Sustainable Development Goal 6 Draft 2nd Edition
Sustainable Development Goal 6 Draft 2nd Edition
Sustainable Development Goal 6 Draft 2nd Edition
SARS-CoV-2 (COVID-19)
Version 1
7 April 2020
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This is a living document. As such, it will be updated as COVID-19
evolves
Contents
Guidelines............................................................................................................... 5
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Preamble and Introduction
Ethical dilemmas in health care are common even under normal circumstances
because health care responds to human suffering. To act ethically is integral to
professionalism in health care. A surge of individuals seeking health care, as well as
critically ill patients with COVID-19, disrupts normal processes for supporting ethically
sound patient care.
COVID-19 is an acute viral infection that has reached pandemic proportions requiring
an ethical reflection and response, rooted in human rights.
As a Nation, our health care resources are already limited. COVID-19 may tragically
constrain those resources further, resulting in the loss of lives that would have been
preventable under normal circumstances.
It cannot be denied that the duties and obligations of Doctors are the realities of the
practice of medicine. Care is the foundation of medicine, and this foundation is
strengthened by the oath Doctors take, committing their lives to the service and benefit
of humanity. A Doctor’s primary duty and obligation is to their patient; their health and
well-being. There are, however, other duties and obligations (discussed in this
document) that Doctors are expected to fulfil. These duties and obligations do not
change during the COVID-19 pandemic - they are heightened; society puts a greater
expectation on Doctors during this challenging time to fulfil their duties and obligations.
This document provides ethical guidelines for Doctors during the COVID-19, based on
the World Health Organization’s (WHO) Guidance for Managing Ethical Issues in
Infectious Disease Outbreaks, adapted for the South African context. Furthermore,
although this document provides ethical guidance for Doctors, the duties and
obligations of government and society, in general, are also highlighted.
This guidance document draws on a variety of ethical principles, which are grouped
below into several categories:
Justice —Justice, or fairness, encompasses two different concepts. The first is equity,
which refers to fairness in the distribution of resources, opportunities, and outcomes.
Key elements of equity include treating like cases alike, avoiding discrimination and
exploitation, and being sensitive to persons who are especially vulnerable to harm or
injustice.
The second aspect of justice is procedural justice, which refers to a fair process for
making important moral decisions. Elements of procedural justice include due process,
transparency, inclusiveness/community engagement, and oversight.
Beneficence — Beneficence refers to acts that are done for the benefit of others, such
as efforts to relieve individuals’ pain and suffering.
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Utility — The principle of utility states that actions are right insofar as they promote
the well-being of individuals or communities (balancing the potential benefits of an
activity against any risks of harm) and efficiency (achieving the greatest benefits at the
lowest possible cost).
Respect for persons — The term “respect for persons” refers to treating individuals
in ways that are fitting to and informed by a recognition of our common humanity,
dignity and inherent human rights. Respect for persons also includes paying attention
to values such as privacy and confidentiality.
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Guidelines
Being registered with the Health Professions Council of South Africa (HPCSA),
Doctors have moral duties to themselves, patients, colleagues, and society. These
duties are generally in keeping with the principles of the South African Constitution
and the other obligations imposed by law. Doctors, therefore, have certain moral duties
during a COVID-19 outbreak, which include the following:
A duty to self - Doctors have a duty to take care of their own health and mental
well-being, as failure to do so will render them incapable of delivering care to
their patients. Doctors need to maintain and improve the standard of their
professional knowledge and skills, regularly taking part in educational activities
that enhance their ability to provide quality healthcare.
A duty of care to patients - Pursuant to their oath, Doctors have a duty of
reasonable clinical care towards patients. This duty is enhanced during
pandemics like the COVID-19 crisis. The primary professional duty of a Doctor
should be their concern for the best interests or well-being of their patients.
A duty to colleagues and other professionals - During such distressing times,
Doctors have a moral duty to regard all fellow professionals as colleagues and
to treat them with dignity and respect. They should readily share relevant
information in the patient's best interest and in particular, junior doctors should
remain under the close supervision of their senior colleagues whilst
simultaneously maintaining professionalism and care.
A duty to society - During the COVID-19 crisis, Doctors, as custodians of health
care, have a duty to deal responsibly with scarce healthcare resources, to
refrain from providing services that are not needed and to refrain from
unnecessary wastage. They should not participate in improper financial
arrangements, especially those that escalate costs and disadvantage
individuals or institutions unfairly.
A duty to participate in public health and reporting efforts - Doctors have a duty
to participate in measures to respond to the COVID-19 outbreak, including
public health laws, surveillance and reporting. Doctors should remember to
protect the confidentiality of patient information to the maximum extent
compatible with relevant and applicable legalisation.
A duty to provide accurate information to the public - Doctors have a duty not
to spread unsubstantiated rumours or suspicion and ensure that information
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they provide comes from reliable sources. Additionally, Doctors also have a
duty to debunk false and inaccurate information about the COVID-19 disease.
A duty to advocate - Doctors are uniquely positioned to function as advocates
for patients, especially vulnerable patients, and the health care system, as they
better than anyone else understand the needs of patients and the health care
system. Advocacy, in the context of COVID-19, requires more than helping
individual patients get the services they need; it requires working to address the
root causes of the problems they face.
A duty to avoid exploitation — In the context of a rapidly spreading life-
threatening virus with no proven treatment, certain entities may want to offer
any intervention, regardless of the expected risks or benefits for questionable
reasons. Doctors have a duty not to exploit individuals’ vulnerability by offering
treatments or preventive measures for which there is no reasonable basis to
believe that the potential benefits outweigh the uncertainties and risks.
Reciprocal obligations
Priority access to medical care — Doctors who become infected, as well as any
immediate family members who become ill through consequent exposure,
should be guaranteed access to the highest level of care reasonably available.
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need to develop immunity so as to be available to manage patients with the
disease.
Leadership and Accountability– Management in the both the private and public
sector have a duty to provide guidance and supervision to Doctors, particularly
junior Doctors. As well as to ensure that Doctors are adhering to ethical and
professional codes.
Informed Consent
Generally, Doctors who treat competent patients without their consent violate the
patient’s constitutional rights and breach fundamental principles of medical ethics.
However, Covid-19 has given rise to particular complexities with regard to consent.
The following are guidance points for Doctors on obtaining consent when managing
patients in this context:
If the situation is life-threatening and there is no proxy available, as may be the case
during the COVID-19 crisis, and treatment is necessary to delay irreversible damage
to the patient’s health or to prevent death, the National Health Act (NHA) allows for
treatment to be given without the consent of the patient or the proxy provided that the
patient has not previously expressly, impliedly or by conduct refused such treatment.
Doctors must keep clear records of all reasons for the actions they take, especially if
no form of informed consent was given by the patient or the patient’s proxy or if there
was no time to apply for a court order.
Although the NHA stipulates that patients must give informed consent before the
commencement of any treatment or procedure and this includes testing of any kind,
section 4 for the Disaster Management Regulations states that no one may refuse
medical investigation, testing or quarantine and isolation This implies that informed
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consent is not strictly needed in certain *situations for the purposes of testing and
treating COVID-19 - where this is necessary to protect the interests of the public.
Confidentiality
Confidentiality during the COVID-19 crisis also raises ethical consideration where in
certain instances there will be a requirement to limit confidentiality. Section 14 of the
NHA states that no Doctor may disclose patient information unless:
With regard to public health Covid-19 is a notifiable disease, hence the law imposes a
mandatory limitation to confidentiality when a patient is diagnosed with the disease. In
addition, Regulation 11H(5) of the Disaster Management Regulations states that:
The guidelines allow for Doctors to charge for telehealth services but cautions against
practices that may amount to over-servicing, perverse incentives and supersession.
3. Situations of vulnerability
Certain individuals and groups, including Doctors and their families, face heightened
vulnerability during the Covid-19 pandemic. Efforts to address how individuals and
groups may be vulnerable should consider the following:
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individuals such as the poor, the disabled, the sick, and other vulnerable
individuals may have difficulty accessing services and resources, particularly
under lockdown conditions.
Stigmatization and discrimination — Members of socially disadvantaged
groups often face considerable stigma and discrimination, which can be
exacerbated by the COVID-19 crisis.
Both government and Doctors should take measures to assist access to services
and resources and to prevent stigmatization and discrimination.
COVID-19 has the ability to quickly overwhelm the capacity of government and the
healthcare system, forcing Doctors to make difficult decisions about the allocation of
limited resources.
Priority scoring or triage can be ethically justified in the context of limited resources.
The Critical Care Society of South Africa (CCSSA) provides useful triage guidance
and utilises a frailty scale should the COVID-19 create a demand for critical care
resources (e.g., ventilators, critical care beds) that would outstrip the supply. The
principle of utility is used to maximize benefit to the majority of patients, specifically by
maximizing survival to hospital discharge and beyond. (See annexure 1)
The triage system should be applied for all patients with serious illness who follow the
normal requirements for ICU care, not just those with COVID-19.
Doctors should immediately stabilize any patient in need of critical care, irrespective
of whether they have COVID-19. Temporary ventilatory support can be provided in
combination with stabilisation to allow the triage team to assess the patient for vital
resource allocation. Effort should be made to complete the initial triage evaluation
within 90 minutes of recognizing the likelihood for use of critical care resources.
Doctors should remember to consider the patient’s wishes with regard to ICU care. If
the patient is incapacitated, guidelines under patient-Doctor interaction apply.
The CCSSA recommends using the Clinical Frailty Scale (CFS) to assess the patient
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The CSF ranges from 1 to 9 as follows:
1. Very fit – those amongst the fittest for their age, and are very active and
motivated.
2. Well – there is no active disease or symptoms, but not as active as in category
1.
3. Managing well – medical problems present, but well controlled. Not regularly
active.
4. Vulnerable – not dependant on others for daily help, but symptoms limit
activities.
5. Mildly frail – more evident slowing and need help in high order IADLS, e.g.,
finances, transport, etc.
6. Moderately frail – need help with all outside activities, keeping house, bathing
and dressing.
7. Completely dependent for personal care, but are stable and not at high risk for
dying (within 6 months)
8. Very severely frail – completely dependent, approaching the end of life and not
able to recover from a minor illness.
9. Terminally ill – life expectancy of less than 6 months.
Patients with a CFS score ≥ 5 are to be offered a management plan
excluding ICU.
The lower the score, the higher the likelihood of benefit from ICU care.
According to the WHO, supportive and palliative care should be provided to persons
unable to access lifesaving resources — even when it is not possible to provide life-
saving medical resources, e.g. ventilators, to all who could benefit from them, efforts
should be made to ensure that no patients are abandoned. This is similar to the
CCSSA triage guidelines.
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5. Emergency use of unproven interventions outside of research
WHO provides the following criteria for the ethical emergency use of unproven
interventions outside of research:
The ethical basis for emergency use of unproven interventions outside of research
must be justified by the ethical principle of respect for patient autonomy — i.e. the right
of individuals to make their risk-benefit assessments considering their values, goals
and health conditions.
Administering unproven interventions always involves risks, some of which will not be
fully understood until further testing is conducted. However, any known risks
associated with an intervention should be minimized to the extent reasonably possible.
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Doctors also have a moral obligation to describe information accurately, without
overstating benefits or understating uncertainties or risks.
Accurate information collection and sharing are important under normal conditions.
During the COVID-19 situation, information collection and sharing takes on increased
urgency. Doctors who collect and share information have a responsibility to adequately
protect the confidentiality of personal information while taking into consideration any
laws, policies, and practices that are in effect during the COVID-19 situation. The
Disaster Management Regulations (11H(5)) state that: No person may disclose any
information contained in the COVID-19 Tracing Database or any information obtained
through this regulation unless authorized to do so and unless the disclosure is
necessary for the purpose of addressing, preventing or combatting the spread
of COVID-19.
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8. Obligations of government
The government plays a critical role in preventing the spread of and responding to
COVID-19 by improving social and environmental conditions, ensuring a well-
functioning and accessible health system, and engaging in public health surveillance
and prevention activities. The government has an ethical obligation to ensure the long-
term capacity and functioning of the health system necessary to carry out effective
prevention and response efforts.
Involving the broader society fully in the COVID-19 outbreak planning and response
efforts entail attention to the following issues:
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Openness to diverse perspectives — Communication efforts should be
designed to facilitate a genuine two-way dialogue and include all members of
society.
The media plays an important role in any infectious disease outbreak response effort.
It is therefore important to ensure that the media has access to accurate and timely
information about COVID-19 and its management. Government, Doctors, non-
governmental organizations, and academic institutions should make efforts to support
media training in relevant scientific concepts and techniques for communicating risk
information without raising unnecessary alarm. Media training is important for
government and public sector employees who may interact with media covering issues
related to COVID-19. In turn, the media has both an obligation and a responsibility to
provide ethical, accurate, factual, and balanced reporting.
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10. References
Critical Care Society of South Africa. 2020. Allocation of Scarce Critical Care
Resources During the COVID-19 Public Health Emergency in South Africa.
https://criticalcare.org.za/wp-content/uploads/2020/04/Allocation-of-Scarce-Critical-
Care-Resources-During-the-COVID-19-Public-Health-Emergency-in-South-Africa.pdf
(accessed 06 April 2020)
Critical Care Society of South Africa. 2020. Summary of Allocation of Scarce Critical
Care Resources During the COVID-19 Public Health Emergency in South Africa.
https://criticalcare.org.za/wp-content/uploads/2020/04/CCSSA-SUMMARY-COVID-
19-TRIAGE-ALGORITHM.pdf (accessed 06 April 2020)
Earnest MA, Wong SL, Federico SG. Perspective: physician advocacy: what is it and
how do we do it?. Academic medicine. 2010 Jan 1;85(1):63-7.
Giordano J. The good patient: Responsibilities and obligations of the patient-physician
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Health Professions Council of South Africa. 2014. Guidelines For Good practice in the
Health Care Professions General Ethical Guidelines for the Health Care Professions
Booklet 1.
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(accessed 03 April 2020)
McQuoid-Mason D. Provisions for consent by children to medical treatment and
surgical operations, and duties to report child and aged persons abuse: 1 April 2010.
SAMJ: South African Medical Journal. 2010 Oct;100(10):646-8.
South African Government. Children's Act No. 38 of 2005.
https://www.gov.za/sites/default/files/gcis_document/201409/a38-053.pdf (accessed
06 April 2020)
South African Government. National Health Act No. 61 of 2003.
https://www.gov.za/sites/default/files/gcis_document/201409/a61-03.pdf (accessed
06 April 2020)
South African Government. 2020. Disaster Management Act: Regulations to address,
prevent and combat the spread of Coronavirus COVID-19: Amendment.
https://www.gov.za/documents/disaster-management-act-regulations-address-
prevent-and-combat-spread-coronavirus-covid-19 (accessed 04 April 2020)
The Hastings Centre. 2020. Ethical Framework for Health Care Institutions &
Guidelines for Institutional Ethics Services Responding to the Coronavirus Pandemic.
https://www.thehastingscenter.org/ethicalframeworkcovid19/ (accessed 03 April
2020)
World Health Organization. 2016. Guidance for Managing Ethical Issues in Infectious
Disease Outbreaks. file:///C:/Users/brandonf/Downloads/9789241549837-
eng%20(1).pdf (accessed 03 April 2020)
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World Medical Association. 2001. Declaration of Helsinki. Ethical principles for
medical research involving human subjects. Bulletin of the World Health
Organization, 79 (4), 373 - 374. World Health Organization.
United Nations Educational, Scientific and Cultural Organization. 2020. Statement on
COVID-19: Ethical Considerations from a Global Perspective.
https://unesdoc.unesco.org/ark:/48223/pf0000373115 (accessed 03 April 2020)
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11. Annexure 1: CCSSA Triage Guidelines (2 April 2020)
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