. Disorder of perception include hallucinations and usually occur in psychotic illness. Disorder of volition is a reference to disorders of the will and may be affected in depressivestupor, catatonia, and disinhibited states or in the frontal lobe syndrome following a head injury. Disorder of cognition refers to disorders of the process of thinking. T hedisorder covers the isordered thoughts of the psychotic disorders (such as the disorder of thought form), the increased rate of thought in mania and the slowed process of thoughts as seen in depression.
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he threshold criteria mean that people can only be committed under the Act if their disorder T is so severe that it endangers themselves, others, or seriously impairs their ability for self care. Assessment of risk must encompass the following points: the nature and magnitude of the harm its imminence its frequency circumstances and conditions that increase the likelihood of harm balancing the alleged harm on one hand and the nature of societys intervention on theother. Section 4 exclusion criteria mean that compulsory assessment and treatment should only be applied to those with major mental disturbance, not to those who disagree with the state or those whom we dislike or disagree with.
owdo I initiate civil commitment under the H MentalHealthAct?

Compulsory assessment is initiated by contacting a Duly Authorised Officer (DAO) at the local District Health Board (DHB). This is usually by a member of the public (usually a family member) or by a medical practitioner. Both need to complete a Section 8 application certificate (of the Act.) heDAO reassesses to determine the grounds for further assessment and arranges for a T further assessment by a psychiatrist, informing the patient (section 9). psychiatrist (or a senior training registrar) will complete the assessment (section 10) stating that A there are grounds for suspecting that the person may be mentally disordered (or the contrary). fthe assessment finds that the person may be mentally disordered, a period of five days I compulsory assessment begins. This is usually in a mental health inpatient unit but could be in the community. Thepatients assessment and treatment fall under the responsibility of a Responsible Clinician (RC), usually a psychiatrist. Before the end of five days a patient can be released, or a further 14 day period of assessment will commence (Section 12). Atthe end of this period the patient must be released or an application made for a Compulsory Treatment Order (CTO). This order is made by a Family Court Judge at a hearing arranged for the purpose. TheJudge must determine whether or not the person is mentally disordered, if an order is necessary, and what type of order should be made (i.e., to the community or to an inpatient unit). TheCTO is initially of 6 months duration and patients must be regularly reviewed by their RC and by a District Inspector (DI), a lawyer appointed by the Minister of Health. Patients can appeal their compulsory detention (to the High Court, Section 16 of the Act) or to the Mental Health Review Tribunal (MHRT). llservices under the Act are the responsibility of the Director of Area Mental Health A Services (DAMHS), often the same clinician as the Director of Clinical Services.
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Issues in civil commitment

Under an inpatient CTO a patient is obliged to take their medication and reside where directed. They can request a second opinion from a psychiatrist of their choice. Theviewpoint of the family and other carers is important and the Act now mandates consultation with the family (section 7a) unless there is good clinical reason not to do so or it is not practicable to do so. Ordinarily the doctor patient relationship would prevent disclosure of confidential information to a third party. However if there is a known, serious and imminent risk to a third party, doctors have a common law and ethical responsibility to warn them of such a risk and take appropriate action. When in doubt you should discuss with a colleague, with your medical defence organisation or with the local DAMHS.
Guardianship Order (Protection of Personal and Property Rights Act 1988)

This provides for people who are impaired in their competence to make certain decisions about their health, welfare and property. Itcan be invoked in respect of any persons who: lack, wholly or partly, the capacity to understand the nature, and to foresee the consequences of, decisions in respect of matters relating to (his or her) personal care and welfare (section 6(1)(a)). tprovides for the least restrictive orders necessary to address the issues of care and welfare. I Itcan apply to the mentally disordered but more commonly is applies to the care and welfare of the intellectually disabled and/or to those with acquired cognitive impairment (as in head injuries or dementia). Application of the act involves the appointment of a welfare guardian.
Criminal matters
For those persons before the court for any matter, provision is made in law (Criminal Procedure [Mentally Impaired Persons] Act2003) in order to assess: fitness to stand trial mental status at the time of committal of the alleged crime (insanity defence) matters concerning sentencing and disposal.
Disability
Natural justice demands that a person understand what he/she is charged with, know the plea options and their consequences, understand the legal process and be able to work with a lawyer in order to defend him or herself.
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Insanity
This defence is defined in section 23 of the Crimes Act and concerns those who: when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable (i) Ofunderstanding the nature and quality of the act or omission; or (ii) Ofknowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong. heterm applies only to the period immediately surrounding the period of commission of T the crime. Contrary to popular belief only a few people per year are acquitted on the grounds of insanity. Forthis to occur the jury must hear all of the evidence, including the testimony of defence and crown psychiatrists and be satisfied on the grounds of the balance of probability that the defendant was not only mental ill at the time but either didnt know what he/she was doing, or didnt know that their action were morally wrong. Itmust be emphasised that the court makes the decision as to insanity with the assistance of the psychiatrist/medical practitioner.
Special patients
There are four categories of Special Patient: short term remandees remand and sentenced prisoners who require assessment and treatment in hospital those who are under disability those who juries assess as not guilty by reason of insanity. The statute governing their leaves, reviews and release to the community are rigorous and set down in the Act.
What happens if you are asked to testify in court?

There are three types of witness: witness to fact (when the witness sees or hears something relevant to case) the clinical witness who becomes involved by virtue of the doctor/patient involvement (e.g., has made notes about the case) the expert who has special knowledge and experience in a defined area. Most general practitioners will be asked to present in court by virtue of having assessed and treated a patient. Asa witness in court you: need to know why you are being called
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how your testimony will be used; and what procedure is required (e.g., will you need to supply a report?) fyour professional relationship with the patient may be compromised you are best to I request a subpoena. This makes your obligations (to the court and to the patient) clear. Youare also advised to discuss the issue with your medical protection insurer. Themedical witness is in court for two reasons: to assist the court to come to a sound decision to explain complex issues which are often outside the province of the ordinary person. Most doctors feel uncomfortable in court. I tis because the evidence needs to be tested and the court need to be sure of the facts on which it makes its decision. Forthese reasons it is important to: be clear why you are there as a witness. Request written instructions as to what role you have prepare carefully. Make sure you have your notes. B eable to define what words you use know that you dont have to take sides. Y ouare not on trial. N ordo you have to prove anything. You are there to assist the jury: be relaxed and nondefensive. Dont give your opinion beyond your expertise. Ifyou dont know, say so. Useplain words.
Resources
1. Brookbanks W, Chaplow D, Peters J 1996 (eds). Psychiatry and the Law: clinical and legal issues, Brookers, Wellington. 2. Bell S, Brookbanks W 1998. Mental Health Law in NewZealand. Brookers, Wellington. 3. Ministry of Health Website (www.moh.govt.nz).
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CHAPTER 10 Informed consent

Judith Fyfe is a lawyer with a forensic law practice in Wellington and a former lay member of the Medical Council. Andrew Connolly is full time general surgeon and Head of Department at Counties Manukau District Health Board and is deputy chair of the Medical Council. Barnett Bond is a general practitioner on Waiheke Island and has been a member of the Medical Council. Cite this as Fyfe J, Connolly A, Bond B 2013. Informed consent. Chapter 10 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Informing and obtaining consent TheCode of Health and Disability Services Consumers Rights 1996 When informed consent is not necessary Whocan give consent on behalf of another? Care of Children Act 2004 Ethical dilemmas Current legal authority consent decisions Disclosure of harm Principles
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Informing and obtaining consent

Informed consent is more than getting a patient to sign a consent form. T heconsent form is merely the written acknowledgment of a process that provides the patient with sufficient information in order to make an informed decision about their treatment. Itis a two way communication process between a doctor and patient which results in the patient feeling confident that they have enough information to agree to undergo a specific medical intervention. I tis also more than a one off action. I tis a process throughout all stages of treatment or procedure. Informed consent to medical treatment has long been an ethical obligation, and more recently a legal requirement. Itis a fundamental patient right. Theprocess of obtaining informed consent acknowledges the independence of the patient and the fact that that the interaction between the doctor and the patient is for the patients benefit. nthe modern world of medical practice much is known about the risks, benefits and costs I of treatments. Most of these risks, benefits and costs have been quantified to the degree that meaningful information can be given to patients, enabling them to make an informed choice. However this informed choice can be made only to the level of comprehension and competence that the patient possesses. Itis therefore necessary to be aware of this level of understanding in your patient. There can be no suggestion of coercion and the patient must make choices voluntarily. Patients will sometimes need time after the consultation to consider matters and possibly discuss these matters with family/whnau or others who are near to them before they can make a decision. Sometimes, after considering all of the information, patients can still be unsure about what to do. They may ask their doctor what he or she would do if he or she were the patient. Itis reasonable in this circumstance to give an honest answer to this question. naddition patients may waive the right to discuss the details of a treatment. I Youshould record this decision. Sometimes patients maintain that they do not want a lot of detail about possible complications from the proposed treatment. I nthis situation, you must decide whether or not the patient has in fact received sufficient relevant information to make an informed choice. I fnot, then you may need to consider declining to perform the procedure under discussion. Insuch circumstances it is vital to seek collegial support or refer the patient to another doctor. nsome areas of medical practice, the concepts involved in treatment are complex and most I patients will be able to grasp only some of the considerations surrounding the recommended treatment or procedure. Inthese areas of treatment or investigation, it is wise for the doctor to make a specific recommendation based on his or her experience. T hefinal choice about whether to accept or reject such a recommendation is the patients. In addition to discussing the risks and benefits of any proposed treatment, the patient has the right to know of alternative treatments and their risks and benefits. This does not mean that a doctor must know of every single possible alternative treatment, but they should know about a range of treatments that their colleagues would judge to be reasonably known by a doctor in their position. This includes informing the patient of treatment options that might be available outside of the publically funded health service.
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Patients sometimes raise the possibility of a treatment that the doctor does not agree with or does not know about. This is especially true of alternative therapies (see chapter 24). Inthese circumstances the doctor should advise the patient of the evidence base for the respective treatments as far as they know them, and give the patient clear reasons why they recommend one treatment over another. tis not necessary to have a signed consent form for every treatment; this would be I impractical, for example, for every prescription written in general practice. However, the more invasive the procedure, or the more risks it involves, the more prudent it is to have the patient sign a consent form. nthe absence of a signed consent form, you should include an annotation in the patient I record that the patient has consented to this treatment. Youshould do this in every case because it provides evidence that you engaged with the patient in an appropriate discussion. When an interpreter or other third party has been used to assist in obtaining the patients consent you should note this in the patient record. Other than in extreme emergencies it is a requirement of the World Health Organisation Patient Safety Checklist to ensure a written and signed consent form is completed prior to any operative procedure. T hechecklist is likely to be introduced into all NewZealand hospitals. fa treatment is part of research or is experimental, or the consumer will be under general I anaesthetic, or there is significant risk of adverse effects to the consumer, then the consent must be in writing. Doctors have a special duty of care when enrolling apparently healthy asymptomatic persons in screening programs. Particular attention must be paid to explaining the uncertainties and limitations of the screening and implications of false positive and false negative findings for their patient. This must be explained prior to obtaining consent. Where medical trainees are involved in the treatment or care of a patient the patient should be informed about the extent of the involvement of the trainee and the trainees experience. Consent should be obtained from the patient if the care or treatment is part of the trainees education. There are rare occasions when a doctor does not wish to discuss a particular treatment with a patient because that treatment conflicts with the values or beliefs of the doctor. Anexample of this might be termination of pregnancy. Inthis case the doctor must inform the patient of this conflict and refer the patient forthwith to a doctor who can discuss all the currently recommended and accepted treatment options. When a proposed treatment is expensive or in any way innovative, particular care should be taken to ensure that the patient is aware of this. nsummary, there must be a discussion with your patient about the proposed treatment, I during which the patient must be given the opportunity to ask questions and gain a better understanding, and you, (and not a delegated representative) should disclose and discuss with your patient: Thediagnosis as far as it is known Thenature and purpose of the proposed treatment or procedure Therisks and benefits of the proposed treatment or procedure
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Alternatives to this treatment or procedure (regardless of their cost or availability in the NewZealand public health system) Therisks and benefits of the alternative treatment or procedure as far as you know them; and Therisks and benefits of not receiving or undergoing a treatment or procedure. Thepatient has the right to: Consider the information given Askfor clarification and ask for time to consider the information Consult with family and others Give consent or decline to give consent Waive the right to discuss the details of treatment After having given consent, change his or her mind and withdraw the consent. hestandard for informed consent is that which a reasonable patient might expect rather T than what a reasonable doctor might think (Rogers v Whitaker 1992), and failure to fulfil requirements may be considered as professional misconduct. Alldoctors must be familiar, and comply with, the Code of Health and Disability Services Consumers Rights.
heCode of Health and Disability Services Consumers T Rights 1996

There are legal requirements for doctors to undertake the informed consent process prior to beginning treatment. TheCode (see chapter 29) makes explicit reference to informed consent, especially in Rights 5, 6, and 7. Itis important that every practitioner working in NewZealand is fully conversant with this Code. Among other things the Code makes it clear that the patient must be informed of any proposed research or teaching associated with their treatment, and whether such research requires and has received ethical approval. TheCode says that the patient must also be informed about the estimated time in which a health service will be provided, the results of any tests, and the results of procedures. T hepatient has the right to know the identity and qualifications of the providers of the service, how to obtain an opinion from another provider, and the results of the research. heCode is also explicit that health services can be provided to a patient, only if that patient T has made an informed choice and given informed consent. General consent may be given by a patient in advance of the knowledge that any treatment will be necessary. This can be in the form of an advance directive and must be in writing and is covered by common law. Retention and or storage of body parts or bodily substances can be done only with the informed consent of the patient. Many of the complaints made under the Code are essentially about the lack of proper communication between doctor and patient.
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When informed consent is not necessary

There are rare occasions when it is not necessary to get informed consent and the health practitioner has immunity. Some of these occasions are covered by statutory provisions which take precedent over the Code. These situations are detailed in the Medical Councils statement Information, choice of treatment and informed consent which can be found on its web site, www.mcnz.org.nz. Thewell known examples are under the Mental Health (Compulsory Treatment) Act1992 (see chapter 9), and under the Health Act 1956to prevent the spread of infectious disease. Other examples are the Alcoholism and Drug Addiction Act 1966, the Land Transport Act 1998, Criminal Investigations (Bodily Samples) Act1995, Criminal Procedures (Medically Impaired Persons) Actsections 36 to 38 Care of Children Act 2004 and the Children, Young Persons and Their Families Act 1989 (see chapter 28). Right 7 (4) of the Code specifies other circumstances when it is possible to proceed with treatment without consent. This section involves a patients competence, but remember that every patient must be presumed to be competent unless there are reasonable grounds for believing that they are not. Thecommon circumstances where a patient is not competent are where they are a young child, where they are unconscious, or where they are suffering from dementia, or have an intellectual disability. fin emergency, immediate action must be taken to preserve the life or health of a patient, then I you can provide the key services without consent. Only those treatments that are necessary to preserve life or health should be done at this time. Anyprocedure that can reasonably be delayed should be delayed until an opportunity can be given for the patient to consent. Occasionally, when a patient is unable or refuses to consent to treatment, a legal opinion should be sought with a view to seeking authority from the High Court.
Whocan give consent on behalf of another?

heonly individuals who are entitled to grant consent on behalf of a patient are legal T guardians (welfare guardians under the Protection of Personal and Property Rights Act, or parents/guardians under the Care of Children Act 2004 or someone with enduring power of attorney). Aspouse or next of kin cannot consent to or refuse medical treatment on behalf of an incompetent person unless they hold enduring power of attorney or are their welfare guardian. Theindividual with that authority can make all health care decisions, except they do not have the legal ability to refuse consent for lifesaving treatment or medical experimentation. Section 18(1) (c) of The Protection of Personal and Property Rights Act 1988 specifically forbids the person who has enduring power of attorney from refusing consent to the administering of any standard medical treatment or procedure intended to save [the patients] life or to prevent serious damage to that persons health (see chapter 28). Itis important to ask someone who has enduring power of attorney, if they have powers in relation to property, or personal care, or both. Personal care is the applicable authority in regard to giving consent for health care.
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Care of Children Act 2004

This Act came into force on 21 July 2005 and replaced the Guardianship Act 1968. Itstates that all persons over the age of 16 are regarded as adults for the purposes of determining competence to give informed consent. People under the age of 16 are not automatically prohibited from consenting to medical, surgical, or dental procedures so judgment is needed in each instance. This Act has changed the way a court order may be sought in cases where the parents or guardians refuse to consent to treatment for children in circumstances where the childs life is at risk. It also covers how the consent of children should be obtained for medical procedures and the right of doctors to administer blood transfusions to children without consent in certain conditions (to save life being the principal condition). Section 38 of the Act addresses the issue of obtaining consent for abortion for children (a female of any age has the right to consent to or refuse to consent to any medical or surgical procedure for the purpose of terminating her pregnancy).
Ethical dilemmas
Doctors need to be aware of decisions made by the Courts. Decisions are made on a case by case basis and are circumstance dependent. While a particular medical act may be considered ethical in one situation in another situation a similar act can be unethical and illegal. otall the issues surrounding consent for the treatment of children have been settled and N doctors will still face dilemmas. N ewZealand has had three high profile cases since 2000 when parents withheld consent for medical treatment for their children under circumstances that resulted in all three children dying of their diseases. Theway the police and the courts treated these cases was inconsistent and in the first of these cases, the lack of a police prosecution followed intense nationwide public support for the parents decision to decline to accept conventional medical treatment. Inthe other two cases the parents were prosecuted. Thecourts imposed a suspended sentence on the parents in the second case, and sentenced the parents in the third case to 5 years in prison. I twould appear, for the time being at least, that the ability to persuade the court will be the most significant factor in determining outcomes. Doctors should regard court orders against parents as an absolute last resort, and all other means to persuade parents should be exhausted first. Professor Don Evans, director of Otago Universitys Bioethics Centre has stated There is a huge price to be paid for that last step. Itpretty well destroys any collaboration for the future between parents and health carers. Ifyou are likely to find yourself in conflict with a childs guardian about the treatment of serious life threatening conditions, you should read this legislation and seek advice from your medical protection insurer, lawyers, or employers. There are situations where doctors and caregivers may jointly seek a court order for consent, for example to terminate treatment to allow a patient to die peacefully, or sterilisation of a patient who is unable to consent but for whom the family and other carers, supported by medical opinion, request the operation to enhance the quality of life or to prevent deterioration in physical or mental health.
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Current legal authority consent decisions

In Gillick v West Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402 (HL) it was held that parental rights did not exist other than to safeguard the best interests of a minor (under 16). I nsome circumstances a minor could consent to treatment, and that in those circumstances a parent had no power to veto treatment. Thetest is can the child fully understand the medical treatment proposed and give consent. This is referred to as Gillick competency. Achild who is deemed Gillick competent is able to prevent parents viewing their medical records. In Rogers v Whitaker (1992) 175 CLR 479 High Court Australia the decision affirmed that a doctor has a duty to warn a patient of any material risk involved in a proposed treatment. Arisk is considered material if a reasonable person in similar circumstances would attach significance to the risk, or if the doctor is, or should be, cognizant that the particular patient would express concerns about the risk. This approach is similar to the standards which the Medical Council of NewZealand has set. T hemature minor principle is considered and discussed by the Supreme Court of Canada in Manitoba (Director of Child & Family Services) v C (A). 2009. In B v Medical Council of NewZealand [2005] HC 3NZLR 810 the High Court stressed the importance of assessing the adequacy of information conveyed by a doctor to a patient from the viewpoint of the patient and warns that inadequate information will almost always be professional misconduct. nconclusion, informed consent, long an ethical obligation, is in NewZealand a legal I requirement. Itis one of the cornerstones of good patient care, and recognises that the doctor patient relationship is for the benefit of the patient. Informed consent begins with the patients first appointment and continues until the procedure is completed. Notall issues in informed consent have simple solutions. I tcan be a matter of what is reasonable under the circumstances and the reasonableness is from the point of view of the patient rather than the doctor. Itis advisable to consult with other doctors and professional advisers when you are uncertain. TheMedical Councils statement Information, choice of treatment and informed consent is a reliable primary source.
Resources
1. Health and Disability Commissioner, 1996. Code of Health and Disability Services Consumers Rights. 2. Care of Children Act 2004. 3. Campbell J 2004. NZ Doctor; April. 4. Medical Council of NewZealand, 2011. Information, choice of treatment and informedconsent. 5. Informed Consent Policy Royal Australasian College of Surgeons (reviewed 2008). 6. NewZealand Government Legislation website. www.legislation.govt.nz 7. Informed consent. American Medical Association AMA (legal issues). www.ama-assn.org/ama/pub/category/4608.html.
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Disclosure of harm
Ian StGeorge is a Wellington general practitioner and has been an elected member of the Medical Council, Chair of its Education Committee, and Chair of the International Physician Assessment Coalition (IPAC). Poison is in everything, and no thing is without poison. Itis the dosage that makes it either a poison or a remedy Paracelsus. Disclosure of harm is a subset of informed consent, so is dealt with here. W eknow now that Hippocrates First do no harm is not going to work all the time. Nearly all treatments carry the potential for harm, and all of us will do harm, so an honest doctor should talk openly about it before (informed consent) and after (open disclosure). Open disclosure is the discussion of incidents that result in harm from health care. Theelements of open disclosure are: an apology or expression of regret a factual explanation of what happened an opportunity for the patient to relate their experience of the incident a discussion of the potential consequences of the adverse event an explanation of the steps being taken to manage the incident and prevent recurrence. nNewZealand open disclosure is a right under the Code of Health and Disability Services I Consumers Rights and is a requirement of the Health and Disability Service Standards.
Principles
The patient and their support people should be told about adverse events in a timely, open and honest manner. Further information should be provided as it emerges. There should be an early apology or expression of regret for any harm that results from an adverse event. Anapology or expression of regret should include the words Iam sorry or we are sorry, but should not contain speculative statements, admission of liability or apportioning of blame. Thepatient and their support people should be fully informed of the facts surrounding an adverse event and its consequence, treated with empathy, respect and consideration and supported appropriately. Staff should be encouraged to report adverse events, educated to participate in open disclosure and supported through the process. Astaff member must not become a second victim. Investigation of adverse events and harm should be conducted through good clinical governance covering risk management and systems improvement. Theinformation obtained should be used in quality improvement. Procedures should consider privacy and confidentiality for patients, support people and clinicians, fully, and in compliance with privacy law.
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Resources
8. Medical Council of NewZealand 2010. Disclosure of harm following an adverse event. Wellington. 9. Australian Commission on Safety and Quality in Health Care 2012. Australian Open Disclosure Framework Consultation Draft. Sydney.
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CHAPTER 11 End of life issues

Richard Sainsbury is Emeritus Professor Health Care of the Elderly, University of Otago, Christchurch. H eis a member of the Medical Council. Cite this as Sainsbury R 2013. Endof life issues. Chapter 11 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Introduction Assessment of capacity Donot resuscitate (DNR often now DNAPR) orders Advanced directives or living wills Terminating life sustaining treatments or instituting palliative care Euthanasia Conclusions
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Introduction
As the population ages end of life issues are becoming more frequent. Asa doctor, you play an important role in assisting patients, families and the community in dealing with the reality of death. Incaring for patients at the end of life, you share with others the responsibility to take care that the patient dies with dignity, in comfort and with as little suffering as possible. oushould take care to communicate effectively and sensitively with patients and their Y families so that they have a clear understanding of what can and cannot be achieved. Youshould offer advice on other treatment or palliative care options that may be available to them. Youshould ensure that support is provided to patients and their families, particularly when the outcome is likely to be distressing to them. wovital ingredients of end of life care are the assessment of capacity (competence) and T communication. When difficulties do arise in end of life care it is often due to inadequate communication so it is important to spend time with the patient and family and document contacts fully and accurately in the patients notes. Fora person with a speech impairment, dysphasia after stroke for example, the assistance of a Speech Language Therapist (SLT) may be invaluable in determining a patients wishes or capacity. Great care must be exercised in recognising and respecting different cultural beliefs. These may influence decisions about treatment, who is consulted and arrangements for handling the body after death.
Assessment of capacity
Many decisions in end of life care depend on whether the patient has capacity for decision making, also referred to as competence. Competence is always presumed present until proven otherwise. Courts quite rightly take the stance that an individuals liberty is their most important possession and they should only be deprived of it for compelling reasons. Doctors should feel confident about assessing the capacity of their patients, but it is wise to seek a second opinion if there is doubt or if the matter is likely to be contentious. T hebasic guidelines are: Competence is always assessed regarding a particular question, and tests of competence will vary according to the issue at hand Competence can change Itis assessed on a balance of probabilities Itis a medical duty to enhance competence. naddition to testing cognition by a tool such as the Mini Mental State Examination (MMSE) I there are three competence subskills to be considered. They are communication, insight and judgment.
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Communication
Canthe person perceive what I am telling them clearly enough? Canthe person let me know what they are thinking clearly enough?
Insight
Canthe person comprehend what I am telling them about the issue at hand? Canthe person believe the facts about the situation at hand? C anthe person understand the consequences of the choices open to them regarding the situation at hand?
Judgment
C anthe person retain the necessary information and maintain attention enough to form a judgment based on all the relevant data? Hasthe person made a decision about the issue at hand? C anthe person outline a process of reasoning for their decision which takes into account the likely outcomes? There are three major pitfalls in competency assessment. These are: Serving team/family goals rather than the persons goals wrongly interfering with a persons sovereign right to competently make a bad decision about themselves Mistaking competence now for competence forever; basing a decision on the current picture situation rather than the wider picture Hurrying. ttherefore follows that if a person is deemed to have capacity (competence) they are entitled I to make autonomous decisions even if others consider them ill advised. T heexception to this is if the health and safety of others is endangered. fthe person is judged to have lost capacity, i.e. is not competent, and has an enduring I power of attorney (EPOA), this can be activated with a doctors letter which should outline the reasons why capacity is deemed to be lost and the likelihood that it might be regained. AnEPOA has two parts; personal care and welfare, and property and finance. Some people nominate a different person for each part. fa person without capacity does not have an EPOA application must be made to the Court I for a guardian under the Protection of Personal Property and Rights Act (PPP&R) 1988. This can take time so it is a good idea for doctors to encourage their patients, particularly older ones, to obtain an EPOA. Seealso: Section on legal guardianship in chapter 9 Thepsychiatric patient and the law.
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Donot resuscitate (DNR often now DNAPR) orders

DNR orders refer to Cardiopulmonary Resuscitation (CPR) only and not to other issues of care. Itis quite appropriate to actively treat other problems in patients with DNR orders, particularly if they are causing pain or distress (a chest or urinary tract infection, for example). Thepatient or their proxy should be consulted about vigour of treatment of other health problems. Many District Health Boards now call DNR orders, DNAPR (do not attempt cardiopulmonary resuscitation) orders to denote their limitation and to avoid confusion. CPR is the default option in all health care facilities in NewZealand unless an advance decision is made that CPR should not be attempted. Most rest homes will ask the residents wishes on admission and this, together with other treatment wishes, is usually filed with the medication chart. Ifthe resident is then admitted to an acute hospital then the information about DNR status should be sought. Patients and relatives can find repetitive questioning about DNR and treatment status upsetting if their wishes have already been clearly conveyed. Most hospitals require the DNR status to be clearly displayed in the patients notes. Cardiac arrest is frequently the final event in the dying process and for many patients with advanced illness CPR has virtually no prospect of success and may leave the patient worse off. Unfortunately public expectations of the success of CPR are greatly inflated compared to reality. Itis appropriate to accurately inform patients and relatives about the low success rate of CPR in relevant clinical situations. Where possible the patients wish for CPR should be sought. IfCPR is being withheld on the grounds of multiple comorbidities (so called futility) the patient should be informed. Ifthe patient is unable to give an opinion a proxy should be consulted about the persons probable wishes, but it is important to remember that under the law a Power of Attorney (POA) cannot withhold CPR only give an indication as to what the patient would have wished.
Advanced directives or living wills

Advanced directive or living wills are instructions which people make about their health care at some future time. These advanced directives are to be used if the person loses the ability to make their wishes known. When this occurs the advance directive guides the persons substitute decision makers (Darzins et al 2000). person may have made an advanced directive many years earlier so may have changed A their mind about some issues. I tis also impossible for an advanced directive to cover all medical contingencies. I tis therefore important to check with the patient or their proxy as to whether the advanced directive still holds good in the present situation. Itmay be necessary to complete a competence assessment or to determine whether the patient has an activated enduring power of attorney (EPOA) in considering the provisions of the advanced directive. Advanced directives have legal standing in the Code of Health and Disability Services Consumers Rights. There may be circumstances in which it may not be appropriate to comply with the wishes outlined in an advanced directive, however, you must always consider and respect those wishes.
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Terminating life sustaining treatments or instituting palliative care

common end of life care decision that has to be made is the cessation of vigorous or life A extending or sustaining treatment recognising that the patient is dying. Theexpression ceasing active treatment is sometimes used but this is an inaccurate term as providing good quality palliative care is a very active process requiring frequent review of the patient to ensure symptom control. Terminating life sustaining treatment is often referred to as passive euthanasia. Afurther term that is used is indirect euthanasia defined as administering narcotics or other medications to relieve pain which may have the incidental consequence of hastening death by, for instance, respiratory depression (Emanuel 1994). Definitions of active euthanasia are given in the next section. Themain reason for distinguishing between these terms is differences in their ethical status. There is general agreement that so called passive euthanasia and indirect euthanasia are both ethical and legal where treatment is futile and merely prolonging death. However it should be remembered that patients and families have widely differing view on this subject and great care must be taken to explain the change in management goals. hedecision to terminate life sustaining treatment must be made with the patients T permission where possible, and if not, by reliable proxy such as family members and whnau or power of attorney. T hedoctor should try and ascertain as reliably as possible what the patient would have decided had they been able to communicate. T hepatient may have an advanced directive or living will to assist in this regard. Good communication and documentation is vital at these times. Clear communication extends beyond doctor, patient and family as other members of a health team may have differing opinions and peoples own beliefs must be respected. Allconcerned must know the reasons for the change in plan and a debrief after the patients death is wise practice. The paper entitled Reducing the uncertainties of withdrawing and withholding treatment by Logan and McKenzie (2002) provides valuable advice for dealing with these complex situations.
Euthanasia
Strictly speaking the term euthanasia means a good death, however like many words in the English language the meaning of the word has changed with time. Theword is also heavily emotionally charged. Ascommonly used euthanasia is understood to mean active euthanasia which is defined as intentionally administering medications or other interventions to cause a patients death (Emanuel 1994). Active euthanasia can be further divided into voluntary (at the patients request), non voluntary (when the patient is incompetent and mentally incapable of requesting it) and involuntary (where the patient is competent but without the patients explicit request). Regardless of ones personal views it is difficult to imagine a situation where involuntary active euthanasia, in particular, or nonvoluntary active euthanasia could be morally justified. Physician assisted suicide is defined as a physician providing medications or other interventions to a patient with the understanding that the patient intends to use them to commit suicide (Emanuel 1994).
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hePalliative Care Australia position statement on Euthanasia and Physician Assisted Suicide T provides the following relevant statements: Euthanasia and physician assisted suicide are not part of palliative care practice Every Australian at the end of life should have timely and equitable access to quality, needs based and evidence based care Dying is a natural part of life, and declining or withdrawing aspects of treatment is acceptable if it aligns with the informed wishes of the patient. This does not constitute euthanasia or physician assisted suicide. These statements reflect what is accepted practice in NewZealand. oumust not participate in the deliberate killing of a patient by active means. Euthanasia is Y illegal, and an offence under the Crimes Act.
Conclusions
Dealing with end of life situations can be challenging for the doctor but can also be very rewarding. Clear communication is paramount so that patients and their advocates understand their condition and the implications of treatment or nontreatment. Assessment of capacity or competence is central to decision making. Good documentation of discussions and decisions is essential. Some form of counselling or debriefing for family or team members after death is usually beneficial. Active killing of a patient is both unethical and criminal.
Resources
1. Darzins P, Molloy DW and Strang D. Whocan decide? T hesix step capacity assessment process. 2. Emanuel E 1994. Euthanasia: historical, ethical and empiric perspectives. Arch Intern Med; 154: 18901901. 3. Logan R and McKenzie L 2002. Reducing the uncertainties of withdrawing or withholding treatment. NZ Med J; 115: 8183. 4. Palliative Care Australia position statement on euthanasia and physician assisted suicide. http://www.palliativecare.org.au/Policy/Positionstatements.aspx
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CHAPTER 12 Accident compensation

Peter Jansen is a general practitioner and Senior Medical Adviser for the Accident Compensation Corporation. Cite this as Jansen P 2013. Accident compensation. Chapter 12 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Overview Accident claims to ACC Personal injury Mental Injury Definition of accident Hearing loss Complex claims Sensitive claims Work related mental injury Treatment injuries Work related gradual process (WRGP) claims Lodging a claim with ACC Entitlements Criminal injuries and self inflicted injuries Time off work work incapacity certificates Obligations of treatment providers Resources and where to go for more information
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Overview
The Accident Compensation Corporation (ACC) has provided comprehensive, no fault cover for people injured from accidental causes since 1974. Levies from workers, employers, vehicle registrations and taxpayers are applied to facilitate the recovery of those injured and to fund the future needs of those injured long term. The scheme applies to all NewZealand residents and temporary visitors to NewZealand. NewZealanders who are ordinarily resident may also be covered if they are injured while overseas. ACC, a crown entity, administers the scheme according to the Accident Compensation Act 2001 (the Act). heright to take legal action for personal injury covered by ACC is removed other than for T exemplary damages. Once a claim is approved by ACC the injured person may have access to a range of entitlements from treatment and rehabilitation aids, to weekly compensation and lump sum compensation, depending on the persons injury and circumstances. T heinformation that follows relates to current legislation and new claims. Changes to legislation since 1974 mean that the criteria for continuing cover and entitlements on existing claims may vary from that available on new claims.
Accident claims to ACC

Most of the approximately 1.8 million ACC claims made each year are lodged through general practitioners. Other health providers such as osteopaths and physiotherapists also lodge claims alongside their role in providing treatment or assisting in the rehabilitation of those who are injured. ACC has a network of call centres, branch offices and specialist units to assess claims and administer entitlements. Once a claim has been approved by ACC, the injured person may be entitled to a range of assistance such as contributions toward the costs of treatment by doctors and other providers. These contributions are usually claimed by the treating practitioner on the clients behalf (bulk billing) under the treatment costs regulations which specify the amount ACC will contribute. This may not equate to the full cost of treatment so the treatment provider may request a copayment from the patient. ACC also contracts for a range of services from elective surgery, to psychological services and rehabilitation. Ingeneral these contracts are intended to meet the full cost of the service and no copayment can be charged. helegislation also supports good clinical practice T stating that ACC should fund services that are necessary and of the quality required to achieve a return to independence. T oensure that the health services ACC purchases meet these legislative requirements, it monitors the delivery of health services.
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More information on ACCs performance and monitoring framework is available at www.acc.co.nz
Personal injury
Accident cover is available for personal injury that is caused by: an accident a work related gradual process, disease or infection (WRGPDI) treatment provided by or at the direction of a registered health professional (treatmentinjury). Personal injury is defined in the Act as: death physical injury damage to dentures or prostheses that replace a part of the human body. With limited exceptions wear and tear is not covered by ACC. O neexample where cover may be available is a work related gradual process.
Mental Injury
Cover is also available for mental injuries that result from: a physical injury sexual abuse or assault (sensitive claims) first hand experience of sudden traumatic events in the workplace (WRMI). mental injury is a clinically significant behavioral, cognitive or psychological dysfunction. A Itdoes not include emotional effects such as hurt feelings, stress or loss of enjoyment. Whena mental injury is caused by a physical injury, the claim will usually be lodged by a doctor or nurse practitioner. However, the disorder must be diagnosed by a registered psychiatrist or psychologist.
Definition of accident
The definition of an accident is important if claims are to be lodged appropriately. Thosedefinitions include a specific event (or series of events) that: involves the application of a force (including gravity) or resistance external to the human body, or involves the sudden movement of the body to avoid such a force or resistance external to the human body is not a gradual process involves inhalation or oral ingestion of any solid, liquid, gas, or foreign object on a specific occasion, except for inhalation or ingestion of a virus, bacterium, or protozoan, unless it is as a result of criminal conduct by another person
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involves a burn or exposure to radiation on a specific occasion (other than exposure to theelements) involves the absorption through the skin of any chemical for a period of not more than onemonth involves exposure to the elements or to extreme temperatures for a defined period (not exceeding one month),where the exposure results in death or an inability for more than one month to perform an activity in a normal manner. Specifically excluded by legislation as neither accidents (unless work related) nor personal injuries are: any ectoparasitic infestation contraction of a disease through an arthropod as the active vector cardiovascular and cerebrovascular events conditions caused wholly or substantially by the ageing process.
Hearing loss
Cover for hearing loss may be available where it is: a personal injury caused by accident the result of a work related gradual process, disease or infection (WRGPDI) a treatment injury. orhearing loss claims lodged after 1 July 2010 the person must have suffered at least a 6 F percent hearing loss from accidental causes for the claim to be approved. E ar,nose and throat specialists are engaged by ACC to assess claims including the apportionment of accidental and nonaccidental causes for the loss of hearing.
Complex claims
AC legislation describes some claims for cover as complicated. Generally these claims require additional information before ACC can make a cover decision, and ACC may take more time to assess the claim. These claims are for: mental injuries caused by certain criminal acts (sensitive claims) personal injuries caused by work related gradual process, disease or infection (WRGPDI) personal injuries caused by treatment (before 1 July 2005 this was called medicalmisadventure) claims that are lodged more than 12 months after the date the personal injury occurred work related mental injuries as a result of witnessing a traumatic event while working.
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When assessing complicated claims ACC may contact treatment providers seeking additional information. This is done with the consent of the patient. Byresponding in a timely fashion and providing all relevant information the patients claim can be processed quickly including arranging any expert assessments that are required.
Sensitive claims
Sensitive claims are mental injuries caused by sexual assault or sexual abuse. T heevents which amount to sexual abuse/assault are included in a list of crimes contained in Schedule 3 of the Act. Claims approved as sensitive claims have entitlement to the full range of ACC services, although the main treatment offered is counselling or psychotherapy for the mental injury suffered as a consequence of the criminal activity. Sensitive claims are managed by ACCs Sensitive Claims Unit in a confidential process. When a mental injury is caused by sexual assault or abuse, the person can lodge their claim through either a doctor, nurse practitioner or an ACC registered counsellor. Once ACC receives the claim a case manager will contact the client to facilitate the collection of relevant information or to arrange for any ACC funded assessments that may be required. Anyinformation collected is treated as highly confidential and is only seen by the Sensitive Claims Unit staff or the expert independent assessor. Further information and guidance can be obtained from the Sensitive Claims Unit on 0800735566.
Work related mental injury

Since 1 October 2008, claims for work related mental injury can also be considered, providing the injury was first treated on or after this date and the mental injury: was caused by a single, sudden traumatic event has been directly experienced, seen, or heard during the course of their work resulted from an event which could reasonably be expected to cause mental injury in people generally.
Treatment injuries
A treatment injury is a physical injury caused as a result of treatment from a registered health professional but some exclusions apply. There is no requirement to find fault, although in some cases the cause of the injury will be treatment that is inappropriate in the circumstances. Both the underlying disease and other pre-existing diseases are not covered, although a significant worsening of disease might attract cover. Also excluded are: a necessary part, or the ordinary consequences of treatment (for example hair loss following chemotherapy or radiotherapy burns would be unlikely to be covered) injury caused solely by decisions about allocating health resources injury caused because a patient unreasonably delayed or refused to give consent for treatment.
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hefact that treatment did not achieve the desired result does not in itself constitute a T treatment injury. Examples of treatment injuries could range from a wound infection to operating on the wrong limb. ACC must report to the Director General of Health and may report to the Medical Council when the investigation of the claim leads to a conclusion there is a risk of harm to the public. Allclaims, approved and declined are reviewed for reporting of harm.
Work related gradual process (WRGP) claims

From 1 July 2010 claims for WRGPDI return to the provisions in effect before 1 August 2008. There are two types of claims under this heading: 1. Aperson is exposed at work to one of the substances or agents listed in Schedule 2 of the ACC Act and then develops the listed occupational diseases. 2. Other work related gradual process claims that meet the 3 part test, namely: there must be a particular property about the persons work task or work environment which has caused or contributed to the injury the property or environment must not be found to any material extent outside theworkplace the risk of suffering the injury must be significantly greater for people who perform that task or work in that environment. oinvestigate these claims ACC will collect additional information from the client, their T employer and their treatment provider. Theclient may also be assessed by an occupational medicine specialist before a decision is made.
Lodging a claim with ACC

Only registered treatment providers can lodge a claim with ACC. This simply involves completing an ACC45 Injury Claim Form and submitting this to ACC. T heform is available in both paper and electronic format. Electronic forms can be submitted from a patient management system or via the web. Once the ACC45 information is processed by ACC a decision is made as to whether or not cover is granted or if further investigation is required. Inmost cases the decision takes no more than two days. fmore information is needed ACC may contact you as the treatment provider lodging the I claim, the client or their employer, or arrange for further assessment. Complicated claims require investigation, so the Act allows ACC more time to make decisions in some circumstances. Once the claim is approved ACC will pay the treatment providers invoices and give appropriate entitlements to the client. Ifcover is declined you and your patient will not receive any payments. Inthat event you are entitled to bill the patient for services provided. Itis important to complete the ACC45 as completely and as accurately as possible.
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Remember to record the Read codes for the patients injury on the ACC45. Where there are multiple injuries record the Read code for each injury. F ormanual forms ACC has produced a quick reference guide to the most commonly used codes. Electronic practice management systems will automatically help you assign the correct Read code. heACC45 also acts as a sick note for the client and this part should be filled in as accurately T as possible. Only a registered doctor or a nurse practitioner can certify work incapacity. Each ACC45 has a unique number which is then assigned to that injury. hecompleted ACC45 should be posted in the reply paid FastPost envelopes or electronically T lodged as soon as possible. Treatment injury, work related gradual process and sensitive claims each have specific processes. Information on these is available from the ACC website.
Entitlements
Patients who suffer injuries that are covered by the Act may be entitled to a number of financial, treatment and rehabilitation benefits depending on their injury and circumstances. Types of assistance include: rehabilitation treatment (including pharmaceuticals, imaging, elective surgery, public health acute services), home based care, transport, equipment, consumables and other services aimed at restoring the client to maximum health and independence compensation for lost earnings clients may be eligible for weekly compensation forearnings lost as a result of their injury death benefits such as funeral grants and payments to dependants an independence allowance for injuries that occurred before 1 April 2002 lump sum compensation for injuries that happened on or after 1 April 2002.
Criminal injuries and self inflicted injuries

ACC is required to disentitle clients whose injuries are sustained after 1 July 2010 during the course of committing a serious offence. T hecircumstances require that the offence is punishable by a maximum term of imprisonment of 2 years or more, and the client is sentenced to a term of imprisonment or home detention. I nsuch cases ACC is only permitted to contribute to the cost of treatment. Special provisions apply to surgery. From 1 July 2010 similar levels of disentitlement apply to those who commit suicide or a wilfully self inflicted injury. This provision does not apply to those whose injury is the result of a covered mental injury.
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Time off work work incapacity certificates

Patients who require time off work because of their injury will need a medical certificate from a medical provider. Some injuries necessitate time off work. T hecertificate used by a registered doctor or nurse practitioner (the only treatment providers who can issue these certificates) is: ACC45 for the first visit ACC18 medical certificate if an ACC45 has already been lodged. This form should be filled in carefully with regard to the persons work capacity, the tasks involved in their job and the alternative tasks they might still be able to do at their work. Attimes it may be appropriate to talk, with the patients consent, to their employer. orthat reason it is preferable, when completing the forms, to focus on the capacity of the F client to undertake work, whether that means their usual tasks or alternative duties or limited hours. llpatients should be examined before they are issued with a new medical certificate. A Thepatient should be asked relevant questions such as: the type of work they do and the tasks involved how long they have been doing that job what their working conditions are like any problems or injuries they had before the accident any concerns or fears they have about returning to work the tasks they are still able to do. sethis information and other findings to estimate the time in which you expect your patient U to be fit for normal work, and the range of tasks they can do now as well as the number of hours the patient can attend work. certificate that reports on fitness to work (work capacity) helps case managers to negotiate A with employers on behalf of the patient, and to develop rehabilitation programmes that best suit their needs. hemaximum time off work allowable on the first certificate (usually the ACC45) is fourteen T days. After that the maximum time off you can certify is thirteen weeks before another certificate is due. Many clients will return to work sooner, and guidelines are available for expected time off related to specific injuries. Note: retrospective certification is not good practice.
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Obligations of treatment providers

Before you can lodge claims for, or treat under, ACC you must register with ACC and maintain relevant practising certificates. Information about registering, including application forms, is available on line at www.acc.co.nz in the ForProviders section. Once accepted you can claim and treat under the AC scheme. Alltreatment must: be necessary and appropriate match the quality required be given the appropriate number of times be given at the appropriate time and place normally be provided by your type of treatment provider. ACC has policies and procedures designed to ensure appropriate treatment and rehabilitation. Treatment providers are monitored and ACC can investigate if there are any concerns about the treatment being provided.
Resources and where to go for more information

ACC has produced several publications to assist you, including: the Treatment Provider Handbook, a comprehensive guide to working with ACC Treatment Profiles which provide a guide to managing individual injuries. This and additional information is available on the ACC website www.acc.co.nz and through the Provider helpline: 0800 222 070. acknowledge Dr Jonathon Fox who wrote the chapter on ACC in a previous edition. I This chapter is based on his work with updates in line with new legislation and policies introduced since 2007. Thanks also to my ACC colleagues for their advice: D rKevin Morris, who was Director of Clinical Services; Mike Mercier of Legal Services; and Greg Palmer, Acting Communications Manager.
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CHAPTER 13 Medical records and patient access to information

Robert Stevens is an Auckland barrister and a consultant in the management of personal information and privacy. Cite this as Stevens R 2013. Medical records and patient access to information. Chapter 13 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Purpose and content of the record Legal and ethical obligations Electronic records Therules of the Health Information Privacy Code Health research Other requested disclosures Certain protected disclosures Transfer of patient records to another doctor
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Dr Ds documentation in relation to the consultation on 21 June was inadequate and, accordingly, he breached Right 4(2) of the Code. Health and Disability Commissioners Decision 10HDC00753.
Purpose and content of the record

An all too common finding of bodies with statutory rights to investigate doctors is that of inadequate clinical records. T heclinical note is a tool for management, for communicating with other doctors and health professionals, and has become the primary tool for continuity of care in many practices as well as in hospitals. T ofulfil these tasks, the record must be comprehensive and accurate. Agood medical record can also be helpful for the doctor if there is any question or complaint about the care of the patient. There is a long established tradition in medicine that the notes that form the main part of the record contain something about the patients symptoms, signs, diagnosis and treatment plans. Itis useful to differentiate between what is reported, what is observed, and what is diagnosed. These different features of a record entry are often abbreviated as (S) subjective, (O) objective, (Dx) diagnosis and (P) plan. I tis also important that the notes can be ascribed to the appropriate patient (so the name, date of birth or other identifying details must be recorded accurately), at an identifiable time and by a recognisable author. There are some useful principles that apply to clinical notes: write legibly write the date and time sign legibly do not use ambiguous abbreviations do not alter notes or disguise additions do not use offensive or humorous comments check what you have written.
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Consider the difference between a record on one day which says Repeat meds Metoprolol 47.5 daily 3/12 and one which says Repeat meds, well, 130/80, pulse reg 64/min, Metoprolol 47.5mg daily 3/12, buying Cartia. Although not a lot longer, the second form shows considerably more of the process the doctor is going through and records important findings for monitoring the patients health and the results of the doctors interventions. Sometimes, on reviewing an earlier record entry, a doctor may feel that it is inaccurate, incomplete or potentially misleading. Itis appropriate to augment a record in such cases, making it clear when and by whom the augmentation or annotation was added. T heearlier entry should never be deleted, obliterated or changed, if only because such amendments might later raise suspicion of covering up an error in treatment or diagnosis. With modern computer systems in both primary and secondary care, test results such as bloods and imaging are an important part of the clinical record. Although the principles of management of tests will be discussed in chapter 14, it is useful to think of such results as part of the record.
Legal and ethical obligations

The management of all personal information is covered in NewZealand by the Privacy Act 1993. Where health information is concerned, a special code of practice issued under the Privacy Act adapts the usual rules at the centre of the Privacy Act to health care. I tis called the Health Information Privacy Code 1994 (HIPC). Ithas the force of law. Therules of the HIPC are designed to ensure that people retain a degree of autonomy when others are dealing with health information about them. Agood rule of thumb is that there should be no surprises for the individual in how information about them is collected, is used, and is passed to others. Therules generally reflect good ethical medical practice.
Electronic records
The obligations around medical records exist regardless of the form in which they are kept. Medical records are very often made and held in electronic form, and existing paper records converted to electronic media. T othe extent that an electronic record captures everything which was in the original paper version, there is no need to retain that original. However, if scanned copies of images would miss detail of potential significance, the original films should not be destroyed inside of the normal minimum retention period.
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Therules of the Health Information Privacy Code

The HIPC provides rules for health agencies, including doctors working on their own account or for others, on their handling of health information that is about identifiable individuals. Health information covers everything from consultation notes through to medical test results, and also includes the incidental information used in conducting the business side of health care such as address and billing details. Abrief outline of the twelve rules at the heart of the HIPC is given in this chapter, but in case of any doubt doctors should refer to the words of the HIPC itself, or obtain advice from someone else who is more familiar with the HIPC. TheHIPC is published with accompanying commentary by the Privacy Commissioner; the commentary is not legally binding, but contains a wealth of practical pointers and observations which will answer many a query.
Rule 1 Purpose of collection

You must collect health information only where the information is needed for a lawful purpose, and the collection is necessary for that purpose. Youmay be asked to justify having collected individual items of health information.
Rule 2 Source of the information

Wherever practicable, you should collect health information directly from the individual concerned. Oneexception is where the individual has authorised you to collect the information from someone else. I tis good practice to record the source from which you have obtained health information.
Rule 3 Collection of health information

When you collect health information directly from the individual concerned, you must take all reasonable steps to ensure that the individual is aware that the collection is taking place, is aware of who is doing the collection, for what purpose, and with what intentions of passing the information to others. oushould also see that the individual is told the name and address of the agency which Y will be keeping the information, and that they have a right of access to it. I fit is practicable to do so, these steps should be taken before the health information is collected. Many health care agencies find it convenient to communicate these matters by the use of leaflets, and by notices on the forms which the individual uses to give the information.
Rule 4 Means of collecting health information

You must collect health information by means which are lawful, fair, and do not intrude unduly on the individuals personal affairs. Medical professionals become used to dealing with very sensitive personal information, but must remain mindful of its importance to the individual concerned.
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Rule 5 Storage and security

Anyone holding health information must take the steps which are reasonable in the circumstances to ensure that it is guarded against loss or unauthorised access and use. Amongst other precautions, this means that the more personal information should not be voiced where others can hear it if those others have no business to know it. swith several other rules of the HIPC, the test of what steps are reasonable in the A circumstances calls for a proportional approach the more sensitive the information, the greater should be the safeguards applied. Transfers, archive storage, or destruction of medical records, all require particular care as to confidentiality. Computers should have passwords, and records should be accessible only in areas where access is limited to staff.
Rule 6 Right of access

Individuals have the right to have access, on request, to health information about them. Access should usually be given without charge, and in the form that the individual prefers. Arequest for access must be responded to promptly, and certainly within twenty working days. Thehealth agency should verify the individuals identity before giving the information to them. There are circumstances in which the request for access may be refused, but these are exceptional cases and the only valid reasons for refusal are those set out in the Privacy Act. Anydoctor making records should do so on the assumption that they may be seen by the individual concerned. tsometimes happens that a doctor is given information about a patient by someone else, I and the source of the information may ask that the patient is not to be told that the doctor has the information or who gave it. However, no matter what the doctor promises, the right of access under the Privacy Act still exists, so doctors should never give unqualified promises of confidentiality if they receive information about a patient from third parties.
Rule 7 Correction of health information

Every individual has the right to request correction of health information about them if they believe it to be wrong. Theagency keeping this information may refuse to make the correction if the agency feels that it would not be appropriate to do so, but in such a case the agency must if so requested attach a note to the contested information showing the patients assertion of the error. Quite apart from any request, if you become aware of an error in health information held you should yourself take steps to correct it. Anycorrections made should be communicated, if practicable, to every other person or agency to which the erroneous information has been previously passed.
Rule 8 Check before use

You must not use health information without first taking reasonable steps to ensure that it is accurate and not misleading. T hesteps taken will depend on the use to which the information is to be put: the more important that item of information is in the proposed action, the more rigorous should be the steps to ensure that it is accurate, up to date, complete, relevant and not misleading.
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Rule 9 Retention of medical records

This HIPC rule states that health information is not to be kept for longer than it is required for those purposes for which it may lawfully be used. Given that health information is normally kept for purposes which include future diagnoses and care, the rule itself will not often impose a limit on retention. Furthermore, there are specific regulations the Health (Retention of Records) Regulations 1996 requiring that health information relating to an identifiable individual must be retained for a minimum of ten years from the day after the last treatment or care of that individual by the agency holding the information. Unless the accuracy of certain health information is being questioned, the most likely form of complaint in relation to retention is that it has not been retained for long enough. TheMedical Councils guideline, and the advice of several colleges, is that records are retained for more than ten years.
Rule 10 Limits on use

Health information obtained for one purpose cannot be used for another purpose. There are some exceptions to this rule.
Rule 11 Limits on disclosure

Disclosures which were anticipated and intended when the information was obtained can proceed as planned. Other disclosures can be made with the authorisation of the individual. Afurther group of exceptions applies to allow other disclosures where it is not desirable or practicable to obtain the individuals authorisation, and the situation fits into one of the limited exceptions set out in the full rule. Examples of this group are where the disclosure is directly related to the purpose for which the information was obtained, where the disclosure is for a professionally recognised accreditation or quality assurance programme, or where the disclosure is for statistical or approved research programmes. T herule against disclosure applies to health information about individuals until twenty years after their deaths.
Rule 12 Unique identifiers

You can use another agencys unique identifier only where your use of it is part of the purpose for which that identifier was assigned. Acase in point is the National Health Index number, where its recording and use by your agency is for the purpose of making the claims and reports which are required to be indexed by that common identifier.
Health research
Most health research in NewZealand has to be approved by an official ethics committee, which will inquire into any privacy issues apparent in the scope and conduct of the proposed programme and may set limits in those areas. Health information can then be used in, and disclosed for, a research programme which has received ethics committee approval, but even so any disclosure for the purpose of such a research programme can only go ahead in the absence of the individuals authorisation if it is not practicable or not desirable to obtain that authorisation.
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It should be noted that there is no prohibition on the use or disclosure of statistical information which is not identifiably about any individual. Where information about an identifiable individual is to be disclosed for use in statistical surveys, but nothing will be published in a form that could be expected to identify the individuals covered, this can proceed without the individuals authorisation if it is not desirable or practicable to obtain that authorisation.
Other requested disclosures

There are a number of other provisions in legislation under which information can be requested from, and supplied by, a doctor. Thebodies which make such requests should make it clear what statutory authority they are relying on. Adoctor can and should ask the requesting body to clarify in writing exactly what information is sought, the reason for the request, and the statutory provision which might permit or require the doctor to provide that information.
Certain protected disclosures

There are provisions under the Children Young Persons and their Families Act 1989 which allow and protect the reporting to Police or to a social worker of suspected neglect or abuse of a young person. There is a duty on a doctor under the Land Transport Act 1998 to report to the Director of Land Transport Safety any person they know of who is likely to drive a vehicle but whose mental or physical condition makes it unsafe for them to do so. I nthose cases the legislation allowing or requiring the disclosure will protect the doctor who made the disclosure in good faith from any legal or disciplinary action being taken against the doctor on account of that disclosure.
Transfer of patient records to another doctor

A doctor leaving a partnership has no automatic right to remove any records, and legal advice should be sought where the partners do not agree on what should happen to the records. When a patients medical records are to be transferred to another doctor, medical defence organisations strongly recommend the doctor keeps a copy, especially if there has been any suggestion of complaint. Such transfers must be made at the request of the patient, either received directly or through the request of the new doctor. Transfers should be made promptly on request, and the existence of outstanding accounts is no excuse for refusal or delay. herecord to be transferred would usually be the whole folder of notes or print out of the T electronic file, but at the minimum should consist of a brief factual summary of what records the doctor has along with a note of the present state of the patients health. heagency holding the record should generally wait for a request by the patient or by the T new health care provider before transferring the records; this allows for agreement on what records are to be transferred and by what means.
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CHAPTER 14 The management of clinical investigations

Ian StGeorge is a Wellington general practitioner and has been an elected member of the Medical Council, Chair of its Education Committee, and Chair of the International Physician Assessment Coalition (IPAC). Cite this as StGeorge IM 2013. Themanagement of clinical investigations. Chapter 14 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
TheCommissioners view TheRoyal NewZealand College of General Practitioners resource Other views Issues Conclusion
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The management of clinical investigations is a contentious issue in NewZealand practice. There is no clear agreement on the level of responsibility that should be held by doctors, patients, and those conducting the investigations. However, the failure to manage test results appropriately has the potential to cause harm and there are a number of basic principles that may assist you in protecting your patients.
TheCommissioners view
In a paper in NewZealand Doctor the previous Health and Disability Commissioner expressed his view about the key principles that should apply when managing clinical investigations: 1. Atthe time any test is proposed, patients have a right to be told by their doctor why the test is recommended and when and how they will be informed of the results. 2. Ifa doctor or medical centre has a standard practice of not notifying normal test results, patients must be informed and their consent obtained to not notifying in such circumstances. 3. Itmust be made clear to patients that they are entitled to be notified of all test results, and, even if they agree to be notified only of abnormal test results, they are welcome to call the medical centre and check whether their results have been received and what they are. 4. Inthe absence of any other such arrangement being made, when results are received by a medical centre, the patient must be informed. This is especially important if the results raise a clinical concern and need follow up. 5. Adoctor is responsible for having an efficient system for identifying and following up overdue test results. review of other cases has identified a number of principles which the Commissioner A applied when assessing complaints: 1. Doctors responsible for reporting test results to the patient should have a system to audit and manage patient test results. This system should not rely on the patient taking the first step in the notification process. However, patients should be able to enquire about their results as a backup to the notification system. 2. Patients should be appropriately informed of the system for notification of test and procedure results, and arranging follow up. 3. Where significant pathology is suspected, doctors should ensure that the notification system tracks the request or referral and the outcome, and manages this in an appropriate and timely manner. 4. Aclear policy should be developed to ensure that staff and colleagues are aware of the system. This policy should cover the role of the test initiator, notifications, locums and follow up.
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Case 1: TheDistrict Court looked at a case involving a patient who presented to a hospital emergency department. T hefirst doctor to assess this patient ordered tests, but neglected to inform a colleague of this before going off duty. T hecourt made a finding of medical error, relying heavily on the advice of an expert adviser who stated, Itis the responsibility of the doctor ordering tests to review, interpret and act on results. When test results are ordered but the doctor goes off duty before the results are known it is that doctors responsibility to alert the incoming doctor that there are test results outstanding. Policies vary from one hospital to another on how abnormal laboratory or radiology results are alerted to treating clinician or team. Case 2: Awoman had a slightly painful breast mass that could not be aspirated. S hehad a history of fibrocystic disease and recurrent breast mass. H ergeneral practitioner was suspicious of other pathology and referred her to a hospital radiology department for mammography and ultrasound. Sheattended the hospital and was told that her general practitioner would inform her of the test results. Thegeneral practice had a policy that patients would be contacted if their results were abnormal, but patients should also contact the practice if they did not hear about their result. Thewoman was not made aware of this policy. T hepractice did not receive the report. Thewoman phoned the practice nine weeks after the mammogram. T hepractice nurse contacted the radiology department and requested the report, but the results were not forwarded and the practice nurse did not follow this up. O nemonth after the first call, the woman rang the practice again. T hepractice nurse was able to access the results that same day. T heCommissioner found that general practitioners should not be responsible for system failures outside their control, but he also found that tests ordered when a doctor has a reason to suspect a cancer diagnosis do require proactive follow up. T hegeneral practitioner was found in breach of Right 4(4) of the Code of Rights, which states that patients must be provided with services in a manner which minimises potential harm to, and optimises the quality of life of, that patient. heprevious Commissioner also made his view clear about the patients responsibilities. T Hestated clearly, general practitioners are subject to resource constraints (time and money), labs must have efficient systems, and patients have some responsibility for their own health care. Butpatients who have tests taken should surely be able to look to their primary care provider to follow up results in appropriate cases. Thedevil, of course, is in the detail.
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TheRoyal NewZealand College of General Practitioners resource

After considering the Commissioners reports and the case heard at the District Court the RNZCGP developed a resource called Advice on minimising error in patient test result management, which included these principles: 1. General practice is encouraged to develop a system to audit and manage patient test results. 2. This system should not rely on the patient taking the first step in the notification process. However, patients should be able to enquire about their results as a backup to the practices notification system. 3. Clear information on the practices system for notification of test and procedure results should be made available and explained to patients. 4. Inspecific cases, where the general practitioner suspects significant pathology, the practitioner needs to ensure the practice system tracks requests and return of the results to the practice and manages the result in an appropriate and timely manner. 5. Aclear policy is required covering the test initiator, notifications, locums and follow up. hepaper acknowledged that different organisational structures and procedures among T general practices and patient populations made it difficult to provide easy solutions to managing patient test results, and identified a number of issues and challenges.
Other views
At a meeting with the different branch advisory bodies (BABs), the Medical Council asked whether guidance on the subject of managing patient test results was needed for the entire profession (and not just general practitioners). Comments in response to this suggestion included that: 1. Astatement should not be developed for doctors, but instead the Council should look at how it can help patients to take responsibility for their own health. 2. Good computer systems and software may be the best way to improve outcomes. 3. Care should be taken not to put too great a burden on doctors and systems that are already overburdened. 4. Provisional and final imaging reports need to be married and differences flagged. 5. Inhospitals it is often difficult to identify who ordered a test. Doctors should always use a stamp with their name and Medical Council number on it. 6. Laboratories should notify high priority results by telephone, as well as by post. 7. Test results might be copied to the patient as a matter of course.
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Issues
Case 3: Asemiurgent radiology referral for barium enema was made for a patient, but no appointment was received seven months after the referral despite the fact the hospital had received the referral. Thegeneral practitioner was not aware of this waiting time. Case 4: After a seizure a patient had had a CT head scan one week before seeing a general practitioner. Thedoctor asked that the results be sent to him. Eight days later he had not received the results and the patient had another seizure. T hedoctor phoned to find the specialist was on holiday with the results on his desk indicating a brain abscess. Case 5: TheCommissioner considered a case where errors resulted in a woman not receiving the cervical screening programmes recommended follow up. T heprogramme followed normal recall procedures but the woman did not receive the recall letters as she had moved. H efound the general practitioner alone in breach for failure to ensure the patient had a repeat smear. scan be seen in the comments made at the BAB meeting, many consider the responsibility A and right to follow up test results should remain with the patient. There is a view that practitioners should advise all patients of their right to seek confirmation of test results and how these requests are managed in their practice. This view states that doctors should then be responsible for following up the results only when the patient goes for the ordered test; the results are received by the practice or department; and failures are within their control. further problem is that current computer systems for tracking test results may not suffice. A Acomputer system should be able to track individual tests for the results, including when several tests are ordered from one sample, or when the patient did not have the test. I tshould track tests based on a criterion such as a suspicion of cancer; and it should include a follow up function which alerts the doctor when either the patient does not attend a test (or delays attending) or when the results have not been received in a timely manner. naddition, even good systems can fail: an example of this occurred in three weeks during I August and September 200l when some general practitioners did not receive electronic results of Xray examinations. This anomaly was discovered only from a patient call to one such practice. Clinicians should not be blamed for system failures beyond their control. Practising doctors have signalled a number of other concerns about the principles outlined by the former Commissioner, and the cases on which the principles are based. They include: 1. Infantilisation of patients by doctors who assume a paternalistic relationship 2. Vicarious liability for employees actions 3. Theresponsibility of general practitioners who are employees, especially when the practice is owned and governed by other than general practitioners and the doctors have little control over the systems they are required to use 4. Thecost of developing systems to minimise error 5. Theterm suspicion of serious pathology is open to wide interpretation 6. Theongoing fragmentation of health providers and services poses challenges to the provision of continuous care
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7. There is some debate about when a referral for a specialist procedure should regarded as a request for clinical investigation. Forexample, should a referral for colonoscopy be included in that definition? 8. What are a general practitioners responsibilities when results are copied to them from an accident & medical clinic?
Conclusion
There is a gap between what frontline doctors think is practical and reasonable and what the previous Commissioner, as consumer advocate, believed is proper. T hedebate has so far largely involved general practice, but all clinical disciplines should consider their position. Nonetheless, despite these debates there are some common principles which most parties can agree on and which you should consider following to ensure patient health and safety. 1. Ifyou request a clinical investigation, you should tell your patient why the clinical investigation is recommended and when and how they will learn the results. 2. Allthe relevant parties should understand their responsibilities clearly. 3. Ifyou are responsible for conducting a clinical investigation you are also responsible for ensuring that the results are appropriately communicated to those in charge of conducting follow up and keeping the patient informed. 4. Ifyou are responsible for informing the patient, you should : Inform the patient of the system for learning test and procedure results, and arranging follow up. Ensure that staff and colleagues are aware of this system. Inform patients if your standard practice is not to notify normal results and obtain their consent to not notifying. I fother arrangements have not been made, inform the patient when results are received. This is especially important if the results raise a clinical concern and need follow up. 5. Identifying and following up overdue results is an essential, but difficult, office management task. Your system should ensure that test results are tracked successfully. Such a system might be a paper file or computer database that identifies: high risk patients critical clinical investigations ordered dates of reports expected date of expected or booked follow up patient visits. 6. Thepatients medical chart itself might be flagged in some way to aid this tracking process.
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7. Itcan sometimes be difficult to contact a patient by telephone, and sometimes they do not attend planned follow up appointments.: T henumber and intensity of efforts to reach the patient by telephone should be proportional to the severity and urgency of the medical problem. Allattempts to contact the patient should be documented. I fthe patient fails to attend an appointment, or you have been unable to speak to them directly about test results which raise a clinical concern, then send a letter to the patient advising them of the action they should take. 8. Ifyou order investigations it is your responsibility to review, interpret and act on the results. Ifyou go off duty before the results are known, you should alert the incoming doctor that there are results outstanding. Further, you should check the results when you are next on duty.
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CHAPTER 15 Medicine and the Internet

Stewart Jessamine is the Group Manager at Medsafe, the agency responsible for monitoring the safety quality and efficacy of medicines in NewZealand. anStGeorge is a Wellington general practitioner and National Medical Director of Medibank I Health Solutions NZ Ltd. Cite this as Jessamine S, S tGeorge IM 2013. Medicine and the internet. Chapter 15 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
NZs health information technology (IT) plan Emailing patients Prescribing for NewZealand based patients Video consultations Practising virtual medicine Information from the Internet Continuing professional development Integration of the internet into day to day practice
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NZs health information technology (IT) plan

NewZealand is still in the process of developing its IT infrastructure and further information on the proposed national IT plan. Significant changes to national and local systems, including patient management systems, are likely to occur over the next four years. I nthe past 1224 months initiatives that prepare the ground for improved information and data sharing, such as the NewZealand Universal List of Medicines (NZULM) and the NewZealand Formulary have been released and are being built into patient management systems. Initiatives such as GP2GP records transfer, and the trials of systems of eMedications Management in several District Health Boards are further indicators of the direction of travel for health IT in NewZealand and the distance still to travel. These initiatives are all happening in the health intranet, where there are existing facilities for streamlined sending and receiving patient data like referrals to specialists, test results, National Health Index (NHI) number, referrals from Healthline and making claims from funding agencies. Privacy, confidentiality, data security and verification of the identity of users of the system have been resolved in the NewZealand health intranet and as described above, advances are being made to increase the number of services being delivered electronically. Outside of the health intranet the internet is essentially an unsecured network and unless you take adequate precautions, the data on your computers, and computer terminals themselves, can be captured (hacked) and read by persons outside of your medical practice. Before you embark on any process that involves you, or your practice, sending or receiving information about patients over the internet, especially if you intend to operate outside of the health intranet, you should consider whether the system you are using is secure and able to maintain patient confidentiality and privacy. The website of the Privacy Commissioner (http://www.privacy.org.nz) sets out the requirements for data security. Youshould seek professional advice if you are not sure about the security of your system or network.
Emailing patients
The use of email as a means of communicating with patients significantly increases the problems of confidentiality, privacy, and data security. Howdo you determine that the person asking the question is actually the patient named on the email and not some other member of the household who has access to the family computer? What can you do to be assured that any results sent by email will be read by the patient only? and is this information so sensitive it is inappropriate to send it by email? Some subjects and test results are more confidential and sensitive than others, so before deciding to use email routinely as a communication tool with patients, it is worth identifying in advance what data you are comfortable sending to patients and what data or subjects you would only discuss with a patient as part of a consultation. Youcan then discuss your internet information release policy with your patient before seeking their consent to send data to them by email. Youcan also use this opportunity to discuss with them your schedule of charges for responding to questions or requests for comment via email.
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swith all other forms of communication with patients, email communication must comply A with the Code of the Health and Disability Services Consumers Rights.
Prescribing for NewZealand based patients

If you are asked to prescribe by email for one of your own patients, a telephone script to a pharmacy followed by faxing, and sending a written prescription to that pharmacy is required. tis illegal for a patient to be in possession of a prescription medicine other than that I obtained by filling a prescription written by a registered doctor. Prescription medicines purchased over the internet are therefore likely to be stopped at the border and the patient asked for proof that they have a prescription. f you are asked to write a prescription to allow your patient to obtain a medicine they have bought over the internet, you should consider a number of ethical and practical questions. Most medicines purchased on the internet are counterfeit products. Areyou prepared to facilitate patient access to such medicines? is the medicine available in NewZealand? does the patient actually need the medicine? are you satisfied that the medicine being imported meets the necessary standards of safety, quality and efficacy of locally available medicines, or in fact even that the product actually contains the stated active ingredient? there are legal liabilities if harm is caused by the use of medicine purchased on the internet.1, 2
Video consultations
Video consulting is now quite widely practised. I tcan be two way (doctor and patient), or three way (general practitioner, other specialist and patient). Australian and Canadian papers cover the latter;3, 4, 5 there are few commentaries on the former, but the issues are somewhat similar. headvantages seem obvious: for the patient less travel, better access to health services, T improved timeliness of care, less need to take time off work, less need to make family or day care arrangements, less time away from home and all of these perhaps greater in rural communities. Forthe specialist, the possibility of providing specialist services in rural communities, more frequent clinics, less travel to rural clinics, provision of a new method of communication with rural medical staff and the opportunity to upskill them in different specialties. There are advantages for the health system too. Video consulting helps to enable fair and equitable access to care and that may apply particularly to rural, Mori and Pacific patients. Itmay actually improve the quality of care. Because it is efficient it may support the sustainability of the NewZealand health care system, reduce the cost of care and make better use of the contemporary specialist workforce.
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There are, of course, ethical issues, though perhaps strangely teleconsulting is not mentioned in the NZMA Code (Chapter 22). Standards are covered in the Royal Australian College of General Practitioners papers referred to above. T heMedical Council statement dated 2006 (Statement on use of the internet and electronic communication) has recently been updated but is being challenged in the courts. eare thus left to seek our own balance between profit and professionalism, between W altruism and entrepreneurialism, and must, as always, consider what we are doing in terms of beneficence, nonmaleficence, autonomy and distributive justice. Consider this... 1. Lowering barriers to care is good for the patient and good for the doctor. 2. Inabout a third of general practice consultations no physical examination is necessary. 3. NewZealanders are highly computer literate, and that includes older people. 4. Nearly all laptops have a camera. Current advice is that doctors should only prescribe for patients under their care, when they have previously seen or examined the patient and the doctor is confident that a physical examination would not add critical information about the management of the patient. Skype is not secure, but good secure systems are now available to connect patient and doctor in video consultation (eg, Anywhere, Anytime). W ecan look forward to a kind of practice where, for (say) an hour or two a day, patients have the choice to consult online by secure video, from the comfort and privacy of our home computer rooms or workplaces, both of us tapping into the clinical record. oeWhite makes an online follow up hypertension appointment, and tells the doctor his home J recordings. Helooks healthy and happy. Routine enquiry elicits no problems. I tis time to recheck his bloods so the doctor sends him a form electronically, as well as his prescription and instructions that next time will be his annual face to face check. Brian Pink comes online and tells the doctor he has a mole that has changed colour, and moves so that the lesion on his shoulder is in front of the camera: the doctor is not reassured by its appearance (actually she rarely is, and certainly never online), and asks him to come in for a closer look; the treatment room will be ready for possible excision biopsy. Jack Black manoeuvres his red hot swollen 1st MTPJ in front of his laptop camera; it is his 3rd attack of gout in 5 years, triggered by a dietary indiscretion on a familial hyperuricemia; the doctor introduces the idea of allopurinol and they discuss the pros and cons, but he opts for the short sharp course of naproxen that has promptly settled it in the past, understanding it may not be his last. None of these has phoned for an appointment, taken a taxi to the surgery, or two hours off work, or negotiated their way past a protective receptionist, or sat inadvertently in a small puddle of vomit or picked up influenza in the waiting room. There is nothing second rate or unsafe about the care they receive. I tis also cheap green care: the doctor does not need a high rent well equipped consulting room for these meetings, so the room at the practice is, for the time, free for another doctor to do face to face work.
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Practising virtual medicine

The emergence of virtual medicine doctors is a different matter altogether and is of highest concern. Virtual medicine describes the situation where the consultation, including the writing and dispensing of a medicine, is conducted often without the knowledge of the patients regular doctor. These services are being supplied by a number of doctors around the world and the quality of the advice offered and the professional standards applied vary enormously. Virtual medical practice creates a number of new problems in addition to those identified above for prescribing confirming the identity of the patient requesting advice, the accuracy of the data presented in any case history, the need for a physical examination, and assessing the validity of the request for the medication all need to be resolved. There are in addition significant ethical questions about patient safety, professional responsibility and duty of care, and the legality of prescribing for patients in another country (where the prescribing doctor is not registered to practise medicine). heMedical Council has developed a Statement on the use of the Internet. This statement T clearly says that under the Medicines Act it is illegal for doctors to prescribe medicines for patients unless the patient has had a face to face consultation with the doctor, or another doctor who can verify physical data and patient identity. Internationally medical licensing authorities such as the Medical Council and the Federation of State Medical Boards of America, and regulatory authorities such as Medsafe, have indicated that they are prepared to prosecute doctors involved in virtual medical practice. Medsafe has already successfully prosecuted a pharmacy that was supplying prescription medicines to consumers in the United States, and has investigated several cases where doctors are signing, or countersigning, prescriptions for patients overseas to allow medicines to be dispensed from NewZealand pharmacies. This activity is contrary to best medical and pharmacy practice. T heMedical Councils Statement on use of the Internet, and the recent decision by the Pharmacy Council to add a new clause to its code of ethics to prohibit pharmacists from selling medicines intended for the treatment of chronic diseases to patients outside of NewZealand, are examples of how the professions are no longer prepared to tolerate these activities. Practitioners of virtual medicine are subject to prosecution and disciplinary action in NewZealand for all activities they undertake in their virtual medical practice irrespective of the country of residence of their patients. However, it is now reasonably clear that virtual medicine doctors are also likely to be liable for prosecution and action against them in the Courts in the patients country of residence. Before embarking on any scheme to prescribe over the internet you should take legal advice on your potential liabilities in both NewZealand law and in the law of the countries where your patients reside. Y oushould also check that the terms of your medical practice (malpractice) insurance would cover you for care of patients in other countries.
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While authorities have taken a conservative position on NewZealand based doctors undertaking virtual medicine activities for patients located overseas, the Medical Council in January 2010 introduced a teleradiology special purpose scope of practice designed to allow suitably qualified radiologists located overseas to provide services to NewZealand based health providers.6 This newly introduced scope of practice limits access to radiologists whose qualifications and registration are recognised by the Council and who are employed by a fully credentialled health care provider in NewZealand. Oversight of the teleradiology practitioner by the clinical director of the employing organisation is a prerequisite for inclusion in this scope of practice; as is the creation of a complaints resolution process in the providers organisation that will report complaints to the relevant authorities in both countries and will allow these authorities to investigate a complaint. Thecontrols placed around this scheme which is designed to allow NewZealand health care providers to gain access to diagnostic radiology skills located overseas give an indication of the range of protective and oversight systems that need to be in place to protect the safety of patients in NewZealand. Itis an act of hubris if NewZealand based doctors involved in practising virtual medicine in other scopes of practice think that patients in other locations do not deserve the same degree of protection.
Information from the Internet

Information technology has provided the general public with the tools needed to find, collect, and analyse medical information. T heinternet has decreased the asymmetry of information that existed between doctors and patients and forever changed the nature of the relationship between the two parties by allowing the ideal of informed discussion and consent to emerge for the first time. swith all revolutions increased availability of medical information challenges the status A quo and creates a number of threats and opportunities for doctors. Doctors cannot know everything. Anessential skill is therefore the ability to access good information efficiently. Theinternet contains a vast number of useful medical information resources; unfortunately they are hidden amongst a sea of opinion, conjecture and misinformation. Many sites are not peer reviewed and are not subject to the publishing and review rules that we expect of evidence based medical information. Todetermine the value of information you find on the internet, you therefore have to check each article you review for the basics of quality evidence based medicine, namely: Who authored the article? What are their qualifications? Have they disclosed any potential conflicts of interest? I sthe article appropriately referenced and are these references from acceptable peer reviewed sources? Where is the article published? Isthe journal subject to adequate peer review? Does the website disclose any potential conflicts of interest, such as who has paid for the site to be maintained?
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heHealth on the Net Foundation (HON) has developed a Code of Conduct and has T developed databases of health information resources that have been assessed as meeting the requirements of their Code. Doctors intending to publish information on the internet should follow the HON Code of conduct when writing and publishing. swith any form of medical literature review, when searching the internet it is best to stick A to mainstream, peer reviewed, evidenced based information resources. T heavailability of electronic copies of a number of the mainstream medical journals makes internet literature review easier, and abstracts of some of the lead articles in these journals can be obtained free of charge from their websites. Another key information resource is Pubmed; this database contains all articles and letters published in over two hundred peer reviewed medical journals from around the world. Abstract data can be obtained free from Pubmed, and you can purchase copies of complete articles from the website; alternatively you can use Pubmed to identify the key references and then search them out at your local medical school library. heMinistry of Health, PHARMAC, Medsafe (the NewZealand Medicines and Medical T Devices Safety Authority) and the Health and Disability Services Commissioner all maintain websites that contain information relevant to medical decision making. F orexample, the Medsafe website contains the latest medicines safety and prescribing information for over a thousand of the most commonly used medicines in this country, as well as an electronic version of its publication Prescriber Update and information for consumers. T heMinistry of Health and PHARMAC have also funded the supply of a series of decision support and reporting tools for integration into general practice management systems.
Continuing professional development

Just as the internet has changed the asymmetry of information between doctor and patient, it has also created the means to address the asymmetry between generalist and specialist medical practitioners. Itis now relatively easy for any doctor to identify and contact specialists anywhere in the world with an interest in a particular medical condition. Despite the reservations many practitioners have about the role of information technology in medical practice, the internet has become an important source of continuing professional development (CPD) in NewZealand. Resources to obtain CPD points can be found at a number of local sites including the Goodfellow Unit and the Royal NewZealand College of General Practitioners.
Integration of the internet into day to day practice

Creating a website for your practice to inform your patients of your opening and closing times, after hours arrangements, charges and privacy and email policy, is a start to establishing a healthy partnership. Constructing your website to encourage your patients to use it to obtain information from good evidence based health resources should improve the quality of your interaction with patients.
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References
1. Federation of State Medical Boards of the United States, Inc. 2000. Report of the Special Committee on Professional Conduct and Ethics: statement of position on internet/ telephonic prescribing, Washington. www.fsmb.org/Policy%20Documents%20and%20 White%20Papers/internet_use_guidelines.htm. 2. Counterfeit medicines dont fake concern 2005. Prescriber Update. Vol26 No 1; June p1517. 3. RACGP 2011. Telehealth standards for general practices on the use of video consultation. Background paper. July. 4. RACGP 2011. Standards for general practices offering video consultations. October. 5. Canada Health Infoway 2011. Telehealth benefits and adoption. Connecting people and providers across Canada. M ay 6. http://www.mcnz.org.nz/get-registered/registration-policy/special-purpose-scope-policy/
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CHAPTER 16 Interdisciplinary collaboration: working in teams for patient care

Eileen McKinlay is a registered nurse and Senior Lecturer in the Department of Primary Health Care and General Practice, University of Otago, Wellington. Ben Gray is a general practitioner and Senior Lecturer in the Department of Primary Health Care and General Practice, University of Otago, Wellington. Sue Pullon is a general practitioner, Associate Professor, and Head of Department in the Department of Primary Health Care and General Practice, University of Otago, Wellington. Cite this as McKinlay E, Gray B, Pullon S 2013. Interdisciplinary collaboration: working in teams for patient care. Chapter 16 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Collaboration: always needed? What is collaboration? Roles and skills The patient as a member of the care team Benefits of collaboration Barriers to collaboration Interdisciplinary collaboration in primary care Shared care Conclusion
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NewZealand health care relies on the skills of many health and other professionals. Forthose with chronic or complex needs, collaboration between a range of disciplines is needed. Doctors have a key role in enabling a collaborative approach, with growing agreement that the pitcrew1 interdisciplinary model of care results in safer, higher quality care for patients, providers and systems rather than a unidisciplinary solo operator model.2
Collaboration: always needed?

While necessary for patients who have chronic or complex conditions, interdisciplinary fully collaborative care is not always appropriate, needed or cost effective: for example the diagnosis and treatment of a sore throat in an otherwise well person is generally and appropriately undertaken by one health professional. Thespectrum of collaboration (see Figure 2) best explains this continuum. Figure 2. Thespectrum of collaboration3
What is collaboration?
Collaborative interdisciplinary care is enshrined in the Health and Disability Code of Consumers Rights in Right 4: Right to Services of an Appropriate Standard, which requires in point 5 that: Every consumer has the right to cooperation among providers to ensure quality and continuity of services.4 While the terms team work and collaboration are often used in the same breath they are not the same. Individuals of different disciplines may provide care to the same patient without considering they are part of a team. However, for teamwork to be effective there must be collaboration. eall recognise collaborative team work when its working well. W Theexperienced Emergency Department (ED) team undertaking resuscitation is a good example. T heteam train together and know and trust each other. Each person has a particular role and yet there is flexibility, with some skills (chest compressions, cannulation) able to be undertaken by a range of health professionals and others such as intubation which are discipline specific.
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Collaborative interdisciplinary teams explicitly commit to cooperate in order to meet shared goals. Members allow their activity to be directed through shared decision making or by the team leader.5 These sorts of teams are characterised by a greater interdependence, jointly defined goals and client centred plans, as giving recognition and value to the expertise and perspectives of other disciplines. Like the ED team, all are reliant on the skills of others to achieve the necessary goals of treatment or care. The specialist skills of each discipline are well utilised and common values and skills affirmed for all. Communication equity means all disciplines are able to contribute to care and speak up with safety concerns. Different disciplines take the lead or share leadership in a distributed model which acknowledges no one leader can provide all the leadership in any complex situation.6 A bonus of this model is that the burden of caring is shared between all disciplines and burnout reduced. ncontrast, in some so called multidisciplinary teams (MDTs), clinicians from different I disciplines are each involved in the patients care but report back on referrals solely to the senior doctor leader, who then unilaterally directs patient care. Thelimitation of this model is not that the senior doctor is the team leader per se, (they may indeed be the best person to lead the team at a particular time) but that there is little or no opportunity for shared wisdom or shared decision making. This might be appropriate in some settings (perhaps in the consultation/referral stage in the Spectrum of Collaboration) but has significant limitations wherever ongoing complex care is needed. N otonly does it inadvertently restrict possible alternative quality options for patients but it also tends to easily disempower junior staff, making it hard for them to contribute to care or speak up, even about issues of basic safety.
Roles and skills

Knowing what your own role is in a team (e.g. leader, or the person responsible for a particular task), is just as important as knowing what others roles are. Roles may be defined by the specific skill sets you possess but where skills are held in common (communication or clinical skills), roles need to be negotiated.7 It is only by discussing and practising how the different team members each contribute to patient care that role clarification is achieved. Roleclarification is one of the most important requirements of a well functioning team. Onceit is achieved, the team is well placed to swing into action in any given situation, often with just a few well chosen words, as each member anticipates and trusts in each others respective roles.8
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The patient as a member of the care team

There are many benefits of involving patients in the care team. Involvement increases patient motivation to change behaviour, enhances concordance with health care advice and leads to greater adoption of self management skills. Patients are empowered by becoming more knowledgeable about their conditions and are more able to participate in decisions about treatment.9 Wherever possible patients also need to be able to both establish and revisit their role in the team; some may choose at some times to be passive receivers of proffered treatment, but at other times to reject or substantially alter management recommendations. That is not to say that patients either need or should be expected to take sole responsibility for all care decisions. Patients and families are entitled to hear clearly expressed, thoughtfully considered recommendations for care from health professionals, particularly in complex situations where there is no one right answer.
Benefits of collaboration
The Health Quality & Safety Commission has found that interdisciplinary collaboration reduces medical error as well functioning teams make fewer mistakes than individuals.10 More timely referrals occur with better use of disciplinary skill sets and holistic care provision and patients are less likely to fall between services. Taken together patients have higher levels of satisfaction and are more likely to have better access to health care and improved self management skills. Staff also enjoy higher levels of work satisfaction and cost savings are likely to occur. This approach benefits not only our patients, but health professionals and health organisations. ealso know that collaborative teams do not happen by chance. I W nNewZealand a number of factors have been shown to contribute to successful interdisciplinary teams including: skilful leadership in each discipline, readiness for an interdisciplinary culture, commitment to change, interdisciplinary respect and opportunity for trust to develop between individuals and across the team. Organisational structures have supported institutional change11 as well as alterations to existing health professionals values, socialisation patterns and workplace structures.12 Interdisciplinary competencies can be taught at undergraduate level and this is happening in NewZealand.13 Similarly experienced doctors and other health professionals can achieve these competencies through intentionally learning about roles and skills of others and engaging in interdisciplinary programmes of study. Doctors have had a key role in supporting this change by fostering professional respect for and trust in other disciplines and leading a willingness to use different forms of clinical decision making.
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Barriers to collaboration
Even though the evidence points to the benefits of collaborative approaches in health care delivery for chronic and complex patients, the application of these models is variable and far from being universally adopted. Meeting in teams can be time and resource intensive with organisational and funding support being necessary. Professional regulation and legislation are also given as reasons to limit collaboration. Entrenched attitudes about scopes of practice, professional turf and historical power structures can sabotage the essence of what good teamwork is. common concern when a team of disciplines is involved is the issue of who is ultimately A responsible for the patients care. Inthe past doctors have assumed varying degrees of responsibility for the practice of other clinicians involved in patient care. Theregulatory framework is now clear that each professional is responsible for their work in their scope ofpractice. Student health professionals (including medical students) hold a limited responsibility for patient care, as they are working under the direct supervision of a more experienced colleague. Once junior staff are registered, they must work in a scope of practice commensurate with their qualification and level of experience, reporting to more senior colleagues, but still responsible for their own practice in their expected scope. Adequate communication and collaboration with all health professional colleagues is also expected and essential practice. TheHealth and Disability Commissioner reports more frequently on a breakdown of collaboration between professionals than on the responsibility of the individual clinicians being deficient. Nevertheless, there is still a need to ensure that good communication and good team processes are followed by everyone in the team; part of the leadership role. Teams need good leaders and teams need good members. Knowing when it is appropriate to take the leader role and when it is time to be a supporting member of a team is a key skill in being a good team player. Forexample, in the ED resuscitation situation, a resuscitation nurse specialist may take the lead to ensure good communication and that all essential tasks are undertaken, while the more junior nurse does chest compressions and the ED physician concentrates on intubating the patient.
Interdisciplinary collaboration in primary care

In NZ we know that great gains can be made in reducing inequalities in health care if health disciplines as well as other professionals work collaboratively in primary care services. Collaborative service delivery models can enable best use of other disciplines skill sets in a time when general practitioners are dealing with increasingly complex patients in the community. This means patients may not access general practitioners for all health presentations but can receive excellent and appropriate care from nurses, community pharmacists or other health professionals working in primary care services. The care of someone with diabetes requires a team approach which includes the patient and family. Likely others in the team are: community dietician, community pharmacist, diabetes educator, practice nurse, general practitioner and endocrinologist, as well as other professionals such as exercise or sports instructors and self management trainers.
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Some factors may need to be changed when developing new collaborative teams or enhancing existing teams. Limited geographical colocation of services, mixed capitation/fee for service funding and the owner operated business model of many NZ general practices can make collaboration more difficult. Thought needs to be given to increase opportunities to meet together, develop processes for equal access to funding and ensure equality in decision making.14
Shared care
The management of people with long term conditions is often shared between primary and secondary services and is an area where more attention to effective team work can reap dividends. This means sharing responsibilities for maintaining and improving health and includes making and carrying out a collaborative plan to do so. Care can be shared by two or more agencies and the individuals in those agencies.15 A well described NewZealand example of effective shared care comes from South Auckland with chronic obstructive pulmonary disease patients who had frequent winter time hospital admissions. Aconcerted collaborative effort between primary and secondary care health professionals was developed and for the intervention group this significantly decreased inpatient bed days.16 An approach which is being increasingly adopted is the use of a care plan developed in primary care by the general practitioner and practice nurse, oriented around the needs and goals of the patient and available electronically across sectors and agencies. I ncollaboration with the patient, the care plan can be accessed and edited by the hospital specialists, specialist nurses, physiotherapist, community pharmacist and others. There is facility for electronic messaging and tasking between all the professionals involved to facilitate necessary changes in care. Patients can also access summary information (including medications and goals of care) through an electronic portal.
Conclusion
In NewZealand, doctors are increasingly working in collaborative interdisciplinary teams, particularly in the management of patients with chronic and complex conditions, and have an important role in supporting the further development of these models. Increasingly we are seeing models of shared care between disciplines, across health sectors and including a range of professional groups. There is a particular need to see further development of these models of care in primary care settings. I nteams, role clarification is being recognised as necessary together with the building of professional trust in other disciplines specialist skills. Current regulatory processes enable shared decision making and shared leadership however institutional policies and funding mechanisms may not and these need to be worked on. Champions are also needed to support collaborative processes wherever these are appropriate for best patient care, regardless of tradition or discipline.
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References
1. Gawande A 2012. H owdo we heal medicine? T edTalks. http://www.ted.com/talks/atul_ gawande_how_do_we_heal_medicine.html retrieved 22 August 2012. 2. Paterson R 2010. Lessons from complaints: implications for medical education. NZ Med J; 123: 611. 3. Oandasan I, Baker G, Barker K, et al 2006. Teamwork in health care: promoting effective teamwork in health care in Canada. Ottawa, Ontario: Canadian Health Services Research Foundation. 4. Health and Disability Commissioner 1996. T heHDC Code of Health and Disability Services Consumers Rights. Wellington. 5. Solheim K, McElmurry BJ, K imMJ 2007. Multidisciplinary teamwork in US primary health care. Social Science & Medicine; 65: 62234. 6. Drinka T, Clark P 2000. Health care teamwork: Interdisciplinary practice and teaching. Westport, Connecticut: Auburn House. 7. Hall P, Weaver L 2001. Interdisciplinary education and teamwork: a long and winding road. Medical Education; 35: 86775. 8. V ytA 2008. Interprofessional and transdisciplinary teamwork in health care. Diabetes Metabolism Research and Reviews; 24: S106 S9. 9. Coulter A, Ellins J 2007. Effectiveness of strategies for informing, educating, and involving patients. British Medical Journal; 335: 247. 10. Health Quality & Safety Commission NewZealand 2012. Describing the quality of NewZealands health and disability services. Developing our health quality and safety indicators. Wellington. 11. Thornhill J, Dault M, Clements D 2008. Ready, set... collaborate? T heevidence says go, so whats slowing adoption of interprofessional collaboration in primary health care? Health care Quarterly (Toronto, Ont); 11: 14. 12. Orchard C, Curran V, Kabene S 2009. Creating a culture for interdisciplinary collaborative professional practice. Medical Education Online; 10: http://www.med-ed-online.org retrieved 22 August 2012. 13. Interprofessional teamwork: rural interprofessional placements, http://www.awhinahealthcampus.co.nz/AboutUs/Interprofessionalteamwork.aspx retrieved 22 August 2012. 14. Pullon S, McKinlay E, DewK 2009. Primary health care in NewZealand: the impact of organisational factors on teamwork. T heBritish Journal of General Practice; 59: 1917. 15. healthAlliance, CareConnect 2012. Shared Care for Mental Health & Addictions Services, Northern Region. Auckland. 16. ReaH, McAuley S, Stewart A, Lamont C, Roseman P, Didsbury P 2004. Achronic disease management programme can reduce days in hospital for patients with chronic obstructive pulmonary disease. Internal Medicine Journal; 34: 60814.
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CHAPTER 17 Doctors in other roles

Kevin Morris is the managing director of a health consulting company and medical adviser to the Medical Council. Cite this as Morris K 2013. Doctors in other roles. Chapter 17 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Doctors as leaders and managers Notifying poor performance Disagreement about clinical decisions Providing opinions about patients or other doctors Working in a resource constrained environment11 Doctors in advisory roles Expert witness
151 151 152 152 153 153 154
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In the course of a medical career a doctor may become involved in roles other than that of being a clinician. Most of the roles will fall under the jurisdiction of the Medical Council. heCouncil definition of the practice of medicine is broad. T T heCouncil defines the practice of medicine as: advertising, holding out to the public, or representing in any manner that a person is authorised to practise medicine in NewZealand, the signing of any medical certificate, the prescribing of medicines and the assessing, diagnosing, treating, reporting or giving advice in a medical capacity.1 A doctor is engaged in clinical practice if they assess, diagnose, give advice, treat or make reports, whether face to face of otherwise, with a patient, or with a group of patients or a population. Adoctor is practising nonclinical medicine if he or she is not engaged in clinical practice.2 The clinical role is well understood and the parameters of the role established through the apprenticeship that doctors have served in their training years. T hecall to Consider the health and wellbeing of the patient to be your first priority is well known as the first point in the NewZealand Medical Association code of ethics. However when working in other roles, the last two points in the code of ethics are relevant: Accept a responsibility for assisting in the allocation of limited resources to maximise medical benefit across the community and Accept a responsibility for advocating for adequate resourcing of medical services.3 The need to accept responsibility across the community and to look to resourcing means that the health and well being of the patient must be looked at in the wider context of the health and well being of the population as a whole. This wider context was recognised when the NZMA, in 2011, developed with input from a wide range of doctors a consensus statement on the Role of the Doctor in NewZealand.4 This statement recognised doctors as scientists, health professionals, leaders, health advocates and teachers and learners. I talso noted: Doctors have diverse roles, in and outside of the health sector, in the promotion and maintenance of both individual and population health Doctors accept their ethical responsibilities to act in the best interests of their patients, and the population as a whole, and undertake this in a caring, compassionate, competent, and trustworthy manner Doctors work in partnership with patients in the delivery of their health care and serve as advisors and interpreters in the pursuit of optimal health outcomes using evidence based medicine and in accordance with available resources Doctors work effectively as leaders. Asmembers of health care teams, doctors recognise and respect skills and attributes of other practitioners.
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heCanMEDS initiative that began in the 1990s by the Royal College of Physicians and T Surgeons of Canada developed the CanMEDS roles framework that recognises seven roles for doctors5: Medical expert Communicator Advocate Scholar Professional Collaborator Manager
Doctors as leaders and managers

Doctors are increasingly involved in both leadership and management roles. hepurpose of clinical leadership is to bring about movement and constructive change, while T the role of medical management is to provide stability, consistency, order and efficiency.6 Starting from isolated pockets of excellence and innovation, clinical leadership still has a long road to travel. Butit is an essential road for both clinicians and their patients.7 It is the clinical skills and knowledge inherent in medical training that separate clinical leaders from health service executives. I nmaking day to day management decisions the clinical leader is applying their medical knowledge to assess the impact, risk and clinical outcome of decisions. I tis the role of the medical leader to apply clinical medicine to the development of policy, strategy, service design, behaviour change and effective clinical processes. T heclinical leader is uniquely responsible for ensuring patient safety and monitoring both service and individual outcomes. obe an effective clinical leader requires a different set of skills from those required to be T a good clinician. Clinician leaders need to be able to develop a cohesive team, work across disciplines, and work in an organisational culture and communicate the impact of change to executives and senior managers. Theclinician leader bridges the cultural divide between clinicians and managers.
Notifying poor performance

In effectively fulfilling their clinical governance role, the clinical leader often becomes aware of performance issues amongst their colleagues. Clinical leaders may become aware of poor practice when undertaking their audit or advisory role. This poor practice may relate to doctors working in the organisation or who are providing a service to patients of the organisation.
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heenquiry into clinical issues at the Bristol Royal Infirmary highlighted that the clinical T leader has a responsibility to identify and report failing performance, even when that clinical leader is not in active clinical practice.8 A doctor has a mandatory requirement to report to theRegistrar of the Medical Council another doctor whom they believe is not fit to practise medicine because of some mental or physical condition (see chapter 18).9 As an employee the clinical leader has a duty to work in their organisational governance structures. Every clinical leader should clarify their organisations expectations and processes around their reporting of fellow employees and other colleagues performance to the Medical Council.
Disagreement about clinical decisions

When a clinical leader becomes concerned about a decision that an organisation has made and believes that it will compromise patient outcomes, lead to serious harm or constitutes serious wrongdoing, they must follow the procedures outlined in the Protected Disclosures Act 2000. Where the doctor follows these procedures they have the right of complete confidentiality. Serious wrongdoings may include inappropriate use of public funds, gross negligence or mismanagement by a public official, and acts or omissions that constitute serious risk to public safety or constitute an offence. heclinical leader must put their concerns in writing and ensure they are addressed to the T appropriate person. Where their concerns are not adequately addressed they may raise the issue with the Director General of Health, the Health and Disability Commissioner, or the Medical Council. I tis strongly advised that they seek legal advice before raising the issue with an external party or the media.
Providing opinions about patients or other doctors

A clinical leader may be asked to provide an opinion on the adequacy or appropriateness of another doctors report. This opinion is usually based solely on information recorded in the patients file. Thenontreating doctor must ensure they have access to all the necessary information and that they can provide an opinion based on the information to hand.10 Where additional information or a clinical examination is required, the nontreating doctor should either refrain from providing an opinion or note the need for further information in their report.
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Working in a resource constrained environment11

The NewZealand government allocates a defined amount of money for the provision of health services each year. hedistribution of this money has to balance the needs of the population with the needs of T the individual patient. This can be a particularly vexing dilemma for the clinical leader who is asked to provide advice on the marginal benefit of two competing priorities. Clinical leaders will also be asked to provide advice on whether certain expensive procedures are medically necessary or appropriate. Such decisions are both funding decisions and medical decisions. nall roles, doctors should use evidence from research and audit to inform their decisions I and advice on the best use of the resources that are available in their organisation. Doctors have a responsibility to ensure that the process of assigning priority is appropriate and that patients referred to a service with limited resources are adequately assessed and consistently receive treatment in accordance with the clinical priority criteria. Prioritisation systems should be fair, systematic, consistent, evidence based and transparent. fa patient is discharged or transferred early to allow a sicker patient to take the bed, the I clinical leader has a responsibility to ensure that appropriate arrangements are in place to optimise the discharged patients recovery. Where a patient is unable to access the preferred treatment due to funding constraints, they should be informed what the preferred treatment involves and what the available options are. This discussion should be documented.
Doctors in advisory roles

Doctors are often engaged to serve on advisory committees to government agencies, DHBs or nongovernment organisations. When invited to serve on a committee, the doctor should determine if they are invited as an individual with a desired set of clinical skills or as the representative of an organisation or industry body. Where they are engaged as a representative they should ensure they have a mandate from the nominating body before proferring an opinion or providing endorsement to a planned strategy or process. tis good practice to distribute an agenda and briefing papers well in advance of a meeting I to allow representatives to seek advice from the nominating body on issues that are to be discussed. Failure to do so compromises the value of the meeting. Where inadequate time has been allowed for consultation or consideration of an issue, the doctor may need to withhold their advice. Insuch cases it is helpful to indicate when advice will be forthcoming. Cabinet Guidelines set out a framework for government agencies engaging expert advisors.12 Amongst other things they currently preclude the payment of locum fees to a doctor who is required to be absent from their practice.
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Expert witness
The High Court publishes a set of rules to guide expert witnesses.13 These provide a sound basis for any doctor who is providing an expert opinion, be it to a court, insurance company or medical review panel. These rules note that the expert witness has an overriding duty to impartially assist the court on relevant matters within the experts area of expertise. T heexpert witness must not act as an advocate for the party who engaged them. When giving evidence as an expert witness, the doctor should: clearly state their qualifications as an expert and indicate how the evidence they provide lies within their area of expertise provide the facts and assumptions on which their opinions are based. This should include any literature or other material they have used in forming their opinions. They should also describe any examinations, tests, or other investigations which helped them reach their conclusions. When these were undertaken by a third party, they should provide the qualifications of the person who carried out the tests or examinations give the reasoning behind their opinions. heexpert witness must also clearly indicate any provisos that would make their evidence T incomplete or inaccurate. They also need to make it clear if they have been unable to reach an opinion because of insufficient research or data or for any other reason. acknowledge the work of Dr David Rankin who wrote this chapter for the last edition. This chapter is I based on his work with updates drawn from recently published documents and materials.
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References
1. Medical Council of NewZealand Glossary www.mcnz.org.nz/news-and-publications/definitions/ 2. Ibid 3. NewZealand Medical Association 2004. Code of ethics for the medical profession. 4. Consensus Statement on the role of the doctor in NewZealand November 2011. www.nzma.org.nz/publications/role-of-the-doctor-consensus-statement 5. Royal College of Physicians and Surgeons of Canada. www.royalcollege.ca/portal/page/portal/rc/canmeds 6. Kotter JP 1990. Aforce for change: how leadership differs from management. London: Collier Macmillan. 7. Mountford J, Webb C 2009. When clinicians lead. McKinsey & Co. 8. Bristol Royal Infirmary Inquiry, July 2001. www.bristol-inquiry.org.uk/final_report 9. Medical Council of NewZealand 2001. Responsibilities of doctors in management and governance. 10. Medical Council of NewZealand 2003. Nontreating doctors performing medical assessments of patients for third parties. 11. Medical Council of NewZealand 2008. Statement on safe practice in an environment of resource limitation. 12. Fees framework for members appointed to bodies in which the Crown has an interest. www.ssc.govt.nz/sites/all/files/CO_(09)5[2].pdf 13. High Court Rules [Schedule 4] 2002. Code of conduct for expert witnesses.
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CHAPTER 18 Doctors health

Kate OConnor is a radiologist in Auckland, and was an elected member and deputy Chairperson of the Medical Council and was Chairperson of its Health Committee. Joanna MacDonald is a psychiatrist and senior lecturer at the Wellington School of Medicine: she was a member of the Councils Health Committee from 2002 to 2008, and its Chairperson for 6 years. Cite this as OConnor K, Macdonald J 2013. Doctors health. Chapter 18 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Being a patient Being a doctors doctor Maintaining good health Thelaw: fitness to practise TheCouncils Health Committee Howthe Health Committee deals with notifications Infection with transmissible major viral infections (TMVIs) Conclusion
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As doctors we are constantly exposed to stresses and hazards that can impair our relationships and ourselves: working long hours, fatigue, sleep deprivation, consumer demands, secondary traumatic stress,1 consequences of mistakes, debt, demands of external bodies (including the Council and colleges), fear of complaints and litigation, infectious diseases, radiation, noxious chemicals. I naddition we are vulnerable to the same physical and psychological disorders as the rest of the community. Theincidence of these disorders in doctors is comparable to that in the general population and in some cases considerably higher (eg, suicide, liver cirrhosis and accidents). T heBritish Medical Associations working group on the misuse of alcohol and other drugs reported in 1998 that, in a lifetime, about one in 15 doctors in the United Kingdom may suffer from some form of dependence on alcohol or other drugs.2
Being a patient
Doctors are often poor at seeking help and attending to their own health needs. Asurvey of the health practices of NewZealand general practitioners found that only 71 percent claimed to have their own family doctor and only 10.9 percent said that they visited their doctor for regular checkups. Ofwomen, 27.5 percent had not had recommended cervical screening.3 Some factors that make it difficult for a doctor to become a patient are: a sense of being indispensable fear of moving from a position of power in the medical system to a position of powerlessness fear of breaches of confidentiality or of being recognised in the waiting room fear of having a serious condition shame or embarrassment particularly with respect to substance abuse or sexual issues a misperception that we lack time to see to our own health needs reluctance to impose on a busy colleague a belief we should be able to heal ourselves our ready access to a wide range of medication financial pressures to maintain high levels of income shame at having let myself down, and also your family and the profession at large a fear of disciplinary action and deregistration. eoften fail our colleagues by not confronting them when it is clear they are sick and W impaired. Some of the reasons for this failure include: the there but for the grace of God go I syndrome lack of knowledge of the notification process and the consequences of notification fear of the reaction, especially if the doctor is in a position of power
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anxiety about increasing our already overburdened workload, especially in shortage specialties and small practices misplaced loyalty the he/she has always been a good bloke/woman phenomenon judgmental attitudes denial that there is a problem.
Being a doctors doctor

Being a doctor to a colleague can be challenging for a number of reasons. These include: fear of being seen as inadequate fear of offending a colleague role confusion hierarchy difficulties if you disagree with your doctor patients self diagnosis identifying with the doctor patient boundary issues difficulties saying no to a colleague issues of privacy and confidentiality difficulties challenging a colleague particularly with respect to lifestyle issues. rHilton Koppe who works in the area of doctors wellbeing, suggests a six step consultation D model when seeing a colleague as a patient. Theprinciples are those used in any consultation the key issue being to retain these principles and your usual professionalism in this unusual encounter. Connection as part of the process of agreeing to see a colleague, you should make a formal appointment in your rooms. Y oumay need to discuss whether the doctor is comfortable to wait in the waiting room or elsewhere and whether an appointment at a quieter time of day would be easier. Atthe first appointment issues of confidentiality, notes, payment and your expectations of each other (including how to address each other) should be clarified. Information gathering you will need to walk the tightrope of acknowledging your colleagues knowledge while taking a thorough, and if necessary challenging, history as you would with any patient. Itis important not to make assumptions, for example that the doctor would tell you of symptoms without your needing to ask specifically. Youwill need to clarify what he or she thinks is the diagnosis then take the history and examine the patient to establish the diagnosis for yourself, rather than accepting that diagnosis.
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Exploring thoughts and feelings at this stage you may need to reaffirm confidentiality and the difficulty of being a patient. Youwill need to explore the doctors fears and look for any other issues. Itis particularly important to be aware of the dangers of self disclosure and identification or collusion. Keep the focus on the doctor who is here as a patient and avoid discussing mutual patients or experiences. Education Again you will need to walk a tightrope between assuming your colleague has specific knowledge, and causing offence by imparting that knowledge. Itcan help to explain that hearing information about yourself is different from giving it to others, so you will explain it as you would to any patient. Acknowledge his or her fear if relevant, and admit the limits of your own knowledge. Aswith any patient it will be important to negotiate the choice of treatment. Safety net you should give clear instructions about follow up and after hours contact. Askwhether the doctor patient wishes to receive copies of test results and negotiate about minor procedures e.g. removal of sutures. Closure is just as important as starting the consultation. Check that everything has been dealt with and reinforce your commitment to them, and agree on how to book the next appointment.
Maintaining good health

Doctors are in the vanguard of illness prevention and health promotion and should lead by example. Sadly this is not often the case with respect to our own health and we often fall into unhealthy work patterns. This may begin during medical student years and then persist into vocational practice. Onestudy found the prevalence of depressive symptoms among medical students was 12.9 percent (significantly higher that the general population),4 and an earlier study showed that at that stage of their careers, medical students were reluctant to seek help if stressed or distressed.5 The practice of medicine can place huge physical and emotional demands on practitioners. I nrecent years this has been increased further by administrative and reporting pressures as well as by the exponential rise in knowledge and literature in all medical fields. Increasing pressures, coupled with the subtly induced ethos of doctors must always cope can be a very toxic mixture. Doctors should be informed about stress management and how to stay healthy despite these demands. Each doctor must find his or her own solutions but some simple guidelines are: establish good health habits early set aside time each day to maintain your own fitness and health, and to pursue other interests outside of medicine deal with your own reluctance to seek help and identify the barriers, both real and imaginary, which prevent help seeking behaviour have your own general practitioner someone who is comfortable treating doctors avoid corridor consultations about your own health if you are feeling stressed consider contacting support groups from your professional body, College or insurer
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you should not prescribe for yourself as you lose the benefit of objective care and insidious illness may ensue when you visit your general practitioner leave your medical mantle at the surgery door do not become isolated. Join professional bodies, a peer support group, and attend meetings regularly. Isolation is not always geographic and can occur even in the biggest cities plan holidays and recreation and make sure work does not intrude on them remind yourself often that you are responsible to your patients, not responsible for them. (Responsible to your patients to provide the best care you can for them, which may mean from time to time organising somebody else to care for them) when ill health strikes seek help early (as you would like your patients to) consider income protection so financial pressures are not a consideration in preventing you from taking sick leave if it is necessary consider planning for your retirement so you do not feel you have to keep working for financial reasons. hefuture is perhaps a little rosier with a greater emphasis on promoting health, wellness T and coping skills in the undergraduate programme, improvement in working conditions for those in training and a greater recognition and assistance for some groups with particular stresses: rural, isolated doctors; women doctors; the older doctor.
Thelaw: fitness to practise

The Council states, Adoctor is not fit to practise if, because of a mental or physical condition, he or she is not able to perform the functions required for the practice of medicine. These functions would include: the ability to make safe judgments the ability to demonstrate the level of skill and knowledge required for safe practice behaving appropriately not risking infecting patients with whom the doctor comes in contact not acting in ways that impact adversely on patient safety. Themost common disorders that impair doctors ability to practise are:
Psychiatric disorders
substance use, abuse and dependence (both alcohol and drugs) mood disorders bipolar disorder and severe depression dementias eating disorders anxiety disorders
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adjustment disorders, personal and professional stress and situational crises.
Medical disorders
head injury neurological diseases malignancy eyesight and hearing difficulties communicable diseases. heHealth Practitioners Competence Assurance Act 2003 (the Act) provides for notification T of any mental or physical condition affecting a doctors fitness to practise medicine. Part 3 section 45 sets out the steps that must be taken when there is reason to believe a doctor is unable to perform the functions required for the practice of medicine because of some mental or physical condition. There is a mandatory requirement for registered health practitioners, their employers, medical officers of health and persons in charge of a hospital or other organisation that provides health services to notify the Council Registrar promptly in writing. Persons in charge of health professional education programmes (eg, deans of medical schools) are similarly required to give written notice to the Registrar if students who are completing a course would be unable to perform such functions. People considering making a notification are entitled to seek medical advice to assist them in forming an opinion and must state whether such advice has been obtained when giving notice to the Registrar. These provisions extend across, and between, all registered health practitioners and theirprofessions. nyperson making a notification is protected from civil or disciplinary proceedings unless A the person acts in bad faith.
TheCouncils Health Committee

The Councils Health Committee is currently authorised by the Council to exercise the functions, duties, and powers contained in sections 4551 of Part 3 of the Act, except for those relating to registration. heHealth Committee is comprised of at least four members of the Council, including one T public member. TheCouncils health manager is responsible for the functioning of the Health Committee and keeps close liaison with the committee chairperson.
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Howthe Health Committee deals with notifications

When the Council Registrar receives notification of the possible impairment of a doctor or graduand, the notice is passed to the Health Committee, which considers the notification and its potential implications. Ifnecessary, and pending a full review, there is provision to suspend a doctors practising certificate temporarily, or alter a doctors scope of practice in ways it considers appropriate. However, this course of action is rarely required. Animportant aim of the Health Committee is to keep the doctor working. Usually the notice is discussed immediately by the chairperson of the Health Committee and the health manager, and then the health manager, contacts the doctor. Ifappropriate, a report might be requested from the doctors general practitioner and other treating specialists. Sometimes the doctor may be asked to make an agreement which limits his or her practice of medicine in particular ways, to ensure public safety while an expert examination is arranged. heAct gives the Health Committee, acting under the Councils delegation, the power to T order a doctor to attend a medical examination at the Councils expense. T heexamination is by a specialist relevant to the suspected (health) condition, and the Council would consult with the doctor about the specialist. Thedoctor receives a copy of the report. Failure to attend for such an examination may mean the Council suspends the doctors registration. Ifthe circumstances warrant, the Council can impose restrictions on a doctors scope of practice. fan examination has been arranged and the examining doctors report received, any initial I limitations are reviewed in light of the report. Ifthe examining doctors report indicates that a mental or physical condition is affecting the doctors ability to practise, the doctor will usually be invited to attend a meeting of the Health Committee to discuss the report and implications, with a support person if desired. T hedoctor is also entitled to make written submissions, and to be represented.
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Figure 3. Steps taken when a health notification is received
If the doctors ability to practise is affected by a mental or physical condition, the Health Committee usually decides on one or more of the following: ask the doctor to sign a voluntary agreement conform to appropriate restrictions on practice to ensure public safety in light of his or hercondition undertake specific treatment or counselling according to the advice in the examining doctors report recommend to the Council that conditions be placed on the doctors scope of practice or that registration is suspended, for example while the doctor attends a rehabilitation or treatment programme.
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heagreement is underpinned by the acknowledgment that conditions may be placed on the T doctors practice if the agreement is breached in any material way. Indoing this, the Health Committees intention is to help the doctor to regain and maintain health so that he or she can continue to practise, subject to appropriate limitations, and also ensure the health and safety of the public are protected. Atypical agreement may include: limiting the doctors scope of practice such as the place or places of work, the types of work to be undertaken, the workload, for example hours of work supervision of the doctors practice treatment to be undertaken and the names of the treating doctors, therapists and agencies who may be involved in the doctors treatment programme, with some indication as to the frequency of consultation. There may be provision for each to communicate with the Health Committee if problems arise eg, noncompliance or relapse where relevant, provision for a key person in the doctors workplace to be aware of thecondition some monitoring by the Health Committee for example where the problem has involved abuse of drugs or alcohol, random testing will also form part of the agreement restricted access to prescription drugs and medicines prohibition on self prescribing regular assessment of progress by a Health Committee nominated doctor. Doctors monitored by the Health Committee may meet with its members at intervals to discuss their progress, current state, and to make changes to the agreement. When the situation has stabilised and the doctors recovery is firmly established, the doctor may be monitored by an annual exchange of letters and then, if all is going well, the doctor is finally discharged from Health Committee monitoring. tshould be stressed that the Health Committee does not become involved in treatment I decisions directly but ensures the appropriate treatment is taking place and the doctors health is maintained at the most satisfactory level possible. Thedoctor chooses his or her own treating team. This process has been designed to separate matters of impairment from matters of professional misconduct and discipline. T heassumption is that with treatment of the impairment a doctor should be able to return to the medical workforce. Theprocess is intended to be rehabilitative, not punitive.
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Infection with transmissible major viral infections (TMVIs)

swith any illness that may pose a risk to patients, doctors who are A or may be infected with one of the transmissible major viral infections (hepatitis B, hepatitis C and Human Immunodeficiency Virus) must take all necessary steps to minimise the possibility of transmission. Health Regulatory Authorities of NewZealand (HRANZ), has, with the Medical Council, developed guidelines for health care providers. K eypoints are: learning and awareness must start early, in students training doctors should be tested if they may have been exposed to the viruses doctors should advise patients who may have been exposed to be tested doctors who perform exposure prone procedures have a responsibility to know their HBV, HCV and HIV status and notify the Council if they are infected being infected does not, by itself, justify either refusing registration of the doctor or limiting their practice such decisions are always case by case doctors who know, or think, they may be infected with any of the viruses must seek advice and then act on it a doctor should not continue practising based on her or his own assessment.
Conclusion
Physician heal thyself is not a policy the Medical Council endorses. Doctors are a valuable asset. Wemust take responsibility for maintaining our own health as much as is possible and seek professional help when we are ill. While the Act gives the Medical Council powers to restrict doctors practice when necessary to protect public safety, it is preferable if the Council can reserve the use of these powers and assist doctors to continue to work as appropriate and recover from their illnesses. This is best achieved by early notification and early intervention.
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Resources
1. Hagan J, Richards J (eds.) 1997. Insickness and in health: a handbook for medical practitioners, other health professionals, their partners and their families. Editors. DHAS. 2. Health Committee via health manager phone 04 384 7635 or 0800 286 801. 3. TheCouncil website: www.mcnz.org.nz.
References
1. Huggard P 2003. Secondary traumatic stress. NewEthicals; Sept: 914. 2. British Medical Association 1998. T hemisuse of alcohol and other drugs by doctors. Areport of the working group on the misuse of alcohol and other drugs. London. 3. Richards JG 1999. T hehealth and health practices of doctors and their families. NewZealand Medical Journal; 112: 9699. 4. Dahlin M, Joneborg N, Runeson B 2005. Stress and depression among medical students: across-sectional study. Medical Education; 39(6): 594604. 5. Chew-Graham CA 2003. Iwouldnt want it on my CV or their records: medical students experiences of help seeking for mental health problems. Medical Education; 37:873880.
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CHAPTER 19 Maintaining competence

Steven Lillis is a general practitioner in Hamilton, and Medical Adviser for the Medical Council. Cite this as Lillis S 2013. Maintaining competence. Chapter 19 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Evidence based education Practice visits Resources for educational effectiveness
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Like all professions medicine is granted professional autonomy by society under the assumption that its practitioners will be deemed competent on entry into practice and will maintain competence for as long as they practice.1
Evidence based education

Although no one would negate the importance of lifelong learning, there has been considerable debate as to how to ensure that useful learning occurs. Theprincipal purpose of the Health Practitioners Competence Assurance Act 2003 (the Act) is to protect the health and safety of members of the public by providing for mechanisms to ensure that health practitioners are competent and fit to practise their professions. TheCouncil currently requires all doctors to participate in approved continuing professional development (CPD) activities in order to recertify, but there is disquiet that the currently practised CPD, with its emphasis on continuing medical education, does not necessarily identify or improve underperformance, and therefore cannot ensure doctors are competent. Traditional continuing medical education (CME) employed planning models that were devised 50 years ago. T heeffectiveness of such methods has been substantially questioned and it is generally accepted that such techniques have little to offer modern complex professional practice. CPD comes somewhat closer to the needs of doctors but is generally deficient in its ability to understand learning deficits. Alongside these limitations is increasing awareness of the dangers inherent in self assessment of learning need where inadvertent self deception can colour objectivity.2 A body of research on educational effectiveness has revealed the following: Ofmarginal value Formal CME meetings or conferences Didactic sessions Self assessment of educational needs Large group teaching Cross discipline teaching sessions Self assessment. What works well Interactive programs between doctors and educators Comparison between optimal and actual care Academic detailing Outreach programs Providing learners with access to their own data Teaching integrated with clinical practice Multifaceted approach to education Individualised educational initiatives.
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The task of good education is to understand where learning needs exist and meet those needs in the most effective and efficient way. Theoutcome should be either a positive change in doctor behaviour or better patient outcomes and preferably the change should be measurable. Practice visits offer a solution to many of the problems inherent in delivering good education for practising doctors; the assessment of need is undertaken on the real work of the doctor rather than a theoretical construct, the process is individualised and the assessment is objective. Practice visits embody many of the most effective methods of educating doctors.
Practice visits
The Council envisages a system of practice visits being part of CPD. I twill be formative (designed to assist learning) rather than being summative (designed to test minimum standards). Theprofessional bodies rather than the Medical Council will administer the scheme to ensure that it is in line with professional need in various disciplines. There will be a focus on developing the concepts to ensure they are acceptable and feasible to the profession.
Resources for educational effectiveness

The following references provide useful information on the effectiveness or otherwise of various educational opportunities. 1. C oxJ, King J, Hutchinson A, McAvoy P 2006. Understanding doctors performance. Oxford: Radcliffe. 2. Brown CA, Belfield CR, Field SJ 2002. Cost effectiveness of continuing professional development in health care: a critical review of the evidence. BMJ; 324 (7338): 6525. 3. Bloom BS 2005. Effects of continuing medical education on improving physician clinical care and patient health: a review of systematic reviews. IntJ Technol Assess Health Care; 21(3): 3805. 4. Cauffman JG, Forsyth RA, Clark VA, Foster JP, Martin KJ, Lapsys FX, et al 2002. Randomised controlled trials of continuing medical education: what makes them most effective? JContin Educ Health Prof; 22 (4): 21421. 5. Davis D, OBrien MA, Freemantle N, Wolf FM, Mazmanian P, Taylor-Vaisey A 1999. Impact of formal continuing medical education: do conferences, workshops, rounds, and other traditional continuing education activities change physician behavior or health care outcomes? JAMA; 282 (9): 86774. 6. Mansouri M, Lockyer J 2007. Ameta analysis of continuing medical education effectiveness. JContin Educ Health Prof; 27 (1): 615. 7. Sohn W, Ismail AI, Tellez M 2004. Efficacy of educational interventions targeting primary care providers practice behaviors: an overview of published systematic reviews. J Public Health Dent; 64 (3): 16472.
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8. Davis D 1998. Does CME work? Ananalysis of the effect of educational activities on physician performance or health care outcomes. I ntJ Psychiatry Med; 28(1): 2139. 9. Davis DA, Thomson MA, Oxman AD, Haynes RB 1995. Changing physician performance. 10. Asystematic review of the effect of continuing medical education strategies. JAMA; 274 (9): 7005. 11. Boonyasai RT, Windish DM, Chakraborti C, Feldman LS, Rubin HR, Bass EB 2007. Effectiveness of teaching quality improvement to clinicians: a systematic review. JAMA; 298 (9): 102337. 12. Coomarasamy A, Khan KS 2004. What is the evidence that postgraduate teaching in evidence based medicine changes anything? Asystematic review. BMJ; 329 (7473): 1017. 13. Goulet F, Gagnon R, Gingras ME 2007. Influence of remedial professional development programs for poorly performing physicians. J Contin Educ Health Prof; 27 (1): 428. 14. Davis DA, Mazmanian PE, Fordis M, V anHarrison R, Thorpe KE, Perrier L 2006. Accuracy of physician self assessment compared with observed measures of competence: a systematic review. JAMA; 296 (9): 10941102. 15. Tian J, Atkinson NL, Portnoy B, Gold RS 2007. Asystematic review of evaluation in formal continuing medical education. J Contin Educ Health Prof; 27 (1): 1627.
References
1. Norman GR 2004. T heneed for needs assessment in continuing medical education. BMJ;328 (7446): 9991001. 2. Davis DA, Mazmanian PE, Fordis M, V anHarrison R, Thorpe KE, Perrier L 2006. Accuracy of physician self assessment compared with observed measures of competence: a systematic review. JAMA; 296 (9): 10941102.
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CHAPTER 20 Credentialling
Kenneth Clark is the Chief Medical Officer at MidCentral DHB, the chair of the national CMO Group, and is a specialist obstetrician and gynaecologist. Don Mackie is Chief Medical Officer at the Ministry of Health and is a specialist in medical administration. Joan Crawford is the Strategic Programme Manager at the Medical Council. Cite this as Clark K, Mackie D, Crawford J 2013. Credentialling. Chapter 20 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Definition of credentialling Theinterface with medical regulation Consumer input Benefits of credentialling Fair process and transparency Standards for credentialling
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Definition of credentialling
Credentialling is a process used by health and disability service providers to assign specific clinical responsibilities to health practitioners on the basis of their education and training, qualifications, experience and fitness to practice in a defined context. This context includes the particular service provided, and the facilities and support available in the organisation. TheCredentialling Framework for NewZealand Health Professionals (2010), Ministry of Health Credentialling is a continuous process that commences on a doctors appointment, with determination of clinical responsibilities, and then extends for the length of employment. Credentialling reviews take place in a number of ways: an annual confirmation of credentialled status, often undertaken in conjunction with a performance review a periodic formal review by a credentialling committee nonroutine reviews for events such as the introduction of a new treatment or service or when there is reason to confirm a doctors competence across a range of specific clinical responsibilities.
Theinterface with medical regulation

The Medical Council is responsible for ensuring that doctors maintain high standards of practice. Doctors working in NewZealand are respected for the high standard of care they provide, however the publics expectations have increased and patients are more questioning of the medical advice they receive. T heprofession and the Council need to take the lead in providing assurance to the public and patients that their trust and confidence in doctors is warranted. heHealth Practitioners Competence Assurance Act 2003 (the Act) prescribes the T responsibilities of registration authorities for each professional group. Council is responsible for defining scopes of practice, prescribing the qualifications for registration, ensuring doctors are competent and fit to practise, and registering doctors in a broad scope of practice. Credentialling processes undertaken by service providers define the clinical responsibilities for individual doctors in the scope in which they are registered and in the context in which they work. Credentialling is part of clinical governance, and responsibility for credentialling lies with organisational governing bodies. However, credentialling processes must be owned by the profession and quality improvement will only occur if there is clinical leadership of the process.
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Consumer input
Credentialling aims to improve outcomes for patients. Effective credentialling processes can provide assurance to the public of the quality of care they can expect from their doctor. Consumers play an important role in credentialling processes primarily as a member of the credentialling committee. Aconsumer representative is also often involved in credentialing during the process of appointment of doctors.
Benefits of credentialling
Effective credentialling systems for the medical profession: help to ensure patient safety promote professional practice development among doctors improve risk management in provider organisations support clinical improvement activity improve public confidence in the health system. hefocus of credentialling is on quality improvement. Credentialling can identify system T errors and can also identify patterns of poor performance by individual doctors.
Fair process and transparency

Credentialling processes must follow due process and be procedurally fair. I tis important that policies document the process, and these are adhered to. T heprocess must be fair, unbiased and transparent. Credentialling processes must follow the tenets of natural justice and there must be a documented and robust appeal process. There is a public interest in the outcome of credentialling processes. Policies need to identify what information is made available to patients. Thecredentialled status of a doctor should be made available to the public, however the information generated during the credentialling process may be confidential. Credentialling information should also be shared among service providers. This includes public and private hospitals and service providers. I tis essential that the doctor is informed if such information is to be shared between providers.
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Standards for credentialling

There is a need for consistent processes to be followed to ensure effective credentialing across all health service providers. TheCredentialling Framework for NewZealand Health Professionals (2010), Ministry of Health lays out general principles with a purpose of promoting a nationally consistent credentialling system. I nmedicine credentialling is reasonably well established in hospital settings but in contrast is yet to be introduced to any extent in primary care settings. This is a significant challenge for the profession and one that the Council and the national Chief Medical Officer group is keen to see taken up. Even where credentialling is routinely practised in NewZealand the overall standard needs to be raised in order to truly aid in the assurance of high quality care and patient safety. Aset of national standards for credentialling, monitored by an external accreditation system would result in an improvement in the current high standards of practice of doctors in NewZealand.
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CHAPTER 21 Error in medical practice

Steven Lillis is a general practitioner in Hamilton, and Medical Adviser for the Medical Council. Cite this as Lillis S 2013. Error in medical practice. Chapter 21 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Error is common Causes of error Preventing error Clinical governance Responding to error Conclusion
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On one hand, mistakes are inevitable. O nthe other hand they are to be avoided This fundamental paradox creates the moral challenge of accepting our fallibility and at the same time struggling against it.1
Error is common
The incidence, cause and prevention of medical error has attracted considerable interest in both the public and professional domains. T woresearch papers highlighted the extent of the problem by quantifying the number of patient deaths caused by error in the United States.2, 3 The results indicated that somewhere between 44,000 and 98,000 people die each year as a result of medical error in the U.S.A. Afurther study based on Australian hospitals revealed similar statistics.4 NewZealand data indicate 13 percent of hospital admissions are associated with an adverse event and 15 percent of these adverse events are associated with permanent disability or death.5 All practising doctors are aware of error in their day to day work.
Causes of error
A useful concept is to look at error as a failing of processes and systems. Anindividual may be at the sharp end of this failure but should not be blamed for its defects. Reason describes the Swiss cheese concept of error. High technology systems such as medicine have many defensive layers. Well trained professionals, procedures, guidelines and computerisation all can be considered defensive layers against error and can be likened to individual slices of Swiss cheese; mostly intact but with some holes. T hepresence of a hole in one slice doesnt necessarily cause an error, as it is probable that the next slice in the series will prevent the error. When holes in successive slices line up momentarily, error occurs.
Preventing error
The study of error in medicine would indicate that solutions range from the very simple to the complex.6 Prescription errors are a common and serious cause of error in both hospital and community based medical practice. Better systems for safe prescribing can have significant impact on the rate of prescribing error.7, 8 Utilising error reporting systems to better understand what has gone wrong has also shown effective in reducing error.9 There is, however, a common underlying theme to the continued high prevalence of medical error; blaming the individual rather than the process. Failure of medicine as a profession and health care as an industry to recognise the negative effect of dealing with error by naming, blaming and shaming the person involved in the mistake has led to disappointing results in reducing error rates.10 Medical culture has proved quite resistant to change.11
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Many other industries face similar work environments as medicine where real time decisions have to be made, there is constant interaction between humans and technology, the processes are complex and the end result of error can be catastrophic in human and resource costs for both those receiving the service and those providing it. Common themes that emerge from these industries as to methods of reducing error include systematic reporting systems, collecting data on near misses, confidential reporting systems and developing a culture of safety.12 Not all error results in an adverse outcome. However, collecting information on near misses events that could easily have led to an adverse outcome if not discovered allows better understanding of what processes are deficient and how to fix them. T hekey to collecting information on things that go wrong is effective communication. This in turn requires a culture in medicine that encourages and supports open communication and recognises that it is a defective system and not an individual that is responsible for the vast majority of errors that occur.
Clinical governance
The National Health Committee defines clinical governance as Aframework through which NewZealand health sector organisations are accountable for continually improving the quality of their services and safeguarding high standards of care by creating an environment in which excellence in clinical care will flourish. Amore concise way of thinking about it is Taking responsibility for clinical outcomes at a locality level. T hefive components are: Clear lines of accountability for the overall quality of clinical care at practice level Acomprehensive programme of quality improvement systems in each practice Supporting and applying evidence based practice Clear policies aimed at managing risk Procedures to identify and remedy poor performance integrated into practices.
Responding to error
It is an inevitable part of professional practice that all doctors will make mistakes and that some of these mistakes will result in patient harm. Most doctors who are involved in patient care where error has occurred are significantly affected by it, particularly if the error results in harm to the patient and formal complaint. Reactions include anger, shame, guilt, depression and reduced enjoyment of the practice of medicine.13, 14 However, the importance of effective emotional support during a time of professional crisis is also being recognised.15
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Communication would seem to be a strong predictor of the outcome of medical error. N otall litigation and complaint is occasioned by medical error and only a small proportion of error results in complaint. AnAmerican study looking at why a decision to pursue litigation was made by patients suggested that failure of communication was a crucial factor in the majority of cases.16 Good communication between doctor and patient is crucial should error occur. Themajority of patients whom have suffered from medical error want disclosure of error, truthful explanations, understanding of what has happened and reassurances that the system has been fixed so that the error will not happen again.17 Failure to meet these expectations is more likely to result in the patient seeking such explanations in a court or through disciplinary processes. common question asked when error occurs is Should I apologise? T A heuncertainty as to what to do is usually driven by fear of disclosure to the patient and colleagues, fear of complaint, the threat to ones own sense of professional competence and the desire to avoid compromising a legal situation. Clearly, if working as an employee, the institution in which a doctor is employed should be notified at the earliest opportunity should error occur and the appropriate indemnity insurance company notified. Once such notification has occurred, the error should be disclosed. Acknowledging and apologising for the error places the incident in an interpersonal framework rather than the impersonal and distant hierarchy of an institution. Itis an important step in the process of recovery for both the patient and the doctor concerned. Itempowers patients as they have both understanding and involvement whereas nondisclosure disempowers patients. Disclosure may lessen the likelihood of formal complaint and allows a transparent process of understanding what went wrong and how to prevent it from happening again. A2006 study undertaken in NewZealand reported that 86 percent of hospital doctors surveyed believed that disclosure of error to patients would decrease the likelihood of a complaint being filed against them.18
Conclusion
Developing a culture of safety in medicine requires effective communication and trust between team members and acknowledgement of the failure of processes rather then individuals as the cause of the majority of errors in medicine. I fand when error occurs, effective communication and transparency can lessen the emotional, physical and financial cost for both the patient and the doctor involved. Like many things in medicine, effective communication is the key to improving outcomes. Errors are to be avoided. When they occur, the learning that can be found in them is invaluable in ensuring they dont happen again. Theopportunity for learning should not be overlooked.
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References
1. Andre J 2000. Humility reconsidered. I nRunbin L (ed.). Margin of error, SRZ. University publishing Group: Hagerstown, Maryland. p. 5972. 2. Brennan TA, et al 1991. Incidence of adverse events and negligence in hospitalised patients. Results of the Harvard Medical Practice Study I. N Engl J Med.; 324 (6): 3706. 3. Thomas EJ et al 1999. Costs of medical injuries in Utah and Colorado. Inquiry, 1999. 36(3): p. 25564. 4. Wilson RM et al 1995. T heQuality in Australian Health Care Study. MedJ Aust.; 163(9):45871. 5. Davis P et al 2002. Adverse events in NewZealand public hospitals I: occurrence and impact. NZ Med J; 115 (1167): U271. 6. Ioannidis JP, Lauj 2001. Evidence on interventions to reduce medical errors: an overview and recommendations for future research. J Gen Intern Med; 16 (5): 32534. 7. Bates DW et al 1998. Effect of computerised physician order entry and a team intervention on prevention of serious medication errors. JAMA; 280 (15): 13116. 8. Britt H et al 1996. Clinical incidents in general practice. Prescription errors. Aust Fam Physician; 25 (10): 160910. 9. Battles JB et al 1998. T heattributes of medical event reporting systems: experience with a prototype medical event reporting system for transfusion medicine. Arch Pathol Lab Med; 122 (3): 2318. 10. Hargreaves S 2003. Weak safety culture behind errors, says chief medical officer. BMJ;326 (7384): 300. 11. Stryer D, Clancy c 2005. Patients safety. BMJ; 330 (7491): 5534. 12. Barach P, Small sd 2000. Reporting and preventing medical mishaps: lessons from nonmedical near miss reporting systems. BMJ; 320 (7237): 75963. 13. Christensen JF, Levinson W, Dunn PM 1992. T heheart of darkness: the impact of perceived mistakes on physicians. J Gen Intern Med; 7 (4): 42431. 14. Cunningham W 2004. Theimmediate and long term impact on NewZealand doctors who receive patient complaints. NZ Med J; 117 (1198): U972. 15. Goldberg RM et al 2003. Coping with medical mistakes and errors in judgment. AnnEmerg Med; 39 (3): 28792. 16. Beckman HB et al 1994. Thedoctor patient relationship and malpractice. Lessons from plaintiff depositions. Arch Intern Med; 154 (12): 136570. 17. Witman AB, Park DM, Hardin SB 1996. H owdo patients want physicians to handle mistakes? Asurvey of internal medicine patients in an academic setting. Arch Intern Med; 156(22): 25659. 18. Soleimani F 2006. Learning from mistakes in NewZealand hospitals: what else do we need besides no fault? NZ Med J; 119 (1239).
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CHAPTER 22 The NewZealand Medical Association code of ethics

Cite this as NewZealand Medical Association 2013. Code of ethics. Chapter 22 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Preliminary statement Principles Recommendations Responsibilities to the patient Professional Responsibilities Research Teaching Medicine and Commerce Medical Responsibilities in Prioritising Care Medicine and Industrial Action
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Preliminary statement
The profession of medicine has a duty to maintain and improve the health of the people and reduce the impact of disease. Its knowledge and consciousness must be directed to these ends. The medical profession has a social contract with its community. In return for the trust patients and the community place in doctors, ethical codes are produced to guide the profession and protect patients. This document represents a further stage in that evolutionaryprocess. This document does not purport to set out rigid, immutable rules. It revises the Code of Ethics and provides guidelines endorsed by the Council of the New Zealand Medical Association. The Code will be reviewed at regular intervals and, to this end, comment and feedback is invited.44 The basis of the moral framework for medical practice has been developed gradually over several thousand years, and is therefore well established, whereas guidelines for professional behaviour must reflect the changing social and cultural environment in which doctors practise. The moral basis for practice has its expression through what is commonly termed medical ethics. Integral to an ethical basis for professional practice is the overriding acceptance of an obligation to patients,45 and recognition of their autonomy.46 Standard treatises on medical ethics cite four moral principles: autonomy, beneficence, non-maleficence, and justice. Autonomy recognises the rights of patients to make decisions for themselves. Beneficence requires a doctor to achieve the best possible outcome for an individual patient, while recognising resource constraints. Non-maleficence implies a duty to do no harm. (This principle involves consideration of risks versus benefits from particular procedures.) Justice incorporates notions of equity and of the fair distribution of resources. In New Zealand today there is also an increasingly wide recognition of the principle of partnership - between doctor and patient; profession and society; and different cultures as an important aspect of the ethos of professional practice. The concept of the autonomy of doctors also needs to be considered, although this principle has always been tempered with common sense and recognition of the duty to act within the limits of ones own capabilities. Some ethicists are beginning to argue for a fifth principle, namely, the duty of doctors in some circumstances to recognise the need to work in collaborative groups, sharing their skills, experience and judgement with others. In todays world, doctors have an increased ethical responsibility to participate in reviewing formally their own and others work to maintain standards of practice.
44 Comments should be sent to: New Zealand Medical Association, PO Box 156, Wellington. 45 The NZMA strongly favours retention of the word patient because it reflects accurately the nature of the relationship between a doctor and the person seeking help. 46 The NZMA recognises no distinction, in terms of accountability, between conventional and alternative medicine when practised by a registered medical practitioner. All treatments should be subject to the same standards in respect of the rigour with which they are subjected to scientific testing and the ethics applicable to their use.
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The concept of accountability, as applied to the medical profession, needs to encompass a widening set of relationships and contexts. An increasing number of statutory and commercial organisations interact with doctors in relation to issues of accountability. Increasingly, doctors are experiencing difficulty in balancing the requirements of their primary obligation to individual patients and families with their responsibilities to the wider community. Many commercial concepts, including that of intellectual property and that of contracting with various funding bodies, are challenging aspects of medical organisation and professional practice.1 Changes in the context of medical practice are reflected in new sections on Medical Responsibilities in Prioritising Care and on Medicine and Industrial Action to address the exquisite dilemmas that doctors find themselves in as participants in the tension between the welfare of the individual patient and the good of all other patients. Faced with this complex and changing situation, the New Zealand Medical Association affirms its adherence to certain ethical principles. Patients have a legal right (under the Code of Health and Disability Services Consumers Rights) to services that comply with ethical standards such as this Code of Ethics. The Association accepts responsibility for delineating standards of ethical behaviour expected of doctors in New Zealand and has consulted widely in the development of this Code. The NZMA urges Members and all doctors to follow the standards set out below:
1 The concept of intellectual property and its protection is relatively recent. The patenting of inventions based on an individuals thinking and research is becoming widespread. The ethical issues related to this are at present being defined and the present code cannot encapsulate any established pattern.
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Principles
All medical practitioners, including those who may not be engaged directly in clinical practice, will acknowledge and accept the following Principles of Ethical Behaviour: 1. Consider the health and well being of the patient to be your first priority. 2. Respect the rights, autonomy and freedom of choice of the patient. 3. Avoid exploiting the patient in any manner. 4. Practise the science and art of medicine to the best of your ability with moral integrity, compassion and respect for human dignity. 5. Protect the patients private information throughout his/her lifetime and following death, unless there are overriding considerations in terms of public interest or patient safety. 6. Strive to improve your knowledge and skills so that the best possible advice and treatment can be offered to the patient. 7. Adhere to the scientific basis for medical practice while acknowledging the limits of current knowledge. 8. Honour the profession, including its traditions, values, and its principles, in the ways that best serve the interests of the patient. 9. Recognise your own limitations and the special skills of others in the diagnosis, prevention and treatment of disease. 10. Accept a responsibility to assist in the protection and improvement of the health of thecommunity. 11. Accept a responsibility to advocate for adequate resourcing of medical services and assist in maximising equitable access to them across the community. 12. Accept a responsibility for maintaining the standards of the profession.
Recommendations
Given the complexities of doctor-patient relationships, and the increasing difficulties brought about by the need for rationing of resources and direct intervention of thirdparty providers of funding, no set of guidelines can cover all situations. The following set of recommendations is designed to convey an overall pattern of professional behaviour consistent with the principles set out above in the Code of Ethics.
Responsibilities to the patient

1. Doctors should ensure that all conduct in the practice of their profession is above reproach. Exploitation of any patient, whether it be physical, sexual, emotional, or financial, is unacceptable and the trust embodied in the doctor-patient relationship must be respected.
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2. Doctors, like a number of other professionals, are involved in relationships in which there is a potential or actual imbalance of power. Sexual relationships between doctors and their patients or students fall within this category. The NZMA is mindful of Medical Council policy in relation to sexual relationships with present and former patients or their family members, and expects doctors to be familiar with this. The NZMA considers that a sexual relationship with a current patient is unethical and that, in most instances, sexual relations with a former patient would be regarded as unethical, particularly where exploitation of patient vulnerability occurs. It is acknowledged that in some cases the patient-doctor relationship may be brief, minor in nature, or in the distant past. In such circumstances and where the sexual relationship has developed from social contact away from the professional environment, impropriety would not necessarily be inferred. Any complaints about a sexual relationship with a former patient therefore need to be considered on an individual basis before being considered as unethical. 3. Doctors should ensure that every patient receives appropriate available investigation into their complaint or condition, including adequate collation of information for optimalmanagement. 4. Doctors should ensure that information is recorded accurately and is securely maintained, with due regard to the challenges of the modern electronic era. 5. Doctors should seek to improve their standards of medical care through continuing selfeducation and thoughtful interaction with appropriate colleagues. 6. Doctors have the right, except in an emergency, to refuse to care for a particular patient. In any situation which is not an emergency, doctors may withdraw from or decline to provide care as long as an alternative source of care is available and that the appropriate avenue for securing this is known to the patient. Where a doctor does withdraw care from a patient, reasonable notice should be given and an orderly transfer of care facilitated. 7. When a patient is accepted for care, doctors should render medical service to that person without discrimination (as defined by the Human Rights Act). 8. Doctors should ensure that continuity of care is available to all patients, whether seen urgently or unexpectedly, or within a long-term contractual setting, and should assure themselves that appropriate arrangements are available to cover absence from practice or hours off duty, informing patients of these. 9. Doctors should ensure that patients are involved, within the limits of their capacities, in understanding the nature of their problems, the range of possible solutions, as well as the likely benefits, risks, and costs, and should assist them in making informed choices. 10. Doctors should ensure that patients are promptly informed of any adverse event or error that occurred during care for which the doctor has individual or direct overall responsibility. 11. Doctors should recognise the right of patients to choose their doctors freely. 12. Doctors should recognise their own professional limitations and, when indicated, recommend to patients that additional opinions and services be obtained, and accept a patients right to request other opinions. In making a referral to another health professional, so far as practical, the doctor should have a basis for confidence in the competence of that practitioner.
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13. Doctors should accept the right of a patient to be referred for further management in situations where there is a moral or clinical disagreement about the most appropriate course to take. 14. Doctors should keep in confidence information derived from a patient, or from a colleague regarding a patient, and divulge it only with the permission of the patient or in those unusual circumstances when it is clearly in the patients best interests or there is an overriding public good, including the risk of serious harm to another person. If there is any doubt, doctors should seek guidance from colleagues or an appropriate ethics committee. 15. When appropriate, doctors should communicate with colleagues who are involved in the care of the same patient. This communication should respect patient confidentiality and be confined to necessary information. Patients should be made aware of this information sharing which enables the delivery of good quality medical care. Where a patient expressly limits possession of particular information to one practitioner, this must ordinarily be respected. Patients should be made aware in advance, if possible, where there are limits to the confidentiality which can be provided. 16. Where a doctor is performing an assessment on behalf of a third party, the patient must be clearly informed of who the third party is, the purpose of the assessment and the limits of confidentiality. Where the assessment occurs in the context of a treating relationship, the patient should be made aware that the doctor is ethically obliged to provide a complete and professional report. 17. When it is necessary to divulge confidential patient information without patient consent this must be done only to the proper authorities, and a record kept of when reporting occurred and its significance. 18. Doctors should recommend only those diagnostic or screening procedures which seem necessary to assist in the care of the patient and only that treatment which seems necessary for the well being of the patient. 19. When requested or when need is apparent, doctors should provide patients with information required to enable them to receive benefits to which they may be entitled. 20. Doctors should be aware of statutory provisions and the codes of the Privacy Commissioner, the Human Rights Commissioner and the Health and Disability Commissioner, and the requirements of the Medical Council of New Zealand. 21. Doctors should accept that autonomy of patients remains important in childhood, chronic illness, ageing, and in the process of dying. 22. When patients are not capable of making an informed choice or giving informed consent, doctors should consider any previously expressed preferences from the patient, the wishes of the family, guardian or other appropriate person, and consult colleagues before making management decisions, which may include recourse to the courts for determination. 23. Doctors should bear in mind always the obligation of preserving life wherever possible and justifiable, while allowing death to occur with dignity and comfort when it appears to be inevitable. In such inevitable terminal situations, treatment applied with the primary aim of relieving patient distress is ethically acceptable, even when it may have the secondary effect of shortening life.
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24. Doctors should be prepared to discuss and contribute to the content of advance directives and give effect to them. In the case of conflicts concerning management, doctors should consult widely within the profession and, if indicated, with ethicists and legal authorities. 25. In relation to transplantation and requests for organ donation, doctors should accept that when death of the brain has occurred, the cellular life of the body may be supported if some parts of the body might be used to prolong or improve the health of others. They should recognise their responsibilities to the donor of organs that will be transplanted by disclosing fully to the donor or relatives the intent and purpose of the procedure. In the case of a living donor, the risks of the donation procedures must be fully explained. Doctors should ensure that the determination of death of any donor patient is made by doctors who are in no way concerned with the transplant procedure or associated with the proposed recipient in a way that might exert any influence upon any decisions made.
Professional Responsibilities
26. Doctors have both a right and a responsibility to maintain their own health and well being at a standard that ensures that they are fit to practise. 27. Doctors should seek guidance and assistance from colleagues and professional or healthcare organisations whenever they are unable to function in a competent, safe andethical manner. When approached in this way doctors should provide or facilitate such assistance. 28. Doctors have a responsibility to assist colleagues when they are unwell or under stress. 29. Doctors have a general responsibility for the safety of patients and should therefore take appropriate steps to ensure unsafe or unethical practices on the part of colleagues are curtailed and/or reported to relevant authorities without delay. 30. Doctors have a responsibility to participate in reviewing their own practice and that ofothers. 31. When appropriate doctors should make available to colleagues, with the knowledge of the patient, a report or summary of their findings and treatment relating to that patient. 32. When working in a team environment, doctors have a responsibility to behave cooperatively and respectfully towards team members. 33. Doctors should recognise that the doctor/patient relationship has a value and should not be disturbed without compelling reasons. Disruption of such a relationship should, wherever possible, be discussed in advance with an independent colleague. 34. Doctors should avoid impugning the reputations of colleagues. In normal circumstances, information about colleagues divulged as a part of quality assurance exercises (including peer groups) should remain confidential. 35. Doctors should accept a share of the professions responsibility toward society in matters relating to the health and safety of the public, health promotion and education, and legislation affecting the health or well being of the community.
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36. Doctors have an obligation to draw the attention of relevant bodies to inadequate or unsafe services. Where doctors are working within a health service they should first raise issues in respect of that service through appropriate channels, including the organisation responsible for the service, and consult with colleagues before speaking publicly. 37. Doctors should not countenance, condone or participate in the practice of torture or other forms of cruel, inhuman, or degrading procedures, whatever the offence of which the victim of such procedures is suspected, accused or guilty. 38. Doctors should recognise the responsibility to assist courts, commissioners, commissions, and disciplinary bodies, in arriving at just decisions. When doctors are providing expert opinions, the doctor has a duty to assist the body impartially on relevant matters and to confine such opinion within their area of expertise. 39. Doctors should certify or give in evidence only that which has been personally verified when they are testifying as to circumstances of fact. 40. Doctors should not allow their standing as medical practitioners to be used inappropriately in the endorsement of commercial products. When doctors are acting as agents for, or have a financial or other interest in, commercial organisations or products, their interest should be declared. If endorsing a product, doctors should use only the proper chemical name for drugs, vaccines and specific ingredients, rather than the trade or commercial name. Any endorsement should be based on specific independent scientific evidence, and that evidence should be clearly outlined. 41. Doctors should not use secret remedies. 42. Advances and innovative approaches to medical practice should be subject to review and promulgation through professional channels (including ethics committees) and medical scientific literature. Doctors should accept responsibility for providing the public with carefully considered, generally accepted opinions when presenting scientific knowledge. In presenting any personal opinion contrary to a generally held viewpoint of the profession, doctors must indicate that such is the case, and present information fairly. 43. Doctors should accept that their professional reputation must be based upon their ability, technical skills and integrity. Doctors should advertise professional services or make professional announcements only in circumstances where the primary purpose of any notification is factual presentation of information reasonably needed by any person wishing to make an informed decision about the appropriateness and availability of services that may meet his or her medical needs. Any such announcement or advertisement must be demonstrably true in all respects and contain no testimonial material or endorsement of clinical skills. Qualifications not recognised by appropriate New Zealand statutory bodies should not be quoted. 44. Doctors should exercise careful judgement before accepting any gift, hospitality or gratuity which could be interpreted as an inducement to use or endorse any product, equipment or policy. Doctors must not allow gifts to influence clinical judgement. In all cases of doubt, advice should be sought from relevant professional organisations.
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Research
45. Before initiating or participating in any clinical research, doctors should assure themselves that the particular investigation is justified in the light of previous research and knowledge. Any proposed study should reasonably be expected to provide the answers to the questions raised. There must be an assessment of predictable risks and burdens in comparison with foreseeable benefits to the participants or to others. All studies involving patients should be subject to the scrutiny of an appropriately constituted ethics committee which must be independent of the investigator and the sponsor, and any kind of undue influence. 46. Doctors should be assured that the planning and conduct of any particular study is such that it minimises the risk of harm to participants. When comparing active treatments, the control group should receive the best currently available and accepted treatment, in accordance with a reasonable body of medical opinion. 47. A placebo-controlled trial may be ethically acceptable, even if an established therapy is available for a certain condition, under the following circumstances: The established treatment has never been demonstrated to be effective by evidencebased criteria; or Where for compelling and scientifically sound methodological reasons its use is necessary to determine the efficacy or safety of a prophylactic, diagnostic or therapeutic method; or Where a prophylactic, diagnostic or therapeutic method is being investigated for a minor condition and the patients who receive placebo will not be subject to any additional risk of serious or irreversible harm; There must be a robust mechanism for curtailing the trial should at any stage the treatment group be demonstrated (by adequate statistical methods) to be different from the placebo group. 48. Patient consent for participating in clinical research (or permission of those authorised to act on their behalf) should be obtained in writing only after a full written explanation of the purpose of that research has been made, and any foreseeable health hazards outlined. Opportunity must be given for questioning and withdrawal at any time. When indicated, an explanation of the theory and justification for double-blind procedures should be given. Acceptance or refusal to participate in a clinical study must never interfere with the doctor-patient relationship or access to appropriate treatment. No degree of coercion is acceptable. 49. Boundaries between formalised clinical research and various types of innovation have become blurred to an increasing extent. Doctors retain the right to recommend, and any patient has the right to receive, any new drug or treatment which, in the doctors considered judgement, offers hope of saving life, re-establishing health or alleviating suffering. Doctors are advised to document carefully the basis for any such decisions and also record the patients perception and basis for a decision. In all such cases the doctors must fully inform the patient about the drug or treatment, including the fact that such treatment is new or unorthodox, if that is so.
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50. In situations where a doctor is undertaking an innovative or unusual treatment on his or her own initiative, he or she should consult suitably qualified colleagues before discussing it with, or offering it to, patients. Doctors should carefully consider whether such treatments should be subject to formal research protocols. 51. It is the duty of doctors to ensure that the first communication of research results be through recognised scientific channels, including journals and meetings of professional bodies, to ensure appropriate peer review. Participants in the research should also be informed of the results as soon as is practicable after completion. 52. Doctors should not participate in clinical research involving control by the funder over the release of information or results, and should retain the right to publish or otherwise release any findings they have made. Doctors involved as principals in research should not participate if they do not have access to the base data. Negative as well as positive results should be published or otherwise made publicly available. Any dispute or ethical issue which may arise in respect of the research should be considered openly, e.g. by consultation with the appropriate ethics committee.
Teaching
53. Clinical teaching is the basis on which sound clinical practice is based. It is the duty of doctors to share information and promote education within the profession. Education of colleagues and medical students should be regarded as an ethical responsibility for all doctors. 54. Teaching involving direct patient contact should be undertaken with sensitivity, compassion, respect for privacy, and, whenever possible, with the consent of the patient, guardian or appropriate agent. Particular sensitivity is required when patients are disabled or disempowered, e.g. children. If teaching involves a patient in a permanent vegetative state, the teacher should, if at all possible, consult with a nursing or medical colleague and a relative before commencing the session. 55. Wherever possible, patients should be given sufficient information on the form and content of the teaching, and adequate time for consideration, before consenting or declining to participate in clinical teaching. Refusal by a patient to participate in a study or teaching session must not interfere with other aspects of the doctor-patient relationship or access to appropriate treatment. 56. Patients understanding of, or perspective on, their medical problems may be influenced by involvement in clinical teaching. Doctors should be sensitive to this possibility and ensure that information is provided in an unbiased manner, and that any questions receive adequate answers. It may be appropriate for the doctor to return later to address these issues.
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Medicine and Commerce

57. Commercial interests of an employer, health provider, or doctor must not interfere with the free exercise of clinical judgement in determining the best ways of meeting the needs of individual patients or the community, nor with the capacities of individual doctors to co-operate with other health providers in the interests of their patients, nor compromise standards of care or autonomy of patients in order to meet financial or commercial targets. 58. Where potential conflict arises between the best interests of particular patients and commercial or rationing prerogatives, doctors have a duty to explain the issues and dilemmas to their patients. Doctors should state quite clearly what their intentions are and why they advocate particular patterns of diagnosis, treatment, referral or resource use. Commercial arrangements that have the potential to impinge on the patients care should be declared to the patient. 59. Doctors who provide capital towards health services in the private sector are entitled to expect a reasonable return on investment. Where there may be a conflict of interests, the circumstances should be disclosed and open to scrutiny. 60. Like all professionals, doctors have the right to fair recompense for the use of their skillsand experience. However, motives of profit must not be permitted to influence clinical judgement. 61. Doctors should insist that any contracts into which they enter, including those involving patients, be written in clear language such that all parties have a clear understanding of the intentions and rules. 62. Doctors who find themselves in a potentially controversial contractual or commercial situation should seek the advice of a suitable colleague or organisation.
Medical Responsibilities in Prioritising Care

63. Doctors have a primary responsibility to the individual patient, but also a concurrent responsibility to all other patients and the community. Doctors therefore have an ethical responsibility to manage available resources equitably and efficiently. 64. Rationing of resources must be open to public scrutiny and points of conflict identified and presented in a rational, non-biased manner to the public. 65. Patients must be able to trust their doctor to deal with their needs fairly and honestly. Doctors should, within reason, provide adequate information to their patients about their assessment and available treatments, including those not readily available. 66. In an environment of resource constraint, priorities need to be assigned to achieve the wisest use of limited resources. Doctors have a duty to work with others in developing rules to set priorities. Doctors also have a duty to abide by such rules, provided the rules conform to ethical principles. The rules should be just, open, valid, and reliable.
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Medicine and Industrial Action

67. It is recognised that certain extreme circumstances may lead to consideration of industrial action by doctors. Such action is not always unethical, even if it compromises care to individual patients, which is contrary to one of the ethical principles. However, a decision to take industrial action must be based on a reasonable expectation that the desired outcome will result in improved patient care and safety. A doctors primary duty is to their patient, but the secondary duty to all other patients may mean that action has to be considered. In the case of industrial action, doctors should take care to minimise any detrimental effect on patient care. Services to preserve life and prevent permanent disability must always be provided. Self interest alone by individuals or the profession is not an ethical basis on which to take action. This code will undergo major review by May 2013. However, minor changes may be introduced before then in response to further alterations in the environment in which medicine is practised. To this end, the NZMA welcomes feedback and comment on this code at any time.
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CHAPTER 23 Advertising
Steven Lillis is a general practitioner in Hamilton, and Medical Adviser for the Medical Council of NewZealand. Cite this as Lillis S 2013. Advertising. Chapter 23 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Introduction Statement on advertising
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Patients are not consumers in search of a commodity. There is a unique vulnerability that comes for want of relief from disability and disease, and patients are unlikely therefore to be capable of defending themselves with the incredulity they may normally bring to other forms of advertising.1
Introduction
Medicine has had a difficult and tense relationship with advertising. There have been a significant number of formal complaints upheld against doctors in NewZealand over advertising in recent years. This suggests a poor understanding of advertising in a medical context as well as a degree of naivety over the consequences of advertising that breaches guidelines. Perceived problems with advertising led to American physicians being prohibited from advertising for 130 years, change occurring only in 1975. Thechange was brought about by positioning health care as a business no different from any other and therefore a prohibition on advertising was seen as a restraint of trade. Thecontrary view is that good decision making in medicine represents a very different interaction from the majority of consumer decisions. There are convincing ethical views that support tight control on advertising. T heethical considerations centre around three themes: the vulnerability of those with illness and disease, the power implications of an imbalance in knowledge and the commitment of health practitioners to use limited health resources wisely. Mark Yarborough cautions that advertising may transform the doctor/patient relationship primarily into a means of making money rather than a means of serving and promoting the best interests of the patient as determined by the patient.2 Those who perceive themselves as ill may be frightened, vulnerable and powerless. Theyseek health care professionals who profess to have specialised knowledge and who profess to act only in the patients best interest. Thepurpose of advertising is to generate income. Itdoes so by providing limited but alluring information about a product or service that will meet a real, perceived or generated need. There is an assumption in such a transaction that the consumer is a free agent. This is, of course, incorrect concerning medical treatment. Aside from the vulnerability that goes hand in hand with many illnesses, there is an imbalance of knowledge between doctor and patient. Thelimited and potentially biased information given in advertising may give rise to unrealistic expectations in those considering treatment. These expectations may have adverse consequences in subsequent interactions between doctor and patient.
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Statement on advertising
heMedical Council has produced several publications that act as guidelines for those T wishing to advertise their medical services and these are available from the Council website. Themost important of these is the Statement on advertising. Thestatement covers legislation for health related advertising set by the Advertising Standards Authority but also describes additional requirements the Council has described regarding advertising. Some principles from that statement are: Responsibility you are responsible for the content even if you delegate the task to another person. Responsibility exists for advertorials in media such as TV and radio as well as more traditional newspapers and magazines. Content the key words are truthful and balanced content. Should complaint occur, the claims made in an advertisement may well be examined with a close eye on the medical and research evidence to substantiate those claims. T heuse of images must also be balanced and fair. This especially applies to before and after photos. Qualifications the term specialist has special meaning under Councils guidelines and refers to a doctor who has vocational registration. I fadvertising, you should not claim to have specialist knowledge or be a specialist in a particular area of medicine unless you hold vocational registration in that area. Discounting advertisements that offer discounts are not acceptable. Such incentives are aimed at inducing reflex decisions about buying a product or service. Decisions regarding medical care are not served well by promoting quick decisions. I nparticular, advertising that promotes limited time offers runs contrary to many of the principles of informed consent and good decision making. Offering medical services as prizes or gifts is inappropriate when this is done to promote a commercial service of for financial gain. Endorsing products the Medicines Act prohibits the endorsement of medical products,treatments or medicines. Anyother endorsements need to be evidence based. More comprehensive descriptions of these principles are available from the Statement on Advertising and this information is not intended to be a replacement for the statement. TheAdvertising Standards Authority also provides useful information on standards relevant to therapeutic products or therapeutic services. Doctors responsible for poorly considered advertising can be investigated by a number of bodies including the Health and Disability Commissioner, the Medical Council and the Commerce Commission. Legislation relevant to advertising includes: TheCode of Health and Disability Services Consumers Rights TheFair Trading Act 1986 TheConsumer Guarantees Act 1993 TheMedicines Act 1981 TheTherapeutic Services Advertising Code TheTherapeutic Products Advertising Code.
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References
1. Tomycz ND2006. Aprofession selling out: lamenting the paradigm shift in physician advertising. JMed Ethics; 32 (1): 2628. 2. Yarborough M 1989. Physician advertising: some reasons for caution. South Med J; 82(12): 153844.
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CHAPTER 24 Doctors who use complementary and alternative medicine

Shaun Holt holds pharmacy and medicine degrees and is an Adjunct Professor at Victoria University of Wellington where he teaches courses on clinical trials and evidence based natural therapies. Cite this as Holt S 2013. Doctors who use complementary and alternative medicine. Chapter 24 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
What is complementary and alternative medicine (CAM)? How CAM can harm Evidence based CAM Medicolegal guidance
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What is complementary and alternative medicine (CAM)?

Treatments that are not commonly used in mainstream medical practice have been given a number of names over the years, from quackery to unproven to unorthodox to unconventional. Themost widely used current description is complementary and alternative therapies and medicines, shortened to CAM. Complementary therapies are health care and medical practices that work alongside traditional medical treatments, but are not currently an integral part of conventional medicine, whereas alternative therapies are used instead of standard medical treatments. There are hundreds of CAM therapies and The National Centre for Complementary and Alternative Medicine, a United States government agency that carries out scientific research on complementary therapies, classifies them into five categories: Alternative medical systems have a completely different theory and practice to the conventional Western way of understanding and treating medical problems. Some of these systems were developed in the Western world, such as homeopathy, but most originate in other parts of the world, particularly in the East, such as acupuncture. Inaddition to homeopathy and acupuncture, they include ayurvedic medicine from India and traditional Chinese medicine. Manipulative and body based systems are methods of treating a person by way of moving part(s) of the body, or by using substances on/in the body for their physical properties (for example water, heat or oxygen) rather than for their pharmacological properties. Such systems include acupressure, Alexander technique, chiropractic, colonic irrigation, craniosacral massage, cupping, ear candling, Feldenkrais technique, hyperbaric oxygen, iridology, massage therapy, osteopathy and reflexology. Mind body interventions harness the undoubtedly powerful but currently poorly understood power of the mind to influence a persons physical health. Agood example of such an intervention would be the placebo effect, which can lead to improvements in 90 percent of people with some medical conditions. Other examples, some of which have proven benefits while others do not, include aromatherapy, art therapy, biofeedback, hypnosis, hypnotherapy, meditation, music therapy, psychic surgery, qigong, reiki, shiatsu, spiritual healing, tai chi and yoga. Biologically based therapies fit most closely with modern medical practice in Western countries, whereby medicines are often taken to relieve symptoms or even cure medical conditions. They include herbs, supplements, vitamins and diets, which are considered to be complementary therapies if they have not been fully accepted by the majority of traditional health care professionals. Energy therapies aim to harness invisible energy fields in order to improve health. There is a wide range of credibility in this category, ranging from measurable, proven energy therapies such as transcutaneous electrical nerve stimulation (TENS), through to implausible and unproven ones such as crystal healing and magnetic therapy.
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CAM use is increasing and there are now more visits to CAM practitioners than there are to primary care or family doctors in many developed countries. Aninteresting aspect of CAM use is that it is almost totally patient driven. Proponents and consumers of CAM will often say that they are worried about the safety of conventional medicines and medical procedures, that the doctor patient relationship is unsatisfactory for them in terms of the perceived power disparity, and that traditional Western medicine treats them as a disease to be cured rather than a person to be healed. hevast majority of NewZealanders take dietary supplements or use CAM.1, 2 Despite this, T health professionals receive little if any training on this subject and often the patient may know more than the health professional they are consulting with. Studies investigating the knowledge of health care professionals show that they mostly rate their knowledge in this area as inadequate and are not confident in answering patient enquiries, but they do want to learn more.3
How CAM can harm

There is a widespread misconception that CAM is safe because it is natural. N otonly is this not true, but CAM can harm in a number of ways that may not be immediately apparent.
1. Direct harm
Adverse events from CAM can range from a trivial stomach upset from a herbal preparation to serious injury, disfigurement or even death. Many of the drugs that are used in everyday medical practice are of course extracts from plants themselves. Many more are closely related to plant extracts in other words, natural products can be every bit as powerful (and harmful) as prescription medications. CAM proponents argue that severe side effects are rare and to a large degree they are correct. However, it is also likely that side effects are more common than is claimed, because unlike for conventional medicines, there are no good systems in place to monitor side effects from CAM therapies.
2. Indirect harm
(i) Delay. Ingeneral terms, the earlier a disease is detected and treated the better the outcomes will be. Delays in using conventional, proven, effective treatments, due to decisions to try CAM therapies first, can lead to much worse outcomes including death. (ii) Substitution. Areal danger arises when CAM is used as an alternative to proven medical treatments. This can lead to delays in seeking medical treatment, as described above, or even not seeking medical treatment at all. Although homeopathy, for example, can not cause any direct harm, harm can result in other ways, including if it used as a substitute for proven medical treatments or if it delays medical therapy.
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3. Badadvice
Most CAM practitioners are not trained health care professionals. They have little or no training in anatomy, physiology, pharmacology, microbiology and many other areas of knowledge that health care professionals must have in order to give sound advice, diagnose and treat patients effectively. Without this training many CAM practitioners give out bad advice which can of course be dangerous in itself or cause harm in other ways. There is a whole spectrum of advice quality, from excellent to appalling, and the problem for laypeople is knowing which advice can be relied on.
4. Psychological harm
People with cancer and other serious diseases are often emotionally and psychologically very vulnerable. Extravagant claims for unproven therapies can give a patient false hope. Denial is one of the stages in the grief process that occurs with a diagnosis of a serious disease. Badadvice leading to false hope, from misguided or deliberately dishonest CAM practitioners, reinforces this denial stage, interfering with the natural process of grief (which leads to the acceptance phase) and therefore causes psychological harm.
5. Financial harm
It has been estimated that around US $1 billion per year is wasted on CAM therapies for cancer that do not work, around the same amount that is spent each year on cancer research. Anymoney spent on a CAM therapy that does not work is wasted and there are many sad reports of people who, not wanting to leave any stone unturned, have spent all their savings or even lost their family home, trying a variety of expensive and ineffective treatments.
Evidence based CAM

Most CAM therapies are not supported by robust clinical trial data, but instead by some or all of: word of mouth, anecdote, inaccurate media reports and exaggerated and inaccurate marketing claims. There are three main reasons why people may think that a treatment, CAM or orthodox, works when in fact it does not. 1. Placebo effect this is a beneficial effect, an improvement in health or a reduction in symptoms, that occurs when a treatment is administered but is not due to the treatment itself, but instead, is a result of complex mind body interactions whereby the expectation of a benefit from a treatment actually results in real benefits. Depending on the condition, up to 90 percent of patients can have an improvement in their health when taking a placebo, which is usually an inert substance such as a sugar pill that looks like a real treatment. Upto 3040 percent improvements are common in clinical trials in participants who are in the placebo group. 2. Natural history the role of the natural history of the illness when looking at whether a treatment works is often overlooked. Natural history refers to the likely course of events of an illness if it is not treated. Forexample, symptoms of the common cold will generally last 34 days and a cold sore will generally last 56 days without specific treatments. I nother words, many illnesses will simply get better by themselves over time as the body heals itself.
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3. Additional measures often when a person is ill they will do several things to get better at the same time, but they may attribute the recovery to a single therapy. Forexample, a person with chronic fatigue syndrome may think that they got better because of the homeopathic remedy that they used, whereas the real reason (if not placebo effect or natural history) could be that they also changed their diet, started doing more exercise or some other lifestyle change. Controlled clinical trials factor in these and other sources of error as, although they will still be present to some degree, they will be present to around the same level in both the active and control groups, and therefore the difference between the two groups will be due to the treatment under investigation. This of course applies equally to the investigation of orthodox medical treatments as well as CAM. heNew England Journal of Medicine summarised the requirement for CAM therapies to be T supported by robust research as follows: There cannot be two kinds of medicine conventional and alternative. There is only medicine that has been adequately tested and medicine that has not, medicine that works and medicine that may or may not work. Butassertions, speculation and testimonials do not substitute for evidence. Alternative treatments should be subjected to scientific testing no less rigorous than that required for conventional treatments.4 Some recommended sources of reliable information on CAM are listed in the resources section.
Medicolegal guidance
The Medical Council issued an updated statement on CAM in March 2011 and it is strongly recommended that doctors who recommend or practise CAM therapies are familiar with the contents.5 The statement was written to inform doctors of the standards of practice that are expected of them by the Council should they choose to practise CAM or if they have patients who use CAM. Itmay be used by the Health Practitioners Disciplinary Tribunal, the Council and the Health and Disability Commissioner as a standard by which a doctors conduct is measured. hekey points are that when CAM therapies have demonstrated benets for the patient and T have minimal risks, and patients have made an informed choice and given their informed consent, the Council does not oppose their use, and that no doctor: will be found guilty of a disciplinary offence under the Health Practitioners Competence Assurance Act 2003 merely because that person has adopted and practised any theory of medicine or healing if, in doing so, the person has acted honestly and in good faith. Therefore the key issue is the strength, if any, of research evidence that supports the practice, as this underpins whether it has demonstrated benefits. Previous decisions by the Medical Practitioners Disciplinary Tribunal also provide important guidance as to what is expected of doctors in this regards. F orexample decision 02/89D stated: Whilst section 109(4) recognises that a practitioner is not to be found guilty merely because he has adopted or practised a theory of medicine or healing, it does not follow that his adoption and practice of any theory of medicine or healing is by itself a sufficient answer.6
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In another case the Tribunal stated, among other things: Where a registered medical practitioner practises alternative or complementary medicine, there is an onus on that practitioner to inform the patient not only of the nature of the alternative treatment offered but also the extent to which it is consistent with conventional theories of medicine and has, or does not have, the support of the majority of practitioners. T heTribunal recognises that persons who suffer from chronic complaints or conditions for which no simple cure is available are often willing to undergo any treatment which is proffered as a cure. Assuch, they are more readily exploited. Thefaith which such persons place in practitioners offering alternative remedies largely depends on the credibility with which such practitioners present themselves. Where such remedies are offered by a registered medical practitioner, it is difficult to escape the conclusion that the patient derives considerable assurance from the fact that the practitioner is so registered. I tfollows, therefore, that a registered medical practitioner cannot discharge his or her obligation to treat the patient to the acceptable and recognised standard simply by claiming the particular treatment was alternative or complementary medicine.7 In assessing complaints or concerns related to the practice of a doctor who has adopted or advocated CAM investigations or treatments, the Medical Council will apply the standards that have been developed for reviewing the competence of any practitioner. I nthe case of CAM practices it will particularly consider the above comments. TheHealth Practitioners Disciplinary Tribunal will also consider whether: the methodology promoted for a diagnosis is reliable the risk/benefit ratio for any treatment is acceptable the treatment is extrapolated from reliable scientific evidence or is supported by a credible scientific rationale there is a reasonable expectation that the treatment will result in a favorable outcome compared with placebo the practitioner is excessively compensated for the service (ie, is there any suggestion ofexploitation?) informed consent has been adequately documented in the medical record. nassessing the performance of a doctor practising CAM, the Council will not attempt to evaluate I the alternative therapy itself, although the critical appraisal skills of doctors may be of concern. Theusual domains of competence are assessed, rather than the principles of CAM practice.
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Resources
Web
Scientific evidence for popular supplements http://www.informationisbeautiful.net/play/snake-oil-supplements Mayo Clinic http://www.mayoclinic.com/health/alternative-medicine/PN00001 National Centre for Complementary and Alternative Medicine (NCCAM) http://www.nccam.nih.gov
Books
Ernst E et al 2008. Oxford handbook of complementary medicine (Oxford Medical Handbooks). ISBN 10: 0199206775 Hoffman R, FoxB 2008. Alternative cures that really work. ISBN 10: 1594864535 Holt S 2010. Complementary therapies for cancer. ISBN: 9781877517211
Journals
Focus on alternative and complementary therapies (FACT) http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)2042-7166 Complementary therapies in medicine http://www.elsevier.com/wps/find/journaldescription.cws_home/623020/description
NewZealand Training course

8 hour RNZCGP CME approved DVD course http://cammasterclass.weebly.com
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References
1. Holt S, Holt A, Erasmus P at al 2010. Asurvey of use and knowledge of vitamins and supplements in the Bay of Plenty, NewZealand. NZMJ 29 January. 2. Nicholson T 2006. Complementary and alternative medicines (including traditional Maori treatments) used by presenters to an emergency department in NewZealand: a survey of prevalence and toxicity. NZMJ. 5 May. 3. Holt S, Gilbey A 2011. Asurvey of NewZealand general practitioners understanding of CAM therapies and recommendations they make. Focus on Alternative and Complementary Therapies (June): 18990. 4. Angell M, Kassirer JP 1998. Alternative Medicine the risks of untested and unregulated remedies. NEng J Med; 339: 83941. 5. Medical Council of NewZealand. Statement on complementary and alternative medicine, March 2012. (http://www.mcnz.org.nz/assets/News-and-Publications/Statements/ Complementary-and-alternative-medicine.pdf). 6. http://www.mpdt.org.nz/decisionsorders/precis/0289d.asp 7. www.mpdt.org.nz/decisionsorders/decisions/0289dfindings.pdf
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CHAPTER 25 Doctors and interventions with well people

John Adams is Chairman of the Medical Council and Dean of the Dunedin School of Medicine. Michael Thorn is the Medical Councils senior policy adviser and researcher. H ehas previously worked for the Office of the Health and Disability Commissioner and the Wellington Regional Public Health Service. Cite this as Adams J, Thorn M 2013. Doctors and interventions with well people. Chapter 25 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Introduction Issues Discussion and recommendations for doctors
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Introduction
Increasingly, doctors are becoming involved in procedures and interventions sought by people for lifestyle or image reasons, where there is no medical condition, no improvement in health results and there is a charge directly to the person not covered in the health system. Examples are interventions requested to improve appearance, cosmetic surgery without medical indication and some alternative medicine interventions. Sometimes these interventions are delivered by doctors in organisations that are not primarily medical (beauty clinics for example), and by personnel working alongside doctors who have no medical training. These developments highlight important issues for the profession and for the regulation of these activities.
Issues
Doctors being involved in these interventions, raises ethical, resource and regulatory issues. Involvement in nonessential treatments can be attractive to doctors. I nmany circumstances, there are few complex diagnostic or investigative issues to be grappled with, the people are well, they are generally grateful for the intervention, there is limited ongoing responsibility, and it can be lucrative. Having a doctor associated with some services lends credibility to the service and promotes the doctor. Especially for appearance medicine, this seems to be uncomplicated work, with limited responsibility and reasonable revenue. However, there are questions to be asked about doctors using their medical skills in this way. F orinstance, is it reasonable ethically when medical skills to treat patients are in short supply elsewhere? hecapacity for this field to medicalise everyday problems and exploit people is obvious. T Offers to europeanise facial features or alter genitals to what is considered the norm, walk a fragile line that it is easy to tip over from into prejudice and discrimination. Advertising in an ethical way is a prominent issue. Competition promotes interprofessional rivalry. Many of the problems that arise are driven by income and financial concerns, which appear to strike at the heart of the altruism that is expected as a part of professional practice.
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Discussion and recommendations for doctors

Some doctors feel that because they are working at a beauty therapy clinic, or outside their normal practice, that they are absolved from the kinds of professional and regulatory expectations that apply elsewhere. Butas Daniel Sokol1 reminds us, you are a doctor, not a tattoo artist. doctor is always a doctor. When working with people in any context the professional, A including ethical, principles that guide our profession continue to apply. Adequate followup of treatments, communications with someones usual doctor and adequate records, are some of the usual professional obligations that continue to apply, whatever the nature of the practice. TheMedical Council will expect that doctors always practice within the standards and guidelines it sets down. recent comprehensive report on cosmetic medical and surgical procedures prepared A under the auspices of the Australian Health Ministers Conference,2 pointed out that safe interventions for consumers involved five interdependent elements the procedures, the promotion of the procedures, the practitioner, the patient and the place. Procedures need to be safe. Theuse of drugs, chemicals and technology, including laser is expanding. Asa doctor there is an ongoing responsibility to ensure that procedures have been adequately researched and that any harm they may cause is within acceptable limits. Even apparently simple interventions like face peels can cause problems. Advertising must meet the Councils guidelines. I fa doctor is associated with a service, particularly if that doctors association is used to increase the credibility of the organisation, the doctor has a responsibility to make sure that standards are met. This includes offering discounts, specials or prizes. People must have the freedom to reflect on decisions about nonessential treatments, without being driven to decide something by time limits for reduced prices. heCouncil expects that doctors have adequate training in procedures they perform, have T systems to maintain that competence, adequate supervision and recognise their limits. Titles are important. People should not be misled. T heCouncil has taken steps to regulate some aspects of cosmetic practice and has a comprehensive statement on the issue. Because performing elective procedures may involve a conflict of interest, informed consent is central to doctors responsibilities in this area. Health consumers need to know potential outcomes, risks and costs fully and recommendations for expensive treatments have to be put in context of their necessity and alternatives. Doctors have to make sure that the persons expectations about outcome are realistic. Sometimes this might mean that you need to persuade your patient that a cosmetic procedure is not the solution. There should be sufficient consultation time for the patient and thoroughness from the doctor, for a complete history and relevant examination to be undertaken. Facilities need to support a doctors work. Simple issues like the provision of privacy for consultation, examination equipment and a couch for examination if needed can be of crucial importance if a doctor is asked later why they did not perform appropriate examinations and investigations.
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Doctors are also capable of being exploited. Organisations set up to profit from nonessential interventions want doctors involved to add credibility and deliver their product or intervention. T hesystems that such organisations have in place do not always meet the professional and medical practice standards that will be expected of doctors. Doctors need to be sure that they are adequately supported and that the systems are robust and safe. Onceyou are associated with an organisation, you share some of the responsibility. nthe transition from caring for the unwell patient who needs care, to caring for the well I patient who chooses to have care, it is easy to slip into business mode. T hepatient becomes the client and your relationship with them changes. Butit is important not to lose sight of your role as a doctor, your duty to protect patients from harm, and the conflicts that arise when you are rewarded for providing such services.
References
1. Sokol DK 2008. Theharms of medicoplasty. BMJ; 337: 844. 2. Australian Health Ministers Advisory Council 2012. Cosmetic medical and surgical procedures, a national framework. http://www.health.nsw.gov.au/pubs/2012/cosmetic_surgery.html
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CHAPTER 26 The pharmaceutical industry and the profession

Barnett Bond is a general practitioner on Waiheke Island and has been a member of the Medical Council. Cite this as Bond B 2013. T hepharmaceutical industry and the profession. Chapter 26 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Prescribing Research Summary
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Inevitably there is a close relationship between doctors and the pharmaceutical industry. Doctors prescribe drugs, design and execute drug trials, advise individual drug companies, are employed by drug companies, and receive drug company sponsorship for a range of activities. While some pharmaceutical companies adhere to codes of ethics, others do not. This coupled with the susceptibility of some doctors to accept pharmaceutical company generated data as their sole source of information about a drug, has led to serious patient harm including deaths. Intense media interest in such cases has brought the relationship between doctors and pharmaceutical industry into sharp relief, and the public and patients are no longer excluded from the debate. sa starting point there is a fundamental difference in the focus of the two players in this; A the doctors primary focus must be on the well being of the patient; the pharmaceutical companys primary focus is on profit. Itis not a level playing field; pharmaceutical companies have vastly more resources available to influence the way doctors work than doctors have to resist them. Medicines NewZealand a voluntary organisation, which has as members all the large pharmaceutical companies) has a code of ethics which recognises the potential for patient harm and covers many aspects of the pharmaceutical industry interactions with doctors. Forexample, in the section on Direct to consumer advertising, it contains this advice, Information directed to consumers should be accurate, balanced, not misleading and due consideration should be given to the role of the health care practitioner. NewZealand and the United States are the only two OECD countries in which direct to consumer advertising is legal. Other countries have chosen to mitigate the risk this activity presents to patients, by making it illegal. handful of medical colleges worldwide have also responded to public criticism by writing A codes for their members. T heAmerican Psychiatric Association (APA) has eliminated all industry sponsored symposia at its annual meeting. TheRoyal Australasian College of Physicians (RACP) has a code of conduct for its members giving advice on member interactions with the pharmaceutical industry. hemarketing techniques of pharmaceutical companies have successfully influenced T prescribers, and have resulted in patient harm. n2012 Glaxo Smith Kline (GSK) will pay $3 billion to the United States Department of I Justice in the largest fraud settlement in US health care history. Itis alleged that GSK promoted off label uses of drugs and failed to report safety risks. I none example it promoted (by the creation of a medical journal article) the use of the antidepressant paroxetine as being safe in paediatrics when several previous journal articles had refuted this. GSK has also pleaded guilty to failing to report safety data around cardiovascular risks with the use of the diabetic drug rosiglitazone. fthe sum of $3 billion seems eye wateringly large, note that the US pharmaceutical industry I as a whole expects to pay a total of $89 billion in fines in 2012 and that GSK had a taxable profit of $44 billion in 2011.
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sthis an isolated case? Sadly no. Almost every major pharmaceutical company in the US has I paid millions of dollars in fines or reached a settlement with the US Department of Justice over fraud cases in the last decade. I n2010 the pharmaceutical industry reached the dubious distinction of passing the notoriously corrupt defence contracting business in the dollar value of fines paid. Acynical view might be that the cost of the fines has simply been factored in to the cost of doing business for these companies because the fines do not come close to the additional profit made from the fraud. Terfenadine and rofecoxib (Vioxx) are just two recent examples of widely prescribed drugs that caused serious morbidity and death before being withdrawn from the market. Advertisements for drugs for mild to moderate depression do not allude to the studies showing that regular physical exercise is as effective an antidepressant for many (not all) patients as tricyclics and SSRIs. Doctors should exercise good judgment and not look to a company for impartial critical education about any product it sells.
Prescribing
After diagnosis, there are a number of steps that should precede the writing of a prescription. What are the available options for altering the natural history of this disease? What is the best choice of an appropriate drug, or nondrug therapy. Itis this last step that the pharmaceutical industry has an intense interest in influencing. Inthe most affluent countries in the world the prescribing of pharmaceuticals is tightly regulated and the sales are determined almost exclusively by the medical profession. Therefore a pharmaceutical company will do considerable work to persuade doctors that: drug therapy is superior to nondrug therapy, and a particular agent (theirs) is superior to all other agents. Changing doctors prescribing behaviour is not easy. Sustained effort on a number of fronts is necessary. Thus there are advertisements in medical journals, and other publications, direct to doctor mailings and incentives offered to doctors to prescribe specific agents. Pharmaceutical company personnel will arrange general practitioner access to specialists who will endorse prescriptions for restricted drugs. Detailing by company representatives is common, as are sponsored medical education sessions, and sponsorship of medical conferences. I fa doctor fails to manage successfully the inherent conflicts of interest which arise from these interactions with the industry, then best patient care will be compromised. This will occur if the doctor: allows his relationship with a pharmaceutical company to result in a prescription that is not the best treatment for his patient allows the clinical trial data the pharmaceutical company has presented to him to be his sole source of education allows biased or incomplete trial data to influence his prescribing.
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Many doctors claim that their relationships with the pharmaceutical industry do not influence their prescribing. Thepharmaceutical industry does not share this view and has data to prove it. Relationships between health care professionals and industry can lead to confusion about goals. Both health care decision making and the conduct of research have been profoundly affected by pharmaceutical companies, in ways that are not beneficial to patients. There are a number of objective studies that show that the pharmaceutical industry is successful in influencing doctors prescribing. Inaddition, pharmaceutical companies themselves track sales (ie, prescriptions written) figures by region. Drug promotion is a sophisticated commercial activity with the intention of overtly and covertly altering doctors thinking. Considering the level of investment they make, it is not surprising that pharmaceutical companies promote their products with the most effective marketing tools available. Onearea of very high risk is where pharmaceutical companies seek to be involved in the production of educational material for doctors. Doctors need to recognise that, like other consumers, they are susceptible to marketing and should actively seek unsponsored objective education about new drugs so that patient care is not compromised. Finally the medicalisation of conditions formerly viewed as lifestyle or behavioral matters and, as noted previously, the expansion of existing diagnostic criteria to make increasing numbers of patients eligible for drug therapy, are areas where the pharmaceutical industry takes a keen interest. Therecent proposed expansion of the DSM IV criteria for Attention Deficit Hyperactivity Disorder and the influence that the industry is exerting to promote these proposed changes is a case in point. There is clear ambiguity in the advantage to those currently (and those who will be) diagnosed, and the long term effects of current drug therapy are unknown.
Research
There are number of areas of potential conflict of interest for doctors here: Doctors who are researchers can have a direct financial interest in the design or the conduct or the outcome of a clinical trial Individual researchers are increasingly becoming involved with the commercialisation of their own work Individual researchers sometimes retain the intellectual property to their own work Financial compensation for doctors who are investigators in clinical trials sometimes appears to be at a level that is not commensurate with the work performed Researchers sometimes stand to gain in nonprofit ways from the results of clinical drug trials Researchers sometimes have to make a decision about whether to publish unfavourable results, as a result of which future financial rewards, and future employment with the pharmaceutical company may be lost.
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Doctors who are researchers need to be aware that, unless these risks are managed properly, the results of their research will be seen as neither reliable nor impartial. There are documented cases where patient care has been compromised (including death) by the implementation of the results of such research. Atthe trial design stage, the doctor must consider whether the proposed study sets out to answer questions which are sufficiently important to justify the study, whether the risks to which the patients are exposed are reasonable, considering the likely benefits, whether the study design is appropriate, and whether patients will be able to consent freely with appropriate levels of informed consent. When a doctor is involved in research he must declare apparent conflicts of interest to the ethics committee which is involved in approving the trial. Thedoctor must allow others to determine whether the apparent conflicts are potential or real, and must take steps to separate the conflicts by withdrawing from or curtailing certain activities and by delegating these functions to others. H emust communicate these decisions to fellow researchers and to the participants in the research.
Summary
In spite of widely held notions by doctors of immunity to their influences, the activities of the pharmaceutical industry do affect the behaviour of doctors in ways that are not always conducive to providing the best patient care. Unless these risks are managed appropriately doctors will be breaching ethical and sometimes legal boundaries. T heCode of Health and Disability Services Consumers Rights makes reference to patients who are subject to research (right 9). When considering whether or not to interact with the pharmaceutical industry doctors should ask themselves, Might there arise a conflict of interest in this activity which could compromise my ability to provide impartial and best quality patient care?
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CHAPTER 27 How medical practice standards are set by legislation 1: theHealthPractitioners Competence Assurance Act
David Dunbar is the Registrar of the Medical Council of NewZealand. Cite this as Dunbar D 2013. Howmedical practice standards are set by legislation: the Health Practitioners Competence Assurance Act. Chapter 27 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Registration Practising certificates Scopes of practice
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General scope of practice (and provisional general scope ofpractice) 215 Vocational scopes of practice (and provisional vocational scopes of practice) 215 Special purpose scopes of practice Recertification Professional standards Interim suspension or imposition of conditions Health Practitioners Disciplinary Tribunal (HPDT) 216 216 216 218 218
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The regulation of health professionals in NewZealand is governed by the Health Practitioners Competence Assurance Act 2003 (the HPCAA 2003). Theprincipal purpose of the HPCAA 2003 is to protect the health and safety of the public by establishing mechanisms to ensure that health practitioners are competent and fit to practise medicine. This provides the framework for the policies, procedures and standards applied by the Medical Council of NewZealand (the Council) to the regulation of doctors. heintention of the HPCAA 2003 is to increase consistency, transparency and efficiency T in the regulation of health professionals. Inapplying the mechanisms under the Act, the Council applies the principles of natural justice, with the Council striving to make well informed and reasoned decisions. heHPCAA 2003 details a number of important functions that the Council is required to T perform, including but not limited to: determining scopes of practice and qualifications required for registration registering doctors in specific scopes of practice requiring doctors to demonstrate competence at registration and maintenance of competence when applying for practising certificates conducting competence reviews (performance assessments) and requiring programmes for up-skilling or retraining of doctors who are not practising at the required standard receiving notifications of any mental or physical conditions affecting the fitness of a doctor to practise medicine (referred by Council to its Health Committee where necessary for expert assessment and follow up) setting standards of cultural and clinical competence, and ethical conduct accrediting branch advisory bodies,1 medical schools and intern runs.
Registration
Under the HPCAA 2003, Council is required to define what falls within the practice ofmedicine in NewZealand in terms of one or more scopes of practice. These scopes of practice, define aspects of the practice of medicine and the health services that a doctor may provide within the scopes. heHPCAA 2003 requires that each doctor must be fit to practise, hold a relevant T qualification prescribed by the Council, and be competence to practise within the scope of practice applied for. These prescribed qualifications will vary between the different scopes of practice. Inmany cases, a prescribed2 qualification will be an identified medical degree, or fellowship of a medical college, but in some cases the Council will require a combination of a medical degree, and additional training, or approved experience. I nsuch cases, the doctor will be required to meet all these requirements before he or she will be recognised as holding the prescribed qualification.
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nassessing an application for registration, the Council may consider placing one or more I conditions on a doctor's scope of practice. Examples include conditions requiring a period of supervision in a specified position or identifying a form of assessment that must be completed upon which the limitation may be removed. Such conditions do not necessarily suggest an identified competence, conduct or health concern. Instead, they enable a doctor to be registered in a practice context that best corresponds to the areas that the doctor has previously worked in, or been formally assessed in.
Practising certificates
A doctor must hold a practising certificate to practise medicine in NewZealand. Thepractising certificate is valid for a period of time, up to 1 year. Thecertificate records the doctors registered scope(s) of practice, place of work, supervision requirements and/or conditions (if applicable).
Scopes of practice General scope of practice (and provisional general scope ofpractice)
ewZealand and Australian medical graduates who have completed their internships N in either country are eligible for registration in a general scope of practice after a year of provisional registration and supervised practise. These graduates will have a year of provisional registration first (which is the internship). International medical graduates (IMG) who apply for registration in NewZealand in a general scope of practice must first be eligible or become registered in a provisional general scope of practice. This allows Council to determine whether a doctor is able to work at the required standard required in the NewZealand health system. Doctors registered in a provisional general scope of practice are required to work satisfactorily under supervision in an approved position or positions for 6-12 months consecutively to qualify for registration in a general scope of practice. Once the doctor has satisfied the Council that all conditions have been met under their provisional general scope of practice, they can then apply for registration within a general scope of practice.
Vocational scopes of practice (and provisional vocational scopes of practice)

hevocational scopes of practice are the scopes for specialised medical practice. Thereare T currently 36 different vocational scopes of practice. Each scope has an associated accredited postgraduate training programme and prerequisite (prescribed) Australasian postgraduatequalification.2
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International medical graduates who hold a postgraduate qualification (but not the prescribed Australasian qualification) and who wish to apply for registration within a vocational scope practice, must first be registered within a provisional vocational scope of practice.3 In deciding whether to register IMGs in a provisional vocational scope,the Council seeks advice from the branch advisory bodies. TheBAB will advise Council whether the doctor has training, qualifications and experience equivalent to, or as satisfactory as, that of a doctor trained in NewZealand who holds the prescribed qualification. TheCouncil considers this advice in making its final decision.
Special purpose scopes of practice

The Council provides special purpose scopes of practice for short-term registration. Registration in these scopes of practise is limited in duration and is for a range of defined purposes. They provide registration options for doctors wishing to teach, train, conduct research, work as a locum specialist, assist in an emergency or pandemic scenario in NewZealand or provide teleradiology to NewZealand health services. Doctors may work as a postgraduate trainee registered in a special purpose scope of practice for a maximum of 2 years. This registration option is specifically designed to allow IMGs to work in NewZealand and gain skills and experience that they can take back to their countries of origin. Time registered in a special purpose scope of practice as a postgraduate trainee will not be counted toward gaining registration in any other scope of practice.
Recertification
To maintain the right to practice doctors must meet ongoing recertification requirements. Forthe general scope of practice, this is achieved by maintaining a collegial relationship. Doctors must also meet other continuing professional development (CPD) requirements, including audit of medical practice, peer review and CME). Within a vocational scope of practice, doctors must participate in an approved recertification programme.
Professional standards Competence and performance

The Act permits the Council to review the competence of a doctor to practise medicine at any time, whether or not there is a reason to believe the doctor s competence may be deficient. Commonly, however, such reviews follow formal notification to the Council of potential competence concerns. T heHPCAA 2003 refers to competence (ability) and standard of competence (performance). This distinction means that the ability to practise well is not enough; any assessment also needs to show whether the doctor is actually practising well (ie at the required standard of competence).
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A competence review (also known as a performance assessment) is a broad-based assessment of how the doctor is practising, using a variety of assessment tools (including notes reviews and peer assessment). T heprocess is thorough, and is ultimately in intended to be educative. Iffollowing the assessment, the Council has reason to believe that the doctor does not meet the required standard of competence, the Council must make one or more of the following orders: that the doctor undertakes a competence programme (also known as an educationalprogramme) that conditions be placed on the doctors scope of practice that the doctor sits an examination or assessment that the doctor is counselled or assisted by a named person. nmost cases the Council orders a 12-month education programme, with specific, targeted I standards for the doctor to achieve.
Conduct
The HPCAA 2003 enables the Council to appoint a professional conduct committee (PCC) to investigate complaints about conduct, or to investigate the circumstances of offences committed by doctors. Most complaints about a doctor's conduct the Council receives must first be referred to the Health and Disability Commissioner (the Commissioner)4 and may not be referred to a PCC until the Commissioner informs the Council that: the matter is not being investigated by the Commissioner; or the matter has been resolved by the Commissioner; or the Director of Proceedings5 will not be considering or proceeding with the matter. fa doctor is convicted of an offence punishable by imprisonment for a term of 3 months or I more, the Council will be notified and is required under the Act to refer the matter to the PCC for an investigation (regardless of the actual sentence ordered by the Court). orother matters, the Council has residual power to refer the matter to a PCC if the F Council considers that information in its possession raises one or more questions about the appropriateness of the practice or conduct of the doctor. After considering a case the PCC may make a number of recommendations to the Council, including recommending that Council review a doctors competence or fitness to practise, or scope of practice (including placing conditions on their scope of practice), and in some cases referral to the police. ThePCC may, alternatively, make its own determinations, independent of the Council. These include laying a charge before the Health Practitioners Disciplinary Tribunal (HPDT).
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Interim suspension or imposition of conditions

In association with a review of a doctors competence or conduct, Council has powers in more serious cases to suspend a doctors right to practise, or impose conditions on a doctors scope of practice, for an interim period. T heprocesses differ, depending on whether the core concern relates to matters of competence or conduct.
Conduct
Council may also place an interim suspension on a practising certificate or place conditions on a doctors scope of practice, where Council believes on reasonable grounds that a conduct issue casts doubt on the appropriateness of the doctors conduct in their professional capacity. heAct does not always require that a matter be before a PCC before action can be taken. T TheCouncil may also consider imposing an interim suspension or conditions when a doctors alleged conduct is relevant to a pending criminal proceeding or is being investigated by the Commissioner.
Competence
Where a doctors competence is being or has been reviewed, and the Council considers it has reasonable grounds for believing the doctor poses a risk of serious harm to the public by practising below the required standard of competence, the Council may propose conditions or suspension for an interim period. T hecondition or suspension will remain in effect until the performance assessment is completed or the doctor has passed an examination or assessment required by Council. However, in either situation, Council adheres to natural justice principles and the specific provisions in the Act. Council will first propose its decision and give the doctor the opportunity to provide submissions and be heard by Council before finalising any proposed interim suspension or conditions.
Health Practitioners Disciplinary Tribunal (HPDT)

heHPDT hears and determines charges brought by the Director of Proceedings or by T a PCC. Themain purpose of the HPDT is to protect the health and safety of the public from incompetent and improper conduct by doctors by ensuring that doctors conform to standards reasonably expected from them. doctor can be charged with professional misconduct. Should the doctor be found guilty A then the gravity of the doctors offence is reflected in the nature of the penalty imposed by the HPDT. Penalties could include the cancellation of a doctors registration, suspension for a period of up to 3 years, imposition of conditions, a fine not exceeding NZ$30,000, and censure. Decisions of the HPDT may be appealed to the High Court. TheHigh Court decision is final and can only be appealed to the Court of Appeal on points of law.
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References
1. Section 12(2) of the HPCAA 2003 lists the aspects that may form part of a prescribed qualification, which include training, educational qualification and experience. Once a doctor is registered, their authorised scope of practice is entered on the publicly-available medical register, along with any conditions. 2. Council has a system of accrediting and reaccrediting the postgraduate training and recertification programmes associated with each vocational scope. 3. See 2 4. The Office of the Health and Disability Commissioner was created under the Health and Disability Commissioner Act 1994, to promote the rights of the health and disability services consumers and facilitate the fair, simple, speedy and efficient resolution of complaints. 5. T heDirector of Proceedings (DP) is a lawyer appointed under the Health and Disability Commissioner Act. When the Commissioner has found a breach of consumer rights, he may refer the provider to the DP. TheDP reviews the case and makes an independent decision on whether or not to take any further action.
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CHAPTER 28 How medical practice standards are set by legislation 2: otherlegislation

Michael Thorn is the Medical Councils senior policy adviser and researcher. H ehas previously worked for the Office of the Health and Disability Commissioner and the Wellington Regional Public Health Service. Steven Lillis is a general practitioner in Hamilton, and Medical Adviser for the Medical Council. Cite this as Thorn M, Lillis S 2013. H owmedical practice standards are set by legislation: other legislation. Chapter 28 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Introduction Prescribing medicines Good prescribing practice4 Drugs of abuse14 Standing orders Crimes Act 1961 Withdrawal of care and euthanasia Protecting vulnerable patients Public health Cervical screening Contraception, sterilisation and abortion Assisted human reproduction Advance directives and enduring powers of attorney Fitness to drive motor vehicles Deaths and medical certificates of causes of death
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Introduction
Medicine is a risky business, and where there is risk, governments usually like to enact laws. Many of these laws have a direct impact on the way you practise medicine. Some grant you protections and powers, others place limits on what you can do. I tis important that you have a basic understanding of these laws before they have an impact on your practice. Other chapters in this book deal with specific areas of medical law in detail. TheCouncil also provides a variety of statements, which discuss how aspects of the law apply in particular situations.1 This chapter aims to provide a brief overview of aspects of the law not discussed elsewhere in this book and discuss how they apply to your practice. Much of the law is complex and this chapter is unlikely to answer all of your questions. Ifyou are unsure about something, ask a colleague or an adviser from your medical indemnity insurer. TheActs and regulations mentioned below can all be read online at www.legislation.govt.nz.
Prescribing medicines
The Medicines Act 1981, the Misuse of Drugs Act 1975 and the Medicines Regulations 1984 provide controls over the manufacture, storage, prescribing, dispensing and advertising of medicines. Medicines Control, a regulatory team in the Ministry of Health, is responsible for monitoring and administration of medicines and controlled drugs and staff can provide you with advice on the legislation and your responsibilities.2 The Council has also issued a portfolio of statements on Good prescribing practice which outlines its expectations in the context of these laws.3
Good prescribing practice4

The issuing of prescriptions for prescription medicines is legally restricted. I nparticular, you should be aware that while a doctor can generally prescribe from the full range of approved medicines,5 he or she is only permitted to prescribe for a patient under his or her care and within and in accordance with all conditions (if any) stated in, [his or her] scope of practice....6 The Regulations require that your prescriptions be legibly and indelibly printed and include: your signature (not a facsimile or stamp); the date; your full name, your address; the name and address of the person for whom the prescription is given (and date of birth if they are a child under 13 years); the name and strength of the medicine; the total amount to be dispensed; dose and frequency (and method of delivery in some cases); the number of occasions on which it may be supplied; the interval between each date of supply; and the period of treatment.7 You should also include a contact phone number and medical registration number. Prescriptions for some controlled drugs must be written on a proscribed form and require additional information.8
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oushould also ensure that your prescriptions include all the information needed for Y appropriate dispensing and compliance with subsidy requirements.9 It is wise to avoid using any abbreviations that could be misunderstood. Mistakes, missing information or illegibility can have serious consequences. I tis not permissible to issue prescriptions by email or other 10 electronic means. Faxed or telephone prescriptions are permitted, but only in cases where a medicine is needed urgently. Insuch cases the original prescription must be forwarded to the 11 pharmacist within 7 days. Be aware that the Medicines Act and Regulations are currently under review, and the requirements may well change in the following months. TheCouncil will advise you of any relevant changes, and will update Good Prescribing Practice to incorporate any legislative amendments. Approved medicines and their uses are outlined in MIMS New Ethicals,12 and you should keep a copy on hand. Ifyou prescribe an unapproved medicine (or a medicine for a purpose for which it has not been approved) you should advise the patient of the unapproved status of the medicine and be frank about the standard of support for the use of the medicine and any safety concerns. Youare also required to pass certain details relating to the supply of that medicine to the Director General of Health.13
Drugs of abuse14
The Misuse of Drugs Act classifies some medicines as controlled drugs, and further classifies these according to the risk of harm they pose. Class A controlled drugs are very high risk (for example cocaine, heroin and methamphetamine) and these are almost unprescribable. Class B controlled drugs (high risk) include methadone, morphine and pethidine, while Class C controlled drugs (moderate risk) include codeine, diazepam and temazepam. Inappropriate prescribing of drugs of abuse is unacceptable, both clinically and ethically. Itis usually also against the law. Inparticular you should be aware that it is illegal to prescribe controlled drugs to any person deemed a restricted person by a Medical Officer of Health.15 If you prescribe drugs that have the potential for abuse you should make sure you are aware of any restricted persons living in your area. Lists of restricted persons are maintained through prescriber updates and peer review processes. Ifyou have any doubts about the appropriateness of a request for drugs, especially controlled drugs, it is wise to discuss your concerns with an adviser from Medicines Control.16 Section 48 of the Medicines Act 1981, section 23 of the Misuse of Drugs Act 1975 and the Health Practitioners Competence Assurance Act 2003 empower the Medical Council to inquire into the prescribing of any doctor to consider and determine whether he or she is prescribing inappropriately.17 If the Council has concerns then it can recommend to the Minister of Health that a doctor be prohibited from prescribing all, or specific classes of, prescription medicines. Under section 24 of the Misuse of Drugs Act it is an offence to prescribe, administer or supply a controlled drug to a person you believe is dependent on that drug for the purpose of treating dependency, unless you are an authorised person (or working for an authorised facility). fyou hold or dispense controlled drugs then you are required to keep a controlled drugs I register. Youare also required to keep Class A and Class B controlled drugs and your controlled drug prescription pad in a secure cupboard or compartment, which is of metal or concrete construction.18
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Standing orders
The requirements for initiating and using standing orders are set out in the Medicines (Standing Order) Regulations 2002. These only allow medicines to be administered or supplied to patients by way of a standing order if certain conditions are met. I fyou delegate the administration or supply of medicines to a nondoctor colleague by means of standing orders then you need to make yourself familiar with these conditions19 and with the Ministry of Healths Standing Orders Guidelines.20 If you sign a standing order then the responsibility for the effects of the medicines administered or supplied under that standing order rests with you,21 and you must also countersign the charted treatment or record and put in place a process to monitor and review the correct operation of the standing order.22
Crimes Act 1961

The Crimes Act 1961 imposes a legal duty on those who undertake to administer surgical or medical treatment to have and to use reasonable knowledge, skill and care.23 An omission or failure to discharge this duty without lawful excuse will leave you criminally responsible for the consequences. However, the law also provides you with a degree of protection from prosecution in circumstances where you do administer treatment in accordance with this duty. fyou perform a surgical operation with reasonable care and skill on any person for I that persons benefit then the Crimes Act provides you with protection from criminal responsibility.24 This section applies if the performance of the operation was reasonable, having regard to the patients state at the time and to all the circumstances of the case. Youare also protected if you perform a surgical operation with reasonable care and skill when you have the patients consent and the operation is for a lawful purpose.25 olong as you comply with either of these sections you cannot be charged with a crime such S as manslaughter if something goes wrong. Thecommon law also contains Good Samaritan principles which may protect you from legal action if you perform a procedure in an emergency.
Withdrawal of care and euthanasia

Section 151 of the Crimes Act places legal duties on any person who has actual care or charge of a person who is a vulnerable adult26 to provide himself or herself with neccessaries. Under this section you are required to supply a sick person in your charge with the necessaries and to take reasonable steps to protect that person from injury. Although not defined, necessaries could include medical and hospital treatment. However, the law also recognises a distinction between active killing and merely allowing someone to die by the withdrawal of life support. TheNewZealand Court of Appeal has upheld the withdrawal of treatment in circumstances where the court was satisfied that treatment was futile and merely prolonging death. Under the NewZealand Bill of Rights Act 1990 withdrawal of care necessary to keep someone alive is also permitted if the patient refuses it.27
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In a recent incident a severely physically disabled patient refused to accept nourishment needed to keep her alive. Inthis case her carers made sure that they offered her treatment every day, ensured that she was well informed about the consequences of her decision and documented these discussions. Euthanasia, the provision of treatment when the primary aim is to assist a patient to die, is illegal.28 When a medical or surgical treatment is not for the patients benefit or where it is not reasonable, then a patient death may result in a conviction for murder (if deliberate) or manslaughter. In2001 a doctor was convicted of manslaughter of his mother who was nearing the end of her life. Heinjected her with a cocktail of drugs in significant quantities that she might die and he also strangled her.
Protecting vulnerable patients

You have a responsibility to report suspected child abuse, or abuse of a vulnerable adult patient, as part of your responsibility to patients and the community. Achange to the Crimes Act 1961 in March 2012 made this ethical obligation a legal one. Section 195A states that a staff member of a hospital, institution or residence where a child or vulnerable adult resides commits an offence if he or she knows that the person is at risk of death, grievous bodily harm, or sexual assault and fails to take reasonable steps to protect that person. Section 15 of the Children, Young Persons, and their Families Act 1989 allows you to report ill treatment or neglect of children and young persons to the Police or a social worker. Y oudo not need to seek authorisation from a child or parent before making this disclosure and section 16 provides you with protection from civil, criminal or disciplinary proceedings for doing so (although this protection does not apply if the disclosure is made in bad faith).
Public health
The Health Act 1956 is intended to improve, promote and protect the public health. Itcovers a range of issues, such as ensuring the safety of drinking water and giving certain officials the power to quarantine ships or aircraft. Italso outlines the statutory duties and responsibilities of Medical Officers of Health and sets out when and how doctors must notify infectious and notifiable diseases. Section 74 states that if a doctor has a reason to believe that a patient is suffering from a notifiable disease then he or she must advise their local Medical Officer of Health. T helocal authority must also be informed in some cases. I fthe notifiable disease is infectious, then the doctor must also inform the occupier of the premises and every person nursing or in immediate attendance on the patient of the infectious nature of the disease and the precautions to be taken. helist of diseases and infectious diseases which must be notified are set out in Schedule 1 T and Schedule 2 of the Act. Under the Tuberculosis Act 1949 you must also notify your local Medical Officer of Health of cases of tuberculosis.
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Cervical screening
The Health (National Cervical Screening Programme) Amendment Act 2004 established a national cervical screening programme intended to reduce the incidence and mortality of cervical cancer. Under the Act29 you must tell a woman about the screening programme whenever you take a specimen from her for the purpose of a screening test, or perform a colposcopic procedure. I fthis is the womans first screening test or you are performing a colposcopic procedure, you must also tell her about the importance of having regular screening tests; the objectives of the screening programme; who has access to information on the programmes register; and how that information might be used. Forcolposcopic procedures you must also tell the woman that she will be automatically enrolled on the programme, but may withdraw at any time. Section 112ZB of the Act also states that you must make health information and specimens available to a screening programme evaluator, but the evaluator is bound by strict confidentiality rules to ensure that the patients privacy is protected.
Contraception, sterilisation and abortion

The Contraception, Sterilisation and Abortion Act 1977 and section 174 of the Health Practitioners Competence Assurance Act 2003 outline the duties of doctors in respect of reproductive health services. Ifyou are likely to be approached for contraception, sterilisation or abortion services you should be familiar with the requirements of these complex pieces of law.
Assisted human reproduction

The Human Assisted Reproductive Technology Act 2004 regulates assisted reproductive procedures, prohibits some unacceptable procedures (such as sex selection of human embryos) and prohibits commercial transactions relating to human reproduction. Organisations that wish to perform assisted reproductive procedures or conduct research into reproduction are required to first obtain the written approval of a specially designated ethics committee.30 The Act also establishes an information keeping regime to allow people born from donated embryos or donated cells to find out about their genetic origins.31
Advance directives and enduring powers of attorney

Advance directives and enduring powers of attorney are methods that patients can use to ensure that their treatment wishes are met, even after they are no longer able to communicate those wishes to you.
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nadvance directive is also sometimes referred to as a living will. Right 7(5) of the Code A of Health and Disability Services Consumers Rights32 says that every consumer may use an advance directive in accordance with the common law. T heCode goes on to define an advance directive as a written or oral directive by which a consumer makes a choice about a future health care procedure; and that is intended to be effective only when he or she is not competent.33 This means that a person can make an advance choice about receiving or refusing services. Insome countries there is specific legislation setting out requirements that need to be followed and met before such a directive is legally valid. There is no equivalent legislation in NewZealand, and the validity of an advance directive under common law is currently unclear. Although the law is not clear, there are some steps that it would be prudent for you to take before acting in accordance with a patients advance directive or living will. Youshould ensure that the advance directive was made without undue influence and that the patient was competent and fully informed about the consequences of their decisions. oushould also be satisfied that the patient intended the advance directive to apply to the Y current situation and that they reviewed the advance directive recently. heProtection of Personal and Property Rights Act 1988 allows a patient formally to T nominate someone else to make personal care and welfare decisions on his or her behalf should he or she become mentally incapable. Ifa patient has appointed someone to act as an enduring power of attorney with respect to their personal care and welfare and has been assessed as lacking capacity, then you should generally treat the lawyer as the patient for most information and consent purposes. However, section 18(1)(c) of the Act specifically forbids the lawyer from refusing consent to the administering of any standard medical treatment or procedure intended to save (the patients) life or to prevent serious damage to that persons health. Inmaking decisions about the patients personal care and welfare the attorney must consult, as much as possible, with the patient and with other people named and must have regard for any advance directive expressed by the patient. Ifyou are concerned that an lawyer has made a decision which is not in the patients interest, then section 103 empowers you to ask a court to review that decision.
Fitness to drive motor vehicles

The Land Transport Act 1998 requires you to report to the Chief Medical Adviser of the NewZealand Transport Agency when: in your judgment a patient is not medically fit to drive you have advised the patient not to drive you believe or know that the patient is continuing to drive despite this advice.
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Some drivers (for example, drivers over the age of 75 and bus drivers) are required to regularly obtain a medical certificate to state that they are medically fit to drive a motor vehicle. When assessing such a driver and completing a certificate, you are required to consider the information contained in the booklet entitled Medical aspects of fitness to drive.34 This can be downloaded from the Agency website. tsome point you might be called on to take a blood specimen for evidential purposes from A a person who is suspected of an offence relating to alcohol or drug involved driving. TheAct allows you to take a blood sample without a persons consent if they present as a result of a motor vehicle accident, or when an enforcement officer asks you to.35 When taking a blood sample you must be satisfied that doing so would not be prejudicial to the persons proper care or treatment and must tell him or her (unless they are unconscious) that the blood specimen is being taken for evidential purposes.
Deaths and medical certificates of causes of death

The requirements for the issuing of a Medical certificate of causes of death are outlined in the Burial and Cremation Act 1964. This Act states that a doctor attending a patient who dies as a result of an illness must sign such a certificate immediately after the doctor learns of the death.36 Urgency is often important in such situations, because the body cannot be released for burial or cremation until you have issued the certificate. fyou were not the last doctor to attend the patient during the illness you may only complete I the certificate if you are satisfied that the death was a result of the illness and: the doctor who last attended the person during the illness is unavailable; or less than 24 hours have passed since the death, and the doctor who last attended the person during the illness is unlikely to be able to complete a certificate within 24 hours after the death; or 24 hours or a longer period has passed since the death and the doctor who last attended the person during the illness has not completed a certificate.37 In such situations you are required to consider the patients medical records and the circumstances of their death; and to examine the body before completing a certificate.38 You should be as precise and specific as possible when completing a certificate of causes of death. Theinformation you provide not only appears on the official death certificate issued by the Births, Deaths, Marriages and Relationships Registration Office, but is also used in the national cause of death statistics that are reported to the World Health Organisation. oushould pay particular attention when specifying the underlying cause of death. Often Y it can be a combination of a number of serious conditions that leads to the death of the person. Insuch cases you should record the condition which you believe is most likely to have initiated the train of morbid events leading to the death. There are a range of specific provisions that apply to issuing death certificates in different circumstances (for example stillbirths, or where an elderly patient dies as a result of an accident). orfurther information you should refer to the booklet A guide to certifying causes of death. This F can be downloaded from www.health.govt.nz/publication/guide-certifying-causes-death.
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There are some circumstances when you should not issue a certificate, and must instead report a death to the police. These circumstances are outlined in section 13 of the Coroners Act 2006 and include when: death appears to be without known cause, suicide, unnatural or violent death occurs during or apparently as a result of some medical, surgical, dental or similar operation or procedure death occurs while a person was affected by an anaesthetic or the result of the administration of the anaesthetic death occurs while the woman was giving birth, or that appears to have been the result of the pregnancy or giving birth death occurs in certain types of institutions or custody, including police or prison custody, or treatment facilities for mental illness or alcohol or drug addiction. Once you have notified the Police they will usually make some enquiries and then notify a coroner. Thecoroner might then contact you, and in some situations might require you to complete a written report.39 If you are uncertain about your obligations in these circumstances or how to go about completing a report then you can contact a coroner directly and a 24 hour phone service has been set up to facilitate this. Thenumber for this service is (04) 910 4482.
References
1. Refer to Appendix A. 2. Telephone: Northern Region (09) 580 9088, Central Region (04) 496 2437 or Southern Region (03) 474 8492 3. These are Good prescribing practice, Prescribing drugs of abuse, and Prescribing performance enhancing medicines in sport. 4. Formore information, refer to the Councils statement on Good prescribing practice. 5. Although there are often separate subsidy requirements which must be met, and the Council requires that you only prescribe within the limits of your competence. 6. Medicines Regulations 1984. Regulation 39. Refer to Good prescribing practice for a discussion on how under the care should be interpreted. 7. Medicines Regulations 1984. Regulation 41. 8. Misuse of Drugs Regulations 1977. Regulation 29. 9. Formore information, refer to the Councils statement on Good prescribing practice. 10. Unless special dispensation has been obtained. Contact the Ministry of Health for information on how to obtain such dispensation. 11. Medicines Regulations 1984. Regulation 40. 12. Subscription details are available from www.mims.co.nz or 0508 464 676. 13. Refer to Rights 6 and 7 of the Code of Health and Disability Services Consumers Rights and to the advice provided by Medsafe at www.medsafe.govt.nz/profs/RISS/unapp.asp.
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14. Formore information, refer to the Councils statement on Prescribing drugs of abuse. 15. Misuse of Drugs Regulations 1977. Regulation 25. 16. Please call Medicines Control on 0800 163 060. 17. Inappropriate prescribing can include indiscriminate, excessive or reckless prescribing. Seethe Councils statements on Good prescribing practice and Prescribing drugs of abuse for more information. 18. Misuse of Drugs Regulations 1977. Regulation 37 and Schedule 1. 19. Refer to the Medicines (Standing Order) Regulations 2002. Regulation 5. 20. These can be downloaded from www.health.govt.nz/publication/standing-order-guidelines 21. Paragraph 42, Good medical practice. 22. Medicines (Standing Order) Regulations 2002. Regulation 8. 23. Crimes Act 1961. Section 155. 24. Crimes Act 1961. Section 61. 25. Crimes Act 1961. Section 61A. 26. Avulnerable adult is defined in the Act as a person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person. 27. NewZealand Bill of Rights Act 1990. Section 11. 28. Clause 23 of the NZMA Code of Ethics advises you to bear in mind always the obligation of preserving life wherever possible and justifiable, while allowing death to occur with dignity and comfort when it appears to be inevitable. Insuch treatment situations, treatment applied with the primary aim of relieving patient distress is ethically acceptable, even when it may have the secondary effect of shortening life. 29. Health (National Cervical Screening Programme) Amendment Act 2004. Sections 112L and 112M. 30. Human Assisted Reproductive Technology Act 2004. Section 16. 31. Human Assisted Reproductive Technology Act 2004. Part 3. 32. Refer to Chapter 29. 33. Code of Health and Disability Services Consumers Rights. Clause 4. 34. Land Transport (Driver Licensing) Rule 1999. Part 7 and Part 13. 35. Land Transport Act 1998. Sections 72 and 73. 36. Burial and Cremation Act 1964. Section 46B(2). 37. Burial and Cremation Act 1964. Section 46B(3). 38. Burial and Cremation Act 1964. Section 46B(8). 39. Coroners Act 2006. Section 40.
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CHAPTER 29 The role of the Health and Disability Commissioner and theCodeofRights
Anthony Hill has been NewZealands Health and Disability Commissioner since July 2010. Cite this as Hill A 2013. T herole of the Health and Disability Commissioner and the Code of Rights. Chapter 29 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
TheCode of Rights Complaints resolution Nofurther action Provider resolution Advocacy Mediation Investigations Relationships with other organisations Options where there is a breach of the Code Proceedings TheHuman Rights Review Tribunal Conclusion
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The role of the Health and Disability Commissioner (the Commissioner) is to: promote and protect the rights of consumers who use health and disability services; and facilitate the fair, simple, speedy, and efficient resolution of complaints relating to infringement of those rights. sa consequence of the Crown Entities Reform Act 2012, the advocacy and monitoring A functions in the mental health and addictions sector were transferred to the Health and Disability Commissioner. heCommissioner enforces the Code of Health and Disability Services Consumers Rights (the Code). T TheCode confers legal rights on those who use health and disability services in NewZealand (consumers) and places corresponding responsibilities on providers of those services. HDC supports the successful expression of a consumer centred system. Culture is critical the the way we do things around here should successfully engage the whole team caring for the consumer. Consumer centred care involves sharing information and understanding, engagement between provider and consumer, quality and continuity of care, a supportive and transparent environment all of which are underpinned by respect for the consumer and their values and preferences, and the role of the consumers family. heCommissioner aims to achieve resolution, as well as safety and quality improvement T through continuous learning, and protection of the public. Akey aspect of successful resolution involves ensuring that the provider, the organisation, and the system identify what went wrong and successfully learn from it, and that the system is strengthened as a result.
TheCode of Rights
The Code became law on 1 July 1996 as a regulation under the Health and Disability Commissioner Act 1994 (the HDC Act). Application of the Code is very wide and includes public and private services, paid and unpaid services, hospitals, and individuals. T heCode covers all registered health professionals, such as doctors, nurses, and dentists, and can also cover other providers such as naturopaths, caregivers, and even people who care for family members with a disability. TheCommissioner can consider systems issues as well as individual actions. herights set out in the Code are not comprehensive. T Forexample, the right to patient confidentiality is affirmed in separate privacy legislation (see chapter 13 on medical records), and the Code does not extend to funding decisions or confer entitlement to any particular service. TheCode does not override duties or obligations established in other legislation. orare the rights absolute. N Itis a defence for a provider to show that he or she took reasonable actions in the circumstances to give effect to the rights, and comply with the duties in [the] Code. Thecircumstances are defined to include the consumers clinical circumstances, the providers resource constraints, and any other relevant circumstances.
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Engagement ConsumerCentred System Culture

In summary, there are ten rights. 1. Consumers should always be treated with respect. 2. Noone should discriminate against consumers, pressure them into anything, or take advantage of them. 3. Services should help consumers to live dignified, independent lives. 4. Consumers should be treated with reasonable care and skill and receive well coordinatedservices. 5. Service providers should listen to consumers and give them information in a way they can understand and that makes them comfortable to ask questions if they dont understand. This may require the services of an interpreter. 6. Consumers should have any treatment explained to them, including benefits, risks, alternatives, and costs, and have any questions answered honestly. They must receive information that a reasonable consumer, in that consumers circumstances, would expect, and information needed to receive to give informed consent. 7. Consumers can make their own decisions about treatment, and are free to change theirmind. 8. Consumers can have a support person with them at most times. 9. TheCode rights apply if consumers are asked to take part in research or teaching. 10. Consumers have a right to make a complaint and have it taken seriously. lldoctors should be familiar with the Code, and should take action to inform consumers A about the rights in the Code. Copies of the Code, as well as other educational materials, can be obtained from the Commissioners website (www.hdc.org.nz) or by phoning 0800 11 22 33.
Transparency
Seamless Service
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Complaints resolution
Any person (including the consumer, a family member, or even another provider) may complain to the Commissioner alleging that any action of a provider is or appears to be in breach of the Code. Complaints made to an advocate that remain unresolved after advocacy assistance must be referred to the Commissioner. I fthe Medical Council receives a complaint about patient care, it must refer the complaint to the Commissioner in the first instance. The Commissioner is responsible for ensuring that each complaint about health care and disability services providers is dealt with appropriately. nreceipt of a complaint, the Commissioner is required to make a preliminary assessment of O the complaint to decide what course of action, if any, is appropriate. TheCommissioner may, among other things: refer the complaint to another agency or person, including a regulatory authority such as the Medical Council, ACC, the Director General of Health, or the person who provided the services about which the consumer has complained refer the complaint to an advocate call a mediation conference formally investigate the complaint take no action on the complaint. TheHDC Act supports resolution of complaints at the lowest appropriate level. nthe 2011/2012 financial year, around 65 percent of the complaints HDC received were I about doctors. Recurring themes in those complaints were failures to get the basics right, such as: reading the notes asking the questions talking to the patient listening to the patient and the patients family ensuring continuity of care taking responsibility.
Nofurther action
At any time after completing a preliminary assessment of a complaint, the Commissioner may, at his discretion, decide to take no action on a complaint if he considers that any action is unnecessary or inappropriate. This may occur when, for example: the length of time that has elapsed between the incident and the making of the complaint is such that an investigation is no longer practicable or desirable the subject matter of the complaint is trivial the complaint is frivolous or vexatious
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the consumer does not want action to be taken there is an adequate remedy which it would be reasonable for the complainant to exercise the matter has been fully investigated and reviewed, any recommendations of the review have been implemented, and an HDC investigation is unlikely to shed further light on thematter. nsome circumstances, the Commissioner may decide to take no further action but will I make recommendations for improvement to systems and practices. T heCommissioner will then follow up the recommendations to ensure any changes are appropriately implemented. Incases where the wider health sector may benefit from the learnings revealed by the assessment of complaint, the Commissioner may publish an anonymised case note on theHDC website.
Case study
Parents complained about the care provided to their eight year old son when he died following an anaphylactic reaction to nuts. I nparticular, they were concerned with the quality of information provided by a paediatrician about his nut allergy, resulting reactions, and links between asthma and nut allergy. They were also concerned about the lack of planned follow up or review when their son was discharged from paediatric overview. heparents were concerned that their sons general practitioner did not adequately review or update T the management of their sons nut allergies, or take the allergy into account when considering treatment for asthma. heparents also complained that the health authorities did not provide national standards or T consistent national delivery of advice and treatment on food allergies. They were concerned about the availability of immunology services and direct links between paediatricians and immunologists. Theparents considered that advice on when to prescribe and administer adrenaline autoinjectors was unclear and inconsistent across the country. heCommissioner obtained a response from the paediatrician and general practitioner concerned. H T ethen requested preliminary expert advice from an expert general practitioner and an expert general paediatrician, both of whom advised that the care provided was appropriate and reasonable in the circumstances. Overall, the Commissioner was satisfied with the clinical decisions made, and the care provided by the general practitioner and the paediatrician. However, the Commissioner suggested to the general practitioner and the paediatrician that they reflect on the expert paediatricians comment that the boys long term conditions, including his nut allergy, should have been under ongoing review. Herecommended that the general practitioner and paediatrician keep abreast of ongoing developments in this field, including the issue of health professionals working more closely together, with families, to ensure quality and continuity of services, and cooperative monitoring of long term conditions. heCommissioner published a case study on the HDC website for educational purposes, and brought T the case to the attention of the Royal NewZealand College of Practitioners, the Paediatric Society, Coronial Services, the NewZealand Clinical Immunology and Allergy Group, the Ministry of Health, Pharmac, the National Health Board, and the Health Quality and Safety Commission. This case can be accessed in full at http://www.hdc.org.nz/media/192449/10hdc00458casenote.pdf
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Provider resolution
Often the quickest and most satisfactory way of dealing with complaints is for the consumer to deal directly with the provider. Ahealth or disability service provider who respects, listens to, and involves the consumer (and family and whnau where appropriate) is more likely to deliver a better service and be able to resolve any concerns at an early stage. TheCode requires providers to have a complaints procedure, and sets out minimum requirements for keeping consumers informed about the progress of their complaint. Consumers are entitled to the assistance of a support person or an independent advocate when making a complaint. heCommissioner may refer a complaint to the provider for resolution if the complaint does T not raise public safety issues and can be appropriately resolved by the provider. Insome cases, the provider may not have been aware of the complaint and may be well motivated to resolve the complaint directly with the consumer. Allreferrals to a provider are accompanied by reporting requirements back to the Commissioner. This enables the Commissioner to review the outcome of referrals to ensure the matter is adequately resolved, any compliance issues are addressed, and independent oversight is maintained. T heCommissioner may take further action if not satisfied with the reported outcome.
Case study
The Commissioner received a complaint relating to a womans care over a year or more by providers from many disciplines, all in one District Health Board. T hewoman complained of her year of hell. Sheacknowledged that taken in isolation the matters she complained of could appear trivial, but in total they had had a serious effect on her health. After discussion with the District Health Boards chief executive officer, and with the womans agreement, the complaint was referred to the District Health Board. TheDistrict Health Board looked into the complaint, met with the patient, and achieved a speedy resolution which satisfied her. Shereported the positive outcome to the Commissioner before the District Health Board had reported back.
Advocacy
Free independent advocacy services are available throughout NewZealand. Advocates promote awareness of the Code and HDC Act, providing free education sessions to consumers and providers. They assist consumers to resolve complaints at an early stage and encourage self advocacy as well as providing more support as needed. Advocates do not make decisions on whether there has been a breach of the Code. Rather, their role is to give consumers information about their rights, and to support them to make decisions and take action to attempt to resolve the complaint. Most complaints that advocates handle are received directly rather than via the Commissioner, but in some cases the Commissioner may decide that a complaint made to his office should be referred to an advocate to enable the parties to resolve the matter. T hemajority of complaints referred to advocacy are successfully resolved, often by face to face meetings with providers. Advocates must report back to the Commissioner with the results of a referral to advocacy, and may also report on any matter concerning the rights of consumers that they consider should be brought to the Commissioners attention.
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henationwide health and disability service is provided by an independent national T advocacy trust through a contractual arrangement with the Director of Advocacy. Theadvocacy service can be contacted by freephone on 0800 555 050, free fax on 080027877678 or at [email protected].
Case study
Mrs D was provided with verbal and written information about advocacy and the Code after relaying the following information: on a number of occasions she and her doctor had discussed the probability that she would need to start an antihypertensive. Ata consultation her blood pressure was noted, yet again, to be high, and the doctor advised that it was now time to start the treatment. They again discussed her reluctance to commence the treatment, but she agreed to do so. MrsD was told the name of the medication being prescribed and she asked about possible side effects. T hedoctor told her she would know if she experienced any and she should return if she did. MrsD then requested the same information from the dispensing pharmacist, who advised that it is not the pharmacys normal practice to provide such information about the medication. rsD was very disturbed about not being able to get the information and contacted the local advocate M to find out her rights. Asa result of her concerns and discussions with the advocate, MrsD decided to seek a second opinion from a specialist, and contacted her general practitioners nurse to organise a referral letter. Within the hour her doctor had telephoned her, having recognised her distress, and asked to meet with her later the same day. M rsDs advocate offered to support her, but Mrs D felt able to proceed alone. hereported back to the advocate that the meeting had gone well and she had received the information S she required. Thedoctor apologised for the distress caused and assured her that he would support her in obtaining a second opinion. Other advocacy case studies can be found online at http://advocacy.hdc.org.nz
Mediation
The Commissioner may call a mediation conference at any stage. Mediation is often a very effective way of resolving complaints, and provides an opportunity for the parties to agree to a fair outcome with minimum delay and cost. heparties meet across the table, with or without support persons, to discuss their concerns. T Although the parties may have a lawyer present, this is not necessary. Animpartial mediator assists the parties to define the issues in dispute, explore options for resolution of the complaint, and find their own solutions to the dispute. Allstatements made during mediation are confidential and, if a deed of settlement is signed, it is a full and final settlement of the issue. fa complaint is not resolved by mediation, the Commissioner will decide what, if any, I further action to take.
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Case study
Mr E was admitted to a hospital Emergency Department after injuring himself in a car accident that morning. O nassessment, his main complaint was abdominal and back pain. Xrays of his back and neck showed no fractures, and he was discharged around 5pm. MrEs condition deteriorated and he was readmitted to the Emergency Department at 10pm with pain in the kidney region and symptoms of shock. H ewas reassessed and discharged home with pain relief and treatment for a urinary tract infection. Four days later he deteriorated markedly, with disorientation, increased abdominal and back pain, and weakening of his legs. H ewas admitted to Intensive Care and received treatment for a contusion of the small bowel. M rE continued to complain of intermittent back pain, but another Xray showed no fracture. However, a further Xray and CT imaging taken a few days later indicated a fractured spine. M rE experienced increasing heaviness in his legs and subsequently developed paraplegia. This serious complaint concerned the standard of care Mr E received at the hospital. T heprimary issue was the failure of hospital medical staff to diagnose the fracture, which left Mr E paralysed. Thecomplaint also concerned pain management, nursing care, and communication. heCommissioner commenced an investigation and, after reviewing the hospitals response, referred T the matter for expert orthopaedic advice. T headvisor considered that, overall, the care Mr E received was satisfactory. M rEs fracture was not displaced at the time of initial Xray investigation and was therefore hidden from view. T headvisor stated that this was an exceptionally complex case, and that Mr E had received good management and well documented, compassionate care. nlight of the expert clinical advice, and the unresolved communication concerns, the matter was I considered appropriate for mediation. AsMr Es family was Mori, the Commissioner engaged a Mori mediator with knowledge of cultural issues. T hefamily and the District Health Board were provided with a copy of the expert advice prior to the mediation conference, to guide them in their discussions. hemediation conference resulted in a successful outcome. This included a written apology by the T Board to Mr E and his whnau, as well as the instigation of a process to restore his mana. I nits letter of apology, the Board commented that the mediation was a learning experience for all involved, and that the knowledge gained would be applied for the benefit of all patients.
Investigations
Some complaints, for example those involving allegations of serious professional misconduct, sexual impropriety, complex systems issues, or public safety issues, are not appropriate for low level resolution and proceed to a formal investigation. TheCommissioner may commence an investigation in response to a complaint or on the Commissioners own initiative. heinvestigation process is independent and impartial. Providers are informed of the T investigation, given a copy of the letter of complaint, and asked to respond to the complaint. Theproviders response is very important in informing the Commissioners understanding of what occurred, and his opinion as to whether there has been a breach of the Code. Registration authorities, such as the Medical Council, are notified of any investigation. Where the appropriate standard of care is in issue, expert independent clinical advice is obtained to assist the Commissioner to form an opinion. Relevant professional groups, such as the Royal NewZealand College of General Practitioners, nominate expert advisers, and the advisers are named in the Commissioners reports.
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heHDC Act gives the Commissioner wide powers to gather relevant information. This T includes the ability to summon witnesses, to take evidence under oath, and to require the production of relevant documents. Itis an offence to obstruct or hinder the Commissioner or any other person in the exercise of their powers under the HDC Act, or to give false or misleading information. Most investigations end in a written report from the Commissioner to the parties. Before forming a final opinion, the Commissioner sends a provisional report to the parties. I fany adverse comment is made about a person, that person is given an opportunity to respond to the adverse comment before the Commissioners report is published. TheCommissioner considers responses to the provisional report, and sometimes seeks further expert advice, before issuing a final report. Thereports are usually published in an anonymised form on the HDC website. ninvestigation can be a lengthy process, depending on the complexity of the issues under A consideration and the number of people involved.
Relationships with other organisations

Complaints may be referred to other agencies or persons involved in the health and disability sector. Forexample, a complaint of a breach of patient confidentiality will be referred to the Privacy Commissioner, and a complaint of discrimination will usually be referred to the Human Rights Commission. Concerns about the conduct or competence of a registered health practitioner will usually be referred to the appropriate registration authority, such as the Medical Council. Working with other agencies is an important part of promoting and protecting the rights of consumers. Where necessary, the Commissioner shares information with a number of other agencies and persons, so that relevant information can be analysed and acted on to identify public safety concerns, and so that duplication can be minimised. heCommissioner has wide discretion to refer a matter to an appropriate person or T authority. Forexample, the Commissioner may contact ACC if it appears that the consumer may be entitled to compensation for a personal injury, and concerns about inappropriate prescribing may be referred to Medsafe. heCommissioner must inform the appropriate authority or person if he becomes aware that T the practice or systems of a health care provider may pose a risk of harm to the public.
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Options where there is a breach of the Code

Where an investigation reveals a breach of the Code, the Commissioner has a number of options. Usually, the Commissioners final report makes recommendations to improve systems or practices, and help ensure that a situation similar to that which led to the breach of the Code does not recur. F orexample, the Commissioner may recommend that the provider offer the consumer a written apology, review his or her practice in the light of the Commissioners report, undertake further education, or implement appropriate systems to prevent a recurrence. TheCommissioner cannot order compensation, but occasionally may recommend that a provider refund money paid for substandard services. heCommissioners opinion is reported to the relevant registration authority and, in the T case of a doctor, the Medical Council may be asked to consider the need for a competence review. Copies of the report may also be sent to the Minister of Health, funders, or any other appropriate agency, to enable them to take further action if necessary. Reports with significant educational value are distributed to the appropriate colleges and posted on the Commissioners website (www.hdc.org.nz) in an anonymised form. TheCommissioner is empowered to name individual providers publicly. While he will usually name group providers such as a DHB or a rest home, he only names individual providers in exceptional circumstances (eg, where the provider poses a risk of harm to the public). TheCommissioners naming policy can be accessed at www.hdc.org.nz. heCommissioner uses individual complaints to promote wider systemic improvements. T Forexample, in the cases below, the Commissioner investigated complaints involving deficiencies in the coordination of care (including handover) and supervision.
Case study
A woman complained about the care provided to her 79 year old father, who had Parkinsons disease, by a public hospital. T heman was referred to the hospitals emergency department with acute pain in his left leg and a cold, blue left foot. H ewas diagnosed with impending ischaemia and admitted to hospital. heman was initially under the care of a general surgeon. T Thehospitals vascular surgeon was on leave at the time the man was admitted. T hevascular surgeons registrar gave the general surgeon ambiguous information about the vascular surgeons return, which led to a delay of ten days before the man was seen by the vascular surgeon. Eight days later, the vascular surgeon performed a bypass of the aneurysm behind the mans knee. Over the next few days, the mans condition deteriorated. Thevascular surgeon again went on leave, and did not handover care of the man to the on call consultant, relying instead on the registrar. Theregistrar and a house surgeon reviewed the man, whose foot was pale, cool and his pulses faint. Theregistrar did not take further action or contact the on call consultant. Five days after surgery the man was reviewed by the on call surgeon, who concluded that the bypass graft was blocked. T heman was transferred to a larger DHB, where acute ischaemia following an acute thrombosis of the graft was diagnosed. Removing the clot did not improve the condition of the mans foot and he underwent an above knee amputation. T hefamily told the Commissioner that despite raising concerns on several occasions, they were reassured that it should be alright.
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heCommissioner found that the general surgeon should have checked the roster to determine exactly T when the vascular surgeon was back from leave. T hedelay of ten days to see a vascular surgeon was unacceptable. T hegeneral surgeon breached Right 4(1) of the Code (the right to have services provided with reasonable care and skill). heCommissioner found that the registrar should have taken more care in informing the general T surgeon about the vascular surgeons return from leave. H ealso found that the registrar failed to recognise that the mans condition was deteriorating and seek appropriate specialist advice from the on call consultant. T heregistrar also failed to document all his examinations and findings. T heregistrar breached Right 4(1) of the Code. hevascular surgeon failed to adequately handover the mans care to the on call consultant when T he went on leave. N ospecific instructions were left in the clinical records to cover his absence, particularly in the event of the mans deterioration. Thevascular surgeon breached Right 4(5) of the Code (the right to cooperation among providers to ensure quality and continuity of care). heCommissioner made adverse comment about the DHB. T Themedical record demonstrated that the nurses and the medical officer were concerned about the mans deterioration, however, there was a lack of action at the stage when the registrars management should have been questioned and when concerns about the care being provided should have been raised and escalated to the on call consultant. TheCommissioner emphasised that DHBs and senior practitioners need to encourage a culture where it is acceptable and commonplace for questions to be asked, to and from any point in the hierarchy, at any time.
Case study
A woman complained about the services provided to her husband by DHB1. T heman consulted a respiratory physician at DHB2, who arranged for tests, including an exercise tolerance test (ETT), which showed the man had significant coronary artery disease that required urgent attention. Therespiratory physician telephoned DHB1, then faxed a referral and the ETT results to DHB1. Therespiratory physician did not detail the ETT results in the referral letter but mentioned in the letter that the results were accompanying the letter. hereferral was triaged by a cardiologist at DHB1. H T etold HDC the ETT results were too faint to read and that he did not follow up a legible copy. H etriaged the mans priority as semiurgent but later advised HDC that if he had seen the ETT results he would have assessed the mans priority as urgent. Appointment dates were assigned in accordance with the semiurgent priority but, sadly, the man died of a heart attack before the first of those appointments. heCommissioner found that a system, designed to ensure that patients who require either immediate T hospitalisation or an urgent assessment are assessed in a timely way, failed to deliver. DHB1 was found in breach of Right 4(1) of the Code because staff did not obtain sufficient information to determine whether it was necessary to refer the respiratory physicians call to the on call registrar or consultant, did not seek a legible copy of the ETT results, and did not appropriately acknowledge the referral. I talso failed to communicate effectively with DHB2 and breached Right 4(5). DHB1 also failed to provide the man with adequate information about his referral and breached Right 6(1)(c). Adverse comment was made about the cardiologists failure to ensure that a legible copy of the ETT results were obtained and reviewed. T heCommissioner also criticised DHB2 for its failure to ensure the referral was received and actioned.
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Proceedings
Following a finding of a breach of the Code, the Commissioner may refer a provider to the independent Director of Proceedings, to decide whether legal proceedings will be issued against that provider. Before referring a provider, the Commissioner must give the provider an opportunity to comment on the proposed referral. TheCommissioner must also have regard to the wishes of the consumer and complainant and the public interest (including any public health or safety issues). heDirector of Proceedings may take proceedings before the Human Rights Review Tribunal T and/or the Health Practitioners Disciplinary Tribunal, or may decide to take no further action. Anaggrieved person may themselves bring proceedings before the Human Rights Review Tribunal where the Commissioner, having found a breach of the Code, decides not to refer the matter to the Director of Proceedings, or where the Director of Proceedings decides not to take proceedings. Thefunctions of the Health Practitioners Disciplinary Tribunal are outlined in chapter 30.
TheHuman Rights Review Tribunal

Where proceedings are brought before the Human Rights Review Tribunal, the Tribunal has the power to award a number of remedies, including: a declaration that the providers action is in breach of the Code an order restraining the provider from continuing or repeating the breach an order that the provider perform any specified acts with a view to redressing any loss or damage suffered by the consumer as a result of the breach damages of up to $200,000 (including damages awarded in respect of loss suffered, expenses reasonably incurred, humiliation, loss of dignity, injury to the feelings of the consumer, and punitive damages for any action that was in flagrant disregard of the consumers rights), and any other relief the Tribunal thinks fit. nimportant limitation is that where a person has suffered personal injury covered by A the Injury Prevention, Rehabilitation, and Compensation Act 2001, no damages other than punitive damages (where the providers action was in flagrant disregard of the consumers rights) may be awarded.
Conclusion
The Commissioner promotes resolution of individual complaints and systemic improvements in health and disability services. T heCommissioners focus is on a consumer centred system, and HDC aims to achieve such a system through resolution, protection and learning.
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CHAPTER 30 The disciplinary process: theProfessional Conduct Committee andtheHealth Practitioners Disciplinary Tribunal
Jo Hughson is a Wellington Barrister with extensive experience in professional disciplinary proceedings and medicolegal matters. Cite this as Hughson J 2013. Thedisciplinary process: the Professional Conduct Committees and the Health Practitioners Disciplinary Tribunal. Chapter 30 in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington.
Professional Conduct Committees Membership Process Recommendations and determinations Health Practitioners Disciplinary Tribunal Function Membership Procedures Charges Interim suspension Public hearings Procedures Findings Whosets the standard? Penalties Appeals
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Part 4 of the Health Practitioners Competence Assurance Act 2003 (the Act) sets out the complaints procedures which apply to doctors and establishes the Health Practitioners Disciplinary Tribunal (the Tribunal) which hears and determines disciplinary charges brought against doctors (and other health professionals). neof the principal purposes of the complaints and disciplinary process is public protection; O to protect the public and the profession from persons who are unfit to practise. Another purpose is to enable the profession to ensure the conduct of its members conforms to the standards generally expected of them. Complaints about doctors may be made to the Medical Council or the Health and DisabilityCommissioner (the Commissioner). T heCouncil must refer all complaints it receives to the Commissioner. The Commissioner has the power to refer complaints back to the Council and if a complaint is referred back then the Council must promptly assess the complaint, and consider what action should be taken in response. TheCouncil may decide to refer the matter to a professional conduct committee (PCC) for investigation. heCommissioner must notify the Medical Council of any investigation under the HDC Act T that directly involves a doctor and the Medical Council may take no action while the matter is under investigation by the Commissioner.
Professional Conduct Committees

PCCs deal with complaints referred from the Commissioner and with referrals after convictions in a court of law. I naddition, if the Medical Council considers information in its possession raises questions about the conduct or the safety of a doctors practice, then it may refer those questions to a PCC. Further, if while a matter is under consideration by a PCC, the Council thinks a further matter concerning that doctor should form part of the PCCs consideration, it may refer the further matter to the PCC. charge brought by the Director of Proceedings goes directly to the Tribunal and bypasses A the PCC process.
Membership
PCCs comprise three members appointed by the Medical Council. T woare doctors and one is a lay person. Onemember coordinates the investigation process and presides at PCC meetings. This member is usually known as the Convenor. Both the doctor and the complainant are advised of the intended composition of a PCC and have an opportunity to request changes in membership. Usually, where possible, one of the doctors on the PCC practises in the same vocational scope of medicine or a similar vocational scope as that in which the doctor being investigated practises. Theother doctor is usually selected from a more general area (for example, general practice). This ensures there is an appropriate mix of general medical knowledge and specialised knowledge on the committee.
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fthere are multiple complainants involving one doctor the same PCC generally deals with I all the complaints.
Process
The PCC may investigate however it sees fit. Care is taken to ensure the parties are informed about the progress of the investigation and that the investigation is carried out fairly and in accordance with natural justice principles. hePCC has wide powers to receive evidence and may receive any statement, document, T information or matter that in its opinion, may assist it to deal effectively with its investigation (even if the evidence would not be admissible in a court of law). T hePCC has the power to call for information or documents from any person and in the event of refusal or failure without reasonable excuse to comply with a request for information (or knowingly or recklessly providing false or misleading information), that person is liable to a fine not exceeding $10,000. Inrespect of patients, consent is normally obtained in writing before the PCC obtains medical records. hePCC must give the doctor who is under investigation a reasonable opportunity to T present evidence about each matter that is the subject of the PCCs investigation. T hePCC may hear oral evidence and receive written statements and submissions from any or all of the following persons: the doctor; the doctors employer; any person in association with whom the doctor practises; the complainant and any clinical experts. ThePCC usually gives the complainant and the doctor an opportunity to meet with the Committee in person. Complainants may bring a support person (patient advocate, family or whnau member, friend or counsellor) to a PCC meeting. This is important particularly if the complainant is disabled or if the complaint concerns sensitive issues like sexual impropriety. hePCC usually appoints a legal assessor to advise it on matters of law, procedure, and T evidence. Itis also entitled to appoint an investigator to collect information and to investigate complaints. However, neither the legal assessor nor the investigator may be present during any deliberations of the PCC.
Recommendations and determinations

The PCCs role is to determine whether the issues it has investigated are matters of competence or discipline and then to recommend and/or determine an appropriate course of action. ThePCC may recommend the Council should: assess the doctors performance review the doctors fitness to practise medicine review the doctors scope of practice refer the subject matter of the investigation to the police counsel the doctor.
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hePCC may also make one of the following determinations: that no further steps be T taken in relation to the complaint or conviction; a disciplinary charge should be brought against the doctor before the Tribunal; or a complaint should be submitted to conciliation. hePCC must make its recommendations and/or determination within 14 days after the T completion of its investigation. Written notice of any recommendations and/or determination, and the reasons on which they are based, must be given to the Registrar of the Medical Council, and the doctor concerned (and in the case of a complaint, the complainant). TheCouncil must promptly consider any recommendations. tis not the responsibility of the PCC to reach a view on the guilt of the practitioner if the I matter is considered to be a disciplinary matter. I fthe PCC determines to lay a disciplinary charge then the Tribunal will determine the outcome and whether or not the established conduct is professional misconduct. fthe PCC decides the complaint or conviction should be considered by the Tribunal it must I frame an appropriate charge and lay it before the Tribunal in writing. Where a charge is laid against a doctor before the Tribunal, the chairperson of the Tribunal is required to convene a hearing of the Tribunal to consider the charge as soon as reasonably practicable. fthe PCC determines the complaint should be the subject of conciliation, it must appoint an I independent conciliator to help those concerned to resolve the complaint by agreement. Ifthe complaint has not been successfully resolved by agreement, the PCC must promptly decide whether it should lay a charge against the doctor before the Tribunal, or whether to make any recommendations to the Council about the doctor; or whether no further steps should be taken in relation to the complaint.
Health Practitioners Disciplinary Tribunal Function

The Tribunals principal function is to hear and determine charges brought against doctors (and other health professionals) by the Director of Proceedings or by a PCC.
Membership
The Tribunal has a legal chairperson, one or more legal deputies and a panel of health practitioners and laypersons. T hepanel is maintained by the Minister of Health. Foreach hearing the Tribunal must comprise a legal chair and four other persons selected by the chair or deputy from the panel, three of whom must be professional peers. Onemember must be a lay person.
Procedures
The Tribunal controls its own procedures in accordance with the Act, and has wide powers to summon witnesses and records. Refusing to attend or to cooperate, or acting in contempt are offences punishable by fine.
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Charges
The Tribunal must notify the doctor in writing of the charge and provide enough particulars to inform the doctor clearly of the substance of the allegations against him/her. Aprovisional hearing date is set between 20 and 60 working days from the date of the notice. I nmost cases the hearing dates are rescheduled once the availability of the parties and their counsel has been ascertained at a Directions Conference. Onoccasions hearings are adjourned. Once a doctor has been notified of a charge they must advise the Tribunal within 10 working days whether or not they wish to be heard by the Tribunal. Doctors can be heard personally or they may be (and usually are) represented by a lawyer.
Interim suspension
The Tribunal has the power pending the hearing of a charge, to suspend the doctor or impose conditions on his or her practice if the Tribunal is satisfied it is necessary or desirable to protect the health or safety of the public. TheTribunal does not have to give notice to the doctor that it intends to make such an order but it must advise the doctor of the order once it has been made, the reasons for it, and their right to apply for variation or revocation of the order. TheTribunal must also serve a copy of the order on the doctors employer, and on the Council. Anyapplication for revocation has to be heard within 10 working days after it is received by the Tribunal.
Public hearings
Although the Tribunal has the power to restrict publication and hold hearings in private, the emphasis is on public hearings. TheTribunal can make various orders restricting the public nature of the hearing including ordering that the whole or part of the hearing be heard in private and suppressing the publication of the name or particulars of any person, including the doctor. Applications for private hearings are rarely granted. Applications for name suppression are usually supported by affidavit evidence of the reasons why an order is sought and the Tribunal is required to balance the respective interests of the doctor, the complainant and the public interest before exercising its discretion. Witnesses are given special protection if their evidence relates to a sexual matter, or relates to another matter that may require the witness to give intimate or distressing evidence. Only certain people may be present during evidence of this nature including a news media reporter, any person the witness chooses, and any person the doctor chooses. T hewitness may object to the presence of a person of the doctors choice. heTribunal has the power to order that a witness be permitted to give their evidence from T behind a screen, if necessary (Tribunal Decision No. 7/Med04/03P).
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nsexual cases no person may publish the name of the complainant or any particulars likely I to lead to the complainants identification, unless the complainant is 16 years or older and the Tribunal makes an order permitting the publication. However, if the complainant is 16 years or older and applies to the Tribunal for an order and the Tribunal is satisfied the complainant understands the nature and effect of the application the Tribunal must make an order. TheTribunal may restrict publication of any evidence relating to the sexual acts. Ifthe Tribunal makes a privacy order any person can apply for it to be revoked, including representatives of the media.
Procedures
The Tribunal can regulate its own procedures however the procedures must accord with the rules of natural justice. Each party must be given a fair opportunity to put their evidence and call relevant witnesses. TheTribunal may receive as evidence any statement, document, information, or matter that may help it deal effectively with the matters before it, whether or not it would be admissible as evidence in a court of law. Witnesses usually read out their evidence from a written statement. They are then cross examined by opposing legal counsel and questioned by members of the Tribunal. Theevidence is recorded by a stenographer. T hehearings are either heard in the Tribunals hearing rooms in Wellington or in the closest major centre to the events in suitable conference venues where there are facilities for hearing and waiting rooms. heprosecution has the burden of proving the charge. T Itmust prove the doctors guilt. TheTribunal has to be satisfied to the civil standard of proof (on the balance of probabilities rather than beyond reasonable doubt) that a doctor is guilty of the charge. Thecivil standard of proof is applied flexibly depending on the seriousness of the allegations ( Zv Dental CAC ([2008] NZSC 55).
Findings
The Tribunal may find that the doctor: H asbeen guilty of professional misconduct because of an act or omission that amounted to malpractice or negligence in relation to the doctors registered scope of practice when the conduct occurred; or Has been guilty of professional misconduct because of an act or omission that has brought or was likely to bring discredit to the medical profession; or Has been convicted of an offence that reflects adversely on the doctors fitness to practise (convictions for offences against relevant health acts including Contraception, Sterilisation and Abortion, Coroners, Medicines, the Injury Prevention, Rehabilitation and Compensation, and Misuse of Drugs; or for an offence punishable by a term of three months imprisonment or longer); or Has practised his or her profession while not holding a current practising certificate; or Has performed a health service without being permitted to perform that service by his or her scope of practice; or Has failed to observe any conditions included in his or her scope of practice; or
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Has breached a penalty order of the Tribunal. hecharge of professional misconduct has been part of NewZealands medical disciplinary T regime for many years. two step process is involved in testing what constitutes professional misconduct under A theAct. hefirst step involves an objective assessment of whether the doctors acts or omissions T in relation to their practice can reasonably be regarded as constituting malpractice or negligence; or otherwise meets the standard of having brought or was likely to bring discredit to the profession. Thesecond step (often referred to as threshold) involves the Tribunal being satisfied the doctors acts or omissions require a disciplinary sanction for the purposes of protecting the public or maintaining professional standards or punishing the doctor (that is, that the conduct was sufficiently serious to justify the imposition of a sanction). Malpractice involves immoral, illegal or unethical conduct or neglect of professional duty (improper professional conduct). Negligence generally involves breach of a doctors duty in their professional setting. Bringing discredit to the profession involves bringing harm to the reputation of the profession and involves an objective assessment of whether reasonable members of the public, informed and with knowledge of all the factual circumstances, could reasonably conclude that the reputation and good standing of the profession was lowered by the behaviour of the doctor concerned. hetest recognises that not all acts or omissions which constitute a failure to adhere to the T standards expected of a medical practitioner will constitute professional misconduct.
Whosets the standard?

Whether or not there has been a breach of the appropriate standards is generally measured against the standards of a responsible body of the doctors peers (Maynard v West Midlands Regional Health Authority [1985] 1 All ER 635). In Tizard v Medical Council of NewZealand (Full Court, Auckland, M 2390/91, 10 December 1992) the Full Court stated: Professional misconduct is behaviour in a professional capacity which would reasonably be regarded by a practitioners colleagues as constituting unprofessional conduct. It is an objective test judged by the standards of the profession: Ongley v Medical Council of NewZealand [1984] 4 NZAR, 369, 374. (p16). However, when assessing a doctors conduct the Tribunal cannot lose sight of the fact that the Tribunals role is partly one of setting standards (including the expectation that professional standards should not be permitted to lag) and that in some cases patient interests and community expectations may require the Tribunal to be critical of the usual standards of the profession ( Bv The Medical Council of NewZealand (Unreported, High Court, 11/96, Elias J). TheTribunals deliberations now rely on both public as well as professional opinion; and it is that mix of opinion which sets the standard. heTribunal usually issues a fully reasoned written decision once it has determined the T charge. T heTribunal posts its decision on its website (www.hpdt.org.nz).
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Penalties
When fixing a reasonable and proportionate penalty the Tribunal balances the aggravating and mitigating factors in the case. Toensure there is consistency in the penalties imposed the Tribunal also considers previous relevant cases. hepenalties available to the Tribunal if a doctor is found guilty are cancellation of the T doctors registration; suspension of the doctor for up to three years; the imposition of conditions on practice for up to three years; censure; and a fine of up to $30,000. heTribunal cannot impose a fine in dealing with an offence for which the doctor has been T convicted by a court. Inall other cases the full range of penalties (including cancellation of registration) is available. Before determining to cancel a doctors registration the Tribunal Coles must consider the alternatives available to it short of doing that. I fthe Tribunal decides to order that the doctors registration be cancelled it must explain why the lesser options have not been adopted in the circumstances of the case (Patel v PCC (High Court, Auckland, CIV 20074041818 Lang J, 13 August 2007). After cancelling the doctors registration, the Tribunal may impose one or more conditions which the doctor must satisfy before applying for registration again. Theconditions may include any or all of the following conditions requiring the doctor: to undertake a specified course of education or training to undergo a medical examination and treatment or psychological or psychiatric examination, counselling or therapy to attend a course of treatment or therapy for alcohol or drug abuse (the doctor must consent to these) any other condition designed to address the matter that gave rise to the cancellation of the doctors registration. heTribunal also has the power to order that the doctor pay a percentage of the reasonable T costs and expenses incurred by the prosecution (either the Director of Proceedings or the PCC (for its investigation and the prosecution) and by the Tribunal (hearing costs). There is no power to order costs to be paid to a doctor acquitted of a charge. TheTribunal has no power to award compensation or costs to a complainant.
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Figure 4. Thecomplaints and discipline processes
Appeals
Appeals must be filed within 20 working days from the date of the Tribunals decision. Unless a Court orders otherwise, the penalties imposed by the Tribunal stay in force pending the outcome of an appeal. Appeals against decisions of the Tribunal are to the High Court, whose decision is final on all matters except points of law, which may be appealed to the Court of Appeal. Instead of determining an appeal, the High Court may direct the Tribunal to reconsider the whole or any part of its decision or order, and when reconsidering, the Tribunal must take the Courts reasons into account and give effect to the Courts directions. Appeals are generally conducted by way of a rehearing on the record of the Tribunal, following the approach outlined in Austin, Nicholls & C oInc v Stichting Lodestar [2007] NZSC 103 (see for example Harman v Director of Proceedings (High Court, Auckland, CIV 20074043732) and Dr G v Director of Proceedings (High Court, Auckland CIV 2009 404000951, 13October2009, Duffy J)). TheHigh Court must form its own assessment of the merits of the case, having regard to the expertise of the Tribunal members who heard the charge but not approaching that expertise with undue deference. Ifthe High Court is of a different view of the merits from the Tribunal and is therefore of the opinion that the Tribunals decision is wrong, the High Court must act on its own view. T heappellant bears the onus of satisfying the appeal court that it should differ from the decision under appeal.
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APPENDIX A
Medical Council publications
Medical care
Complementary and alternative medicine (March 2011) Adoctors duty to help in a medical emergency (August 2006) HRANZ Joint Guidelines for registered health care workers on transmissible major viral infections (November 2005) Cosmetic procedures (October 2011) Safe practice in an environment of resource limitation (August 2008)
Good prescribing practice

Good prescribing practice (April 2010) Prescribing drugs of abuse (April 2010) Prescribing performance enhancing medicines in sport (April 2010)
Communication and informed consent

Information, choice of treatment and informed consent (March 2011) Ending a doctor patient relationship (March 2011) Useof the internet and electronic communication (October 2012 provisional date)**george* Telehealth (October 2012 provisional date)*george** Maintenance and retention of patient records (August 2008) Disclosure of harm following an adverse event (December 2010) When another person is present during the consultation (March 2004) Statement on advertising (August 2010)
Cultural competence
Cultural competence (August 2006) Best practices when providing care to Mori patients and their whnau (August 2006) Best health outcomes for Mori: practice implications (October 2006) Best health outcomes for Pacific peoples: practice implications (May 2010)
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Management
Responsibilities of doctors management and governance (March 2011) Employment of doctors and the Health Practitioners Competence Assurance Act 2003 (December 2005)
Professionalism
What to do when you have concerns about a colleague (December 2010) Unprofessional behaviour and the health care team. Protecting patient safety (August 2009) Medical certification (December 2007) heimportance of clear sexual boundaries in the patient doctor relationship. T Aguide for doctors (October 2009) Providing care to yourself and those close to you (June 2007 currently under review, a new edition may be published in late 2012) Nontreating doctors performing medical assessments of patients for third parties (December2010) Doctors and health related commercial organisations (July 2012)
Forpatients
What to expect from your doctor when you have a cosmetic procedure (June 2008) Youand your doctor (March 2008) heimportance of clear sexual boundaries in the patient doctor relationship. T Aguide for patients (October 2006)
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APPENDIX B
Cite this as StGeorge IM 2013. Take our word for it: N ewZealand slang expressions. Appendix B in StGeorge IM (ed.). Coles medical practice in NewZealand, 12th edition. Medical Council of NewZealand, Wellington. When Kiwis ( NewZealanders) talk, they may use slang words that you do not understand. Here are a few that may be used in a medical context. Bewarned, however: dont try these at home; many of these words and expressions are considered vulgar, rude or offensive: do not use them until you are sure you will not offend. anklebiter: infant, toddler, kid, small child. arse over tit: head over heels, as he fell arse over tit. arse: buttocks, anus, rear end, butt. beaut: great, well, as Ive been feeling beaut. bloke: usually a man, often referring to a stranger: Seems a decent bloke. bludge: to sponge off other people or the government, as Dole bludger. Bobs your uncle: its all fixed, as Iput the ointment on, and Bobs your uncle. bonk: (= bang) to have sex with. box of birds: well, as Q: Howare you feeling now? A: Abox of birds. braces: suspenders. brassed off: disappointed, annoyed. brilliant: excellent; great; wonderful or even OK, satisfactory, or thanks. bugger all: not much, very little, as Q: Areyou any better? A: No; bugger all. buggered: exhausted. bum: buttocks, rear end, butt. Asa verb, means to bludge. bun in the oven: pregnant. bust a gut: make an intense effort. cackhanded: left handed, southpaw. cardie: cardigan; woollen button up the front jersey or sweater. carked: died, kicked the bucket. Like croaked. cheerio: good bye (also a small red sausage). cheers: goodbye, thanks. chemist: pharmacy, drug store. chilly bin: sealable, usually polystyrene insulated box, for keeping beer and food cold. Like Australian eskie. chippy: builder, carpenter.
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chips: french fries. choc-a-block (chocker): full to overflowing. choice: used when something is desirable, eg, Thats choice! chook (chick): chicken, girl. chuffed: pleased. chunder: vomit. colly wobbles: a feeling of nausea usually associated with nervousness; as Just thinking about the operation gives me the colly wobbles. corker: very good. cot: childs bed. cotton buds: Q tips. crook: sick, unwell (but to go crook may mean to complain or tell off). ding: a small dent in a vehicle; any hit on the body, as Herknee took a bit of a ding early in the game. dodgy: bad, unreliable, spoiled, as Theknees a bit dodgy. dole: unemployment benefit; income support for the unemployed. dreaded lurgy: alternative name for the flu, a head cold, any febrile illness. dressing gown: bathrobe. dummy: pacifier. dunny: toilet, bathroom, lavatory. duvet: quilt. eh: often used at the end of sentences whether or not expecting a response to a statement which is not a question, eg, Itook all the pills, eh. face cloth: flannel: wash cloth. fag: cigarette. fagged out: see knackered. fanny: fanny refers to female genitalia; fanny does not mean buttocks! a warning to Americans. football: rugby. french letter (frenchie, frog, joey, rubber): condom. full on: intense. go bush: become reclusive, get away from it all. good as gold: a good job well done, not a problem, an affirmative answer, or well, as Q: Howhas your sore knee been? A: Good as gold.
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half pai (half pie): sort of, not completely; as Q: Areyou feeling any better? A: Well, only half pai. hard yakka: hard labouring work. heaps: a lot, as Give it heaps, means to push it to the limit. hottie: hot water bottle; sexually available potential partner. hunky dory: everythings fine, as Mylife is hunky dory now. jersey: sweater. john: lavatory. jumper: woollen sweater. kapai: fine, excellent. kai: food. kia ora: hello, greetings. kick the bucket: die, cark it, croak. knackered: tired or broken; stuffed; fagged out; rooted; as Im knackered. (origin: the knackers yard is where surplus farm animals were sent to be slaughtered). loo: bathroom, toilet. nana: female grandparent. nappy: diaper. no worries: not a problem, yes, certainly; as Q: Thanks for your help; A: Noworries! off (his) face: completely drunk. pack a sad: become morose, ill humoured, moody, broken, eg, Hepacked a sad and went to bed. or Thefridge packed a sad. pike out: to give up when the going gets tough. piker: one who gives up easily. piss: beer, urine. (Take the piss = tease). piss around: waste time or effort in a futile manner, fart about. pissed: drunk, inebriated. pissed off: angry, as Im really pissed off! pissing down: raining heavily. piss up: social gathering with alcohol. plaster: see sticking plaster. plastered: drunk. PMT: premenstrual tension.
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pong: bad smell. pottle: small container (eg, for sputum but also for strawberries in the S. Is.) pram: baby carriage, stroller. Asmall dinghy. prang: minor vehicle smash. pushing up daisies: dead and buried. randy: horny, feeling sexy. right as rain: OK, perfect. ring: phone somebody; as Ill give him a ring. root: to have sex. AnAmerican woman visitor: Myfirst time in NewZealand I said I liked to root for the football team. O neof the boys said, What, the whole team?. rooted: feeling tired. round the bend: going crazy. shell be right: not a problem, itll be OK (may disguise some deficiencies). shufti: a look, as Ill just take a shufti at that, meaning Ill have a look at that. sickie: as Throw a sickie; to take time off work; also used for sickness certificate. singlet: undershirt. snarky: mixture of sarcastic and nasty. snotty: condescending, snooty; or ill humoured, packing a sad. sook: someone timid, or behaving over cautiously. Asyoure being a sook or just a bigsook. spew: to throw up. spit the dummy: to throw a tantrum or get mad. sprog: a child. squiz: as Have a squiz to take a look at something. Giza squiz ask for a look at something. sticking plaster: band aid. stuffed: really tired. suss: to figure out. sweet as: really good. Q: Howwould you rate the service? A: Sweet as. ta: thank you. take aways: NewZealand term for take outs or food to go. Prt manger. tata: goodbye, often when speaking to a child. the tatas: anxiety. tinned food: canned food.
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trots: diarrhoea, as Ive got a dose of the trots. undies, underpants: undershorts, grundies. up the duff: pregnant, in the family way, with a bun in the oven, sprogged, etc. whinge: complain, grizzle. wicked: energetic, well; as Ifeel wicked after a week off work. wobbly (pack a wobbly): become angry, get snotty. yonks: forever, a long time, ages; as Ihavent been right for yonks. zambuck: StJohn Ambulance officer. zit: acne lesion.
Resources
This material was gleaned from several general websites on NewZealand colloquial words. 1. www2.vuw.ac.nz/international/studentlife/glossary_nz.html. 2. www.chemistry.co.nz/kiwi.htm#quite_nice. 3. www.nz.com/NZ/Culture/NZDic.html. 4. http://homepages.ihug.co.nz/~sarah/content/slang.html. 5. www.urbandictionary.com
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What is the purpose and scope of the book?

What is the purpose and scope of the book?

What is the history of publication of the book?

What is the history of publication of the book?

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

2013: edited by Ian StGeorge

Published by the Medical Council of NewZealand

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

Preface to the 12th (2013) edition

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice 

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

About Good Medical Practice

HowGood Medical Practice applies to you

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Caring for patients

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Working in partnership with patients and colleagues

Acting honestly and ethically

Accepting the obligation to maintain and improve standards

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Caring for patients

Providing good clinical care

Safe practice in an environment of resource limitation

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Prescribing drugs or treatment8

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Providing care to yourself or those close to you10

Treating people in emergencies11

Treating patients who present a risk of harm

Establishing and maintaining trust

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Personal beliefs and the patient

Treating information as confidential14

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Supplementary guidance Sharing information in public

Supplementary guidance Sharing information with parents, caregivers or next of kin

Involving relatives, carers and partners

Supplementary guidance E ndof life care

Supplementary guidance E uthanasia

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

Dealing with adverse outcomes16

Reporting of alleged abuse

Ending a professional relationship19

Working in partnership with patients and colleagues

COLES MEDICAL PRACTICE IN NEW ZEALAND 2013

CHAPTER 1 Good medical practice

CHAPTER 1 Good medical practice

CHAPTER 2 The organisation of medical services in NewZealand