The Chi Clinic

Constitution of The Chi-Do Association

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Constitution and Codes of Conduct applicable to Members of The Chi-Do Association.  This revision allows for the examination and authorisation to practice by the Founders for students attending courses run by The Chi Clinic for Anatomy, Physiology and Massage, tuition of Tai Chi and Qigong, Martial Arts and CPD studies.


CONSTITUTION OF THE CHI-DO ASSOCIATION

--- TRADING AS --

THE CHI CLINIC

 

The Association is dedicated to positive holistic healing by the implementation of the body & mind to self heal through the medium of alternative &  complementary therapy techniques.  Utilising ancient methods such as Bone Setting, Acupuncture or Acupressure with aspects of Eastern and Western approaches to medicine.

 

Membership of the Association is invited from those who are experienced in the use of the methods taught at the Chi Clinic or sufficiently qualified in other energy & skills based arts.

 

Entry is by examination or production of qualification with demonstration of the arts & interview.  Entry to full membership is strictly by invitation of the board and a minimum of 2 years study.

 

Grades  and Fees for 2016- 2017 (Subject to periodic review)

 

Full member and practitioner....................... £20.00 per annum

Joining member from another association.......£10 for the 1st year

Member in study..........................................£10 per annum

Examination fees and certification                  £100.00

Insurance to practice or teach.......................£ As quoted.

 

~~ A full member is entitled to use the designation CDA(Discipline)~~

~~Member of The Chi-Do Association or such designation~

~of Instructor or tutor in respective arts where qualified to do so~~

 

The Association is non denominational and is open to all persons of good conduct and conscience subject to the rules of conduct, examination and qualification.

6th October 1998 and amended in May 07 by agreement of the Board.  Further amended in July 2016 to allow for withdrawal from the BCMA in 2017.

 

Constitution

 

The Chi Do Association is founded in the UK with the trading name of The Chi Clinic at 98 Church Hill Road, Cheam, Sutton, Surrey SM3 8LJ

 

The purpose of the Association is to offer competent and authoritative instruction in the healing arts & martial arts, to promote standards of conduct & professionalism in its members & practitioners.

 

The Association Board of control will consist of Founders, Tony Hardiman & Vicky Ahern-Hardiman. The Board will approve all applications for membership and direct the conduct of members and practitioners.

 

The Board or senior officers will be entitled to take fees as salaried officers.

 

The Board of control may appoint salaried or voluntary administration officers & assistants to undertake the principle affairs of the foundation, to organise events, to inspect premises & attend to all other affairs of the foundation as directed.

 

The Association may seek to obtain revenue towards the administration costs by way of membership and tuition fees, donations and gifts, the sale of books, specific works, exhibitions, demonstrations of the art, seminars and other such activities as it may deem to be appropriate.

 

Members will have no authority to conduct the affairs of the Association nor to speak or give interviews on its’ behalf.  Publicity and interviews with the press or newspapers may only be given by a Board member or an approved officer.

 

The Board may enquire as to the conduct of a member & apply sanction or comment or such disciplinary measures including revocation of membership as it sees fit in accordance with the tenet of English law.

 

The Board may appoint affiliated clubs and associations & will then act as The Parent or Governing Association.

 

An annual or special general meeting may be called in respect of a matter of discipline or misconduct by any member or accusation thereof and two other independent senior members of the Association will also sit on the board so appointed.

 

Members will be invited to One Annual General meeting each year to be held on or about the month of May with no disclosure of finances.


Overview & précis of the Rules of Conduct that are printed on pages 7-25

 

A member shall be entitled to practice the arts for which they are qualified and authorised to practice and to charge session fees or consultation fees for the application of the arts.

 

A member will at all times promote the Association as an Institute of learning and promulgate the ethic of good intent and good conduct.

 

A member shall refrain from bringing the Association into disrepute by liaison or close association with a client and shall at all times, act with discretion.

 

A member shall report or notify the Board of any infraction that may lead to disciplinary action.

 

A member shall attend regular tuition classes under the aegis of the Board and a record of attendance shall be part of the qualification process.

 

A member shall make appointments with a client and ensure that the appointment is held promptly.

 

A member shall NOT administer treatment to a minor without the parent or legal guardian present in the same room at the time of the consultation.

 

A member shall NOT administer treatment to any person who may be deemed to be unable to comprehend fully the implications of treatment or who may be seen as one easily influenced or unable to make cogent & rational decisions.

 

A member may visit a client or see the client in a clinic or their home with discretion & preferably with another person present in the same building & nearby in order to avoid any misunderstandings.

 

A member shall not ask any client to disrobe or expose any part of the body without due cause, being entirely necessary for the diagnosis and treatment, e.g. massage techniques.

 

A member engaged in massage or hands on methods will require a full consent form to be signed by the patient or clients after full verbal explanation and agreement as to the treatment to be administered.

 

A member shall be acquainted with the methods of First Aid or hold a certificate in First Aid issued by an appropriate and recognised training body.

A member shall not counsel or give advice in allopathic medical matters that should be the subject of referral to a GP or medical consultant or Psychiatrist.

 

A member may give spiritual healing and counselling where it is within the expertise of the member to do so.  That may include the removal of energy blockages and dysfunction as well as offering such as Reiki, Chi Kung and other clearing methods.

 

A member shall not seek to influence a client or others by claim of extra-sensory ability for excessive profit or ulterior gain.

 

A member shall always be presented to the client as well dressed, well mannered, caring and understanding and be seen in clean and tidy surroundings wherever possible.

 

A member shall never advise the discontinuation of any medical treatment or prescribed medication but may suggest a review consultation.

 

A member shall honour and respect the medical profession at large and not lay or imply criticism for any treatment.

 

A member shall honour and respect the practice of other arts & shall explore the merits of each art.  It is incumbent in the training to be aware of other methods.

 

A member shall respect and keep safe the confidentiality of the client save with permission in respect of open class, seminars or with regard to a treatment commenced in open class. However, a member shall not be so bound where this may conflict with the direction to disclose relevant matters to the Board or at Law.

 

A member shall be bound by the Data Protection Act & shall not disclose any client’s names or list of names to any supplier of goods or any other group of therapists or practitioners of any of the Arts other than by referral with the agreement of the client to a colleague in the pursuance of suitable remedy.

 

A member may be a member of another group but will exercise all discretion in accord to the above.

 

A member shall not offer treatment where not invited to do so or against the wish of the person.

 

A member will never offer to ‘Cure” or offer treatment suggesting a cure.

 

A member shall at all times ask permission before touching anyone and shall respect any religious or moral requirements of the client.

 

A member will be expected to have studied other major religions and ethnic practices in order to be aware of taboos and protocols.

 

A member shall at all times give honest opinion & if a case is presented that is apparently beyond the skills of the member, referral to a Board member or suitable colleague, doctor or other consultant shall be made as appropriate.

 

A member shall have reasonable access to a Board member during the hours of 10 am to 5 pm weekdays for advice or guidance.

 

Disciplinary proceedings will be conducted in private & the findings of the Board may be made public if in the general interest it is seen to be advisable and the matter may be referred to the Police or other jurisdiction for advice or prosecution.

 

Summary dismissal from the Association will be mandatory for all guilty of conduct of a sexual, racial, discriminative or abusive nature towards any person whether adult, children or minors.  This applies also to situations arising other than in connection with a clinic, practice or place of work.

 

A member who conducts martial arts classes or self-defence or any similar class will be insured to do so with an appropriate insurer and be qualified to do so.

 

Police record checks are essential with disclosure when teaching minors or special needs groups.  The issue of annual ‘Special Licence’ will suffice where this involves reference to the local police.

 

Instructors insurance is mandatory.

 

A member shall be entitled to apply for any insurance offered by or facilitated or arranged by the Association.

 

All fees due to the Association are due on demand.  Non payment after a period of 30 days following the date upon which the fees are due will result in expulsion.

 


EDUCATIONAL AND PRACTICE STANDARDS.

 

The Association will set syllabus and exams in the following subjects and oversee all training material for approval.

 

Chi-Do Chi Kung Chi Healing

 

Practitioners Anatomy, Physiology and Massage Level 1

 

Practitioners Anatomy, Physiology and Massage Level 2

 

Tai Chi Instructor

 

Qigong instructor

 

Chi-Do Martial Arts Instructor

 

Self Defence instructor

 

Any relevant course or revision syllabus for Continued Professional Development.

 

The Association will set periodic & annual major seminars with Masters from the various Tai Chi and Qigong Associations & take financial proceeds from the sale of tickets & entry fees, merchandise & other relevant matters.

The Chi-Do Association

Trading as The Chi Clinic

 CODE OF ETHICS AND RULES OF CONDUCT

 

MEMBERS SHALL AT ALL TIMES CONDUCT THEMSELVES IN AN HONOURABLE MANNER IN THEIR RELATIONS WITH THEIR PATIENTS, THE PUBLIC, AND WITH OTHER MEMBERS OF THE ASSOCIATION AND OTHER PROFESSIONALS.

 

1.         Members' Obligations to their Clients and Patients.

 

1.1      Members shall at all times conduct themselves in an honourable and courteous manner and with due diligence in their relations with their patients and the public.  They should seek a good relationship and shall work in a co-operative manner with other healthcare professionals and recognise and respect their particular contribution within the healthcare team, irrespective of whether they perform from an allopathic or alternative/complementary base.

 

1.2      Members shall have respect for the religious, spiritual, political and social views of any individual irrespective of race, colour, creed, sex, age, disability or sexual orientation

 

2.         Professional behaviour

 

2.1      The Association does not catalogue every possible misdemeanour but expects all members to conduct themselves in a professional way at all times and to be aware of the responsibilities that they incur during the course of their professional and private lives..

 

2.2      Members must never claim to 'cure' or to imply that a training method or treatment will achieve other than assist in improving a condition. The possible therapeutic benefits may be described, but full recovery must not be guaranteed or implied.

 

2.3      Members have an implicit duty, within the law, to keep all information concerning, and views formed about, patients entirely confidential between the member and the patient concerned.  This same level of confidence must be maintained by assistants and receptionists wherever  these are employed. Even the fact of a patient's attendance at a member's practice should be considered confidential and should not be disclosed to a third party without the patient's consent, including disclosure to their GP, unless it is a matter of life and death, or the law requires the information to be divulged. If in doubt, consult one of the Board members. Members must ensure that they comply with Data Protection legislation.

 

3.         Professional behaviour between therapist and client

 

3.1      Regarding personal relations between members and their clients, certain behaviour, may render a member liable to prosecution under Criminal Law.  Even if there is no prosecution such behaviour is likely to be treated as serious professional misconduct by the Board and the relevant disciplinary action taken including instant dismissal.

 

3.2      The Board is concerned mainly with the possible abuse of a member’s position of trust.  Thus the abuse of professional visits to a client's home or the abuse of knowledge gained in professional confidence to pursue a personal relationship with either the client or a member of his or her family is viewed as unethical.

 

3.3      It is also possible for clients to cause embarrassment and worry by forcing their attentions on a member or by recommending excessive amounts of treatment, unrealistic to the condition.  Any allegation of misconduct, will be examined by the Board. However members should note that within the therapeutic relationship it is the responsibility of the therapist to promote and maintain clarity of relationship.

 

 

4.      Professional behaviour between other therapists or therapies

4.1    No matter how justified a member may feel in holding critical views of a colleague's or other practitioner’s competence or behaviour, it is unprofessional and would be considered unethical that he or she should communicate such an opinion to a third party. If such conduct is noted, a report must be made to the Board for investigation.

 

5          General

 

5.1      Members must not use titles or descriptions to give the impression of medical or other qualifications and must make it clear to their clients that they are not medical doctors and do not purport to have their knowledge or skills, unless they possess them and are governed by statutory regulation. 

 

 

5.2      Members of the Chi-Do Association may belong to other organisations or associations, provided that they accept their dual membership does not give them immunity from this code of ethics.

 

5.3      If any member requires advice on a professional or ethical problem he or she may consult the Board who may refer him or her to an independent adviser or legal representative.

 

PART TWO

 

 

A.1.     RELATIONSHIPS WITH CLIENTS AND STUDENTS

A.1.1   GENERAL

 

A.1.1.1 You are free to choose whom you accept as a client or student. Having accepted a client or student, it is accepted that you will develop a relationship of trust with him/her.  You must never abuse that relationship.

 

A.1.1.2 Once you have accepted somebody as your client or student, you have a duty to provide him/her with an appropriate treatment or training and, if necessary, referral to another consultant while he/she is under your care.

 

A.1.1.3. Members' obligations to their patients are usually governed by the contractual relationship between them.  There may be certain circumstances where there is no contractual relationship, e.g. in an emergency, but nonetheless members owe their patients a duty to act with reasonable care in accordance with the standards of professional skill expected of a member.

 

A.1.1.4. If you have good reason (possibly including the safeguarding of your own well-being or reputation) to terminate a series of treatments before completion and where the client is requesting further sessions, you should negotiate this with the client, and where appropriate, arrange for the care of the client to be assumed by referral to another practitioner or other health professional.

 

A.1.1.5. The client under your care will rightly expect you, within reasonable limits, to make yourself available to them.  You should ensure that your clients have clear information about your practice arrangements and how to communicate with them.  Communication skills, underpinned by professional attitudes are essential to your competence as a practitioner.  Where communication fails, good practice often fails.  (It must be stressed, that one of the major faults with professionals of all kinds is a breakdown in communication and you must be aware of the possibility of disciplinary proceedings, where normally the burden may fall upon you to establish whether you have properly expressed yourself and communicated with the client.  Therefore you should take special care in this area).   

 

  A.1.1.6 The relationship of a member of the Association and his/her patient is that of a professional with a client.  The patient puts complete trust in a member’s integrity and it is the duty of members not to abuse this trust in any way.  Proper moral conduct must always be paramount in members' relations with patients

 

A.1.1.7 The client can expect to find you sensitive, caring, understanding and non-judgemental.  They should have your undivided and uninterrupted attention, and should know that you are making sufficient time available in which to deal properly with their needs.  If you consider that the client is making unreasonable demands, you should explain politely that you have to balance the needs of more than one client and divide your time fairly between them.  You should however be most courteous throughout.

 

 

A.1.1.8 Members must take care when explaining the procedures and treatment which they propose to administer, and should recognise the client's right to refuse treatment or ignore advice.  Treatment of a client is legally permitted only with his or her express or implied consent.  The law regards an assault as the touching of one person by another without informed consent.   It is unacceptable to solicit a client by any means to accept treatment when he or she has not specifically requested it and all treatments, especially full body lymphatic drainage methods MUST be explained and a detailed consent form signed by the patient / client .

 

A.1.1.9 You must ensure that what you and your client discuss with each other is heard and understood accurately on both sides.  This may well be difficult in certain cases, but ultimately it is up to you.  In deciding what information to give, you should use non-technical language, encouraging the client to ask questions and play a full part in the decision that has to be taken.  If you feel after this that there is still doubt as to what the client understands, it is advisable to record this in the case notes. It is your prerogative to decide not to progress with a treatment if you are concerned about this possible lack of understanding.

 

 

            A.1.1.10 For the purposes of ‘medical treatment' the consent of a minor who is 16 to 18 years of age is effective in the absence of the consent of the parent or guardian by virtue of section 8 of the Family Law Act 1969.  However, members should note that it is by no means certain that this extends to the therapies represented by the Association, and therefore they should obtain the consent of the parent or guardian of all clients under the age of 18 whenever this is possible.  When the consent of the parent or guardian cannot be obtained, members are warned that they may, in legal terms, be committing an assault on the patient, if they continue or commence treatment.

 

 

A.1.1.11 Members should ensure that they themselves are medically, physically, and psychologically fit to practice.

 

 

A.1.1.12 All members must be adequately insured to practice.  Normally this will be through their therapy association or with a specialist insurance company.  Private insurance is permitted, and if adopted, practitioners must provide evidence of this to the Association.  The insurance policy must state provision for public and employee (if personnel are employed) liability and indemnity as well as the provision for professional treatments.

 

A.1.2     Professional Practice

 

A.1.2.1 All members shall ensure that their working conditions are suitable for the practice of their therapy.

A.1.2.2 Members must take care to see that their practices are managed with due diligence. (Due diligence is the level of judgment, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances.)   In particular, delegation of professional duties should be made only in favour of those qualified to accept them.

A.1.2.3 You should never allow a treatment to be prejudiced by your views about a client’s gender, ethnicity, disability, culture, beliefs, sexuality, lifestyle, age, social status or language difficulty.  Your own beliefs and attitude must not come before the overriding interest of the client consulting you.

 

A.1.2.4 Members have an implicit duty, within the law, to keep all inform­ation concerning, and views formed about, patients entirely confidential between the member and the patient concerned.  This same level of confidence must be maintained by assistants and receptionists when these are employed. Even the fact of a patient's attendance at a member's practice should be considered confidential, and should not be disclosed to a third party without the patient's consent, including disclosure to their GP, unless it is a matter of life and death, or the law requires the information to be divulged. When in doubt concerning matters that have legal implications a member would be wise to consult the Executive Committee.  In particular members must ensure that they comply with applicable Data Protection legislation.

 

            A.1.2.5 Members must ensure that they keep accurate, clear and comprehensive records of the treatment they administer to patients. It is important that this information can be easily understood as these are legal documents and may have to be produced in the case of any dispute.

 

A.1.2.6 In any case where you discover that the client is suffering from a condition which is outside your scope of practice, you should provide the client with details of another practitioner or other competent health professional and, with the client’s consent, you should make available to such a person all relevant information.

 

A.1.2.7 Practitioners working alone in their own homes or other premises should be aware of the need for caution, particularly when they are seeing a client they have not met before. It may be necessary sometimes to take sensible precautions, such as asking another person to be on the premises during a first session.

 

A.1.2.8 Practitioners do not take up physical contact with the genitalia except in very rare circumstances. If in exceptional circumstances the client agrees, after discussion, that the practitioner should do so for good clinical reasons, then the practitioner should ask if a chaperone is requested.

 

           A specific consent form should be signed even where a patient has signed

           general consent form.

 

 

A.1.2.9 There is always the possibility that some clients may experience any contact as invasive and intimate. You are therefore advised to ensure that before taking up any contact on your client’s body you have explained fully what you wish to do, and have obtained full consent.  If not, do not touch.

 

A.1.3.  YOUR CONTRACT WITH THE CLIENT

 

A contractual relationship will exist whether verbal, agreement, contract or implication & will set out the terms of the relationship, what services are offered and the fees involved.

 

A.1.3.1 Whilst you may not have a document in writing, by agreeing to see the client, you are entering into a legally binding contractual relationship[1] with your client, the terms of which must be understood and accepted by both you and the client.  It is your duty to ensure, during and after consultation, that the client understands what you can and cannot offer.  Your side of the contract is to take reasonable care and use your professional knowledge and skill to advise or treat clients.

 

A.1.3.2 You must also ensure that anyone assisting you at your place of work is competent, bears their responsibilities, and is properly trained and supervised where necessary.  You must not enter into any business relationship to provide care with anyone who is not a practitioner and does not carry professional indemnity insurance to cover him.

 

 

 

 

A.1.4.    BOUNDARIES IN CLIENT RELATIONS

 

A.1.4.1 Clients may become your friends; you may find yourself called upon to treat professionally someone who is already a friend or a family member. There is no harm in this provided you keep a clear line, understood on both sides, between the social and the professional relationship.  At no time must a past, present or anticipated personal relationship interfere with the impartial professional position that you must maintain as a practitioner.

 

A.1.4.2 Serious difficulties will occur if you abuse your professional position to pursue an emotional (in a personal sense) or sexual relationship with a client or their close relative. This is bound to disturb the crucial relationship between practitioner and client.  It is your professional duty not only to avoid putting yourself in such a position, but also to avoid any form of behaviour, which might be misconstrued in this way.

 

A.1.4.3 You must be on your guard against inappropriately crossing the boundaries between your role as a practitioner and some other role. It is not possible to list every eventuality but you should develop an awareness of areas in which these problems may arise and act appropriately.

 

A.1.5     UNDUE INFLUENCE ON CLIENTS

 

A.1.5.1 Undue influence is a concept recognised by law where one in a potentially superior position by way of age, status or profession, could influence a more vulnerable person.  You, as a practitioner, meet clients, who are thereby vulnerable and open to persuasive influences from you.  You cannot exploit that position to your advantage as this would lead to a breach of trust. 

Examples include:

·    Pressurising clients to continue to have treatments

·    Subjecting clients to treatment that is unnecessary, or not in their best interests.

·    Prolonging treatment beyond that which is appropriate

·    Deliberately withholding necessary treatment or referral to an expert

·    Imposing one’s beliefs on a client

·    Soliciting a client to give or lend you money or other benefits

·    Charging unreasonable fees or withholding information about fees and associated costs until they have been incurred

·    Putting pressure on a client to purchase a product which will bring to you financial reward

 

 

A.2   RELATIONSHIPS WITH COLLEAGUES AND OTHER HEALTH PROFESSIONALS

 

A.2.1 You should work in cooperation with other practitioners and health care professionals to obtain the best result for each individual client and ensure that any other professional you delegate to complies with your requirements.

 

A.2.2 You must refer clients to another practitioner where necessary, ensuring that the person to whom you have referred them is competent to carry out the treatment involved.  When referring a client or when a client is transferred to another therapy you must provide the other practitioner with the relevant information about the client, ensuring that you have first obtained the client’s consent.

 

A.2.3 If something comes to light during a treatment, which you believe it is in the interests of the client’s health for the G.P. to know, you should advise your client to consult his G.P. or ask the client’s consent to inform the G.P. If in doubt, seek advice from an Association Board member.

 

A.2.4 You may comment on the ability of your professional colleagues when providing a reference or in other circumstances, provided that your comments are honest and sustainable.  Similarly, you may use professional journals to advocate your way of doing things, so long as you avoid criticism of named colleagues and do not claim superiority for yourself.

 

A.2.5 However, if you believe a colleague’s conduct, health or professional performance poses a threat to clients, you have a number of responsibilities. First, you should find out the facts, then, if appropriate, you must take action designed to protect clients.  If necessary, you should, in confidence inform an employer or somebody else in authority.  Any such comment must be honest and sustainable.

 

A.2.6 A practitioner shall not undertake the treatment of a client known to be under the care of a fellow practitioner without the consent of that practitioner, except in an emergency or if satisfied that the former practitioner has been duly informed of the transfer.

 

A.2.7 If a client chooses for personal reasons to transfer to another practitioner or member without the knowledge or recommendation of the original practitioner or Association member, it would be advisable as a matter of courtesy for the transferee practitioner or member to inform the original practitioner or member.  Some methods of treatment do conflict and some clients are addicted to therapy.  Discretion and consideration of the facts of each case will decide action.

 

A.2.8 No matter how justified a member may feel in holding critical views of a colleague's or other practitioner’s competence or behaviour, it is unprofessional and would be considered unethical that he or she should communicate such an opinion to a third party.

 

A.2.9 If any dispute arises between members regarding their professional practice, the matter should be referred to the Board. If they were unable to adjudge the matter to the satisfaction of both parties, then the most likely outcome would be that both parties would be considered at fault and that only a civil action could resolve it.

 

A.2.10 Members must not countermand instructions or prescriptions given by a doctor.

 

A.2.11 Members must not advise a particular course of medical treatment, such as to undergo an operation or to take specific drugs.  It must be left to the client to make his or her own decision in the light of medical advice.

 

 

A.2.12 Members must not give an allopathic or medical diagnosis to a client. This is the responsibility of a registered medical practitioner.  However, many members have a 'gift' of diagnosis and of discovering dysfunctions in the physical, emotional, mental and spiritual aspects.  In this case the member may make a mention of any believed disorder which he may discover and may advise the client to see the doctor for a medical diagnosis.

 

A.2.1.3            Where acting as an assistant or locum, a practitioner may not procure for the benefit of another practice any client of the principal’s practice, neither for the duration nor within six months of the termination of the agreement, without the written consent of the principal.

 

B CONSENT

 

NEED FOR INFORMED CONSENT

 

B.1.1. Before instituting any treatment, you should ensure that informed consent to such treatment has been given.  Failure to obtain informed consent could lead to civil proceedings and complaints against you.

 

B.2      MEANING OF INFORMED CONSENT

 

B.2.1. Informed Consent means consent that is given by a person who has been supplied with all the necessary relevant information about the treatment.

 

B.2.2. The person by whom the treatment is sought must possess the necessary intellectual capacity to give such consent.  (You are referred to the sections B3 and B4 relating to children and those lacking intellectual capacity.) A person in the normal course of events has the intellectual capacity to give consent if he is able to:

·    Understand in simple language what the treatment is, its purposes and why it is being proposed.

·    Understand its principal benefits, possible consequences and alternatives.

·    Retain the information for long enough to make an effective decision.

·    Make a free choice.

 

B.2.3. A person will have legal capacity to give consent to a treatment if that person is within the age of the relevant law for giving such consent.  As noted in section B5 below, the relevant age for the giving of such consent does differ and therefore it is up to you to ensure that you are aware of the particular law pertaining to the country you are in

 

B.3        CHILDREN AND THOSE WITH A DISABILITY

 

GENERAL

B3.1 If a parent or guardian is present during a treatment then consent is implicit.  However, it is appropriate to obtain a parental signature upon a consent form where examination or palpation is necessary.

 

B.3.2 You must bear in mind that a child has a right to participate at any age in decisions about his or her treatment. Part of the therapist’s skill should be in knowing when a child is consenting to treatment or any aspect of a treatment. If this consent is not forthcoming, then you should not proceed with that treatment whatever are the wishes of the parent.

 

B.3.3 On parental consent, because of the practical difficulties involved in determining how the relevant law applies in any particular case, you are advised to act as follows: 

 

B.3.4 If the client is under the age of 16, you are advised not to carry out a treatment unless you are satisfied that the client’s parents or other legal guardian have given their consent and are present in the same room at the time of the consultation. 

 

B.3.5 There might be extremely rare circumstances where you believed that you should treat a child under the age of 16 without parental consent. If this situation arose you should not proceed without legal advice.

 

B.3.6 It will be noted that you are committed to being able to demonstrate in your particular treatment or care of a child that you will safeguard the child from harm and have a positive and safe environment for the child or children concerned.  You must bear in mind the following and be reasonably able to:-

·    Recognise when the child might be at risk or harm from any circumstance, either connected with your treatment or otherwise.

·    That the need may arise for working with and referring to other agencies.

·    Confidentiality and when it may be necessary to break it.

·    Record keeping.

 

 

B.4        CLIENTS OVER THE AGE OF 16 WHO DO NOT HAVE INTELLECTUAL

              CAPACITY

 

B.4.1 Where a client is over 16 and does not have the intellectual capacity to give informed consent (see paragraph B.2.2), then before carrying out any treatment you should obtain the consent of the parent, guardian or other person with the care of the client.

 

B.5     CLIENTS OVER THE AGE OF 16 BUT UNDER 18 WHO DO HAVE INTELLECTUAL    CAPACITY

 

B.5.1 In the case of clients over the age of 16 but below the age of 18 who do have intellectual capacity, you are advised not to carry out any treatment unless you are satisfied that:        

·  The client has been given sufficient information to allow consent to be given.

·  The client has given informed consent.

·  The client is actually not below the age of 16 and that the parent or guardian is

    aware of and approves the treatment.

 

The age of consent is not the same in different parts of the United Kingdom. You must therefore ensure that you are aware of the law relating to the area. 

 

C  CLIENTS’ RECORDS AND CONFIDENTIALITY

C.1      GENERAL RULE OF CONFIDENTIALITY

C.1.1. Confidentiality underpins your relationship with your clients.

C.1.2. You should keep to yourself any personal information you learn or record and the opinions you form in the course of your professional work.  This duty extends to your staff. 

C.1.3. You must ensure that confidential information which you are responsible for is securely protected and that you store it or dispose of it when no longer required.  You must keep any records on any clients properly secured to protect them as well as possible against any theft, fire or any other disaster.

C.1.4. When you decide to disclose confidential information you must be prepared to explain and justify your decision.

C.1.5. You may need to allow your Inspector of Taxes to see your practice financial records but to protect the client’s confidentiality in such circumstances, financial information should be kept separate from clinical notes.

C.1.5. Subject to the matters set out below, you shall not disclose to a third party any information about a client, including the identity of the client, either during or after the lifetime of the client, without the consent of the client or the client’s legal representative. 

 

C.2      EXCEPTIONS TO THE GENERAL RULES OF CONFIDENTIALITY

C.2.1. Exceptions to the rules of confidentiality are that you may disclose to a third party information relating to the client:

·    If the client has requested this.

·    If you believe it to be in the client’s interest to disclose information to another health professional and the client has given his consent.

·    If you believe that disclosure to someone other than a health professional is essential for the sake of the client’s health and the client has given his consent.

·    If disclosure is required by Statute i.e. an Act of Parliament.  This will be concerned with issues such as Drug Trafficking and Terrorism.

·    If you have been directed to disclose information by any official having a legal power ordering disclosure. These are officers appointed by Act of Parliament (Serious Fraud Office or Inland Revenue) or a court which can summons you as a witness. In all these cases written evidence of their powers to request the information should be provided.

·    If upon seeking advice from the Association or consulting your solicitor you have been advised that disclosure should be made in the public interest.

·    If there is risk of harm to self or others.

·    If, following an ethical process of decision making and acting in good faith, you decide that disclosure is for the greater good and is more important than privacy of the individual.

·    In each case, where disclosure is considered appropriate you shall:

·    Inform the client before disclosure takes place unless it is advisable, or legally required, not to do so. 

 

·    So far as is reasonably practical, make clear to the client the extent of the information to be disclosed, the reason for the disclosure and the likely consequence of disclosure where to do so is appropriate.

 

·    Disclose any such information as is relevant.

 

·    Ensure as far as possible that the person to whom disclosure is made undertakes to hold information on the same terms as those to which you are subject.

 

·    Record in writing the reasons for such disclosure clearly on any record for future use.

 

You are strongly advised to consult a solicitor if you are placed in a situation where the appropriate legal, ethical or moral path is not immediately apparent.

 

 

C.3      CONTENTS OF RECORDS

 

C.3.1.  You must keep accurate, comprehensive, easily understood, contemporaneous dated case notes including the following details for not less that 7 years.

·    The person’s details: names, address, age, telephone numbers

·    G.P.’s details if the client agrees.

·    Any problems and symptoms reported by the client.

·    Relevant medical and family history.

·    The information or advice you give on the initial and any further treatment.

·    The decisions made by you.

·    Treatment you gave and any observations.

 

C.4      OWNERSHIP OF AND RESPONSIBILITY FOR RECORDS AS BETWEEN THERAPISTS

 

C.4.1.  Where you work together with other therapists in any capacity, in the same practice or premises, whether as employer or employee or otherwise, you are advised to enter into a specific written agreement as to ownership of, and hence, responsibility for the records of clients whom you treat in that practice or those premises.

C.4.2.  In the absence of any legal rule or such specific agreement as is mentioned immediately above to the contrary, clients’ records, correspondence and other records of a similar nature, shall be deemed for the purposes of the provisions of this Code to be the property and responsibility of the therapist (if any) to whom the practice belongs.  Ultimately however, it is for the client to choose if he or she wishes the records to be transferred elsewhere to another therapist and those records must be in their original form and forwarded immediately subject to the payment of any reasonable administrative charges subject to the limitations of current statutory policy.

C.4.3.  In the case of a therapist working with other therapists, where there is any possibility of doubt on the part of a client, you have a responsibility for ensuring that each client has written confirmation of the name and status of the person who is responsible for the client’s day to day care, supervising the client’s overall treatment, responsibility for records and the person to approach in the event of any problem with any treatment.

 

 

C.5      RETENTION OF CLIENTS’ RECORDS

 

C.5.1. Such records shall be retained in your custody for a period of 7 years from the date of the last visit the client made.

C.5.2. Where records should be so retained until the client reaches the age of 21 plus 7 years.  In the event of the client suffering from a mental or physical disability, so as to preclude the client from being able to make his own decisions, the records should be kept for a period of at least 15 years and thereafter you should take legal guidance on the retention of such notes in particular circumstances.

C.5.3. You should make prior arrangements that on the closure of a practice for whatever reason, including death, the records of the clients should be deposited for safe keeping and notification of the deposit shall be given to the Association.

C.6      DISPOSAL OF RECORDS

 

C.6.1.  Destruction of records must be done securely, usually by shredding. 

 

C.7      ACCESS TO RECORDS BY CLIENTS

 

C.7.1. The Data Protection Act 1998 gives clients the right of access to information held in their health care records by professionals such as you.  This right extends also to people appointed on behalf of a client, and to the representatives of any deceased clients.  The Act sets out the method of disclosure and your right to object, particularly if you feel this would not be in the client’s best interest.  If necessary, you should seek advice, from your own solicitor, before disclosing records.

C.7.2. Subject to the last paragraph, and if so requested by a client in writing, you shall make available to the client, without delay, copies of any records or comments in accordance with the statutory provisions. Where you release original records for any reason to a client, for a purpose other than the transmission to another health professional, you are advised to obtain from the client an undertaking for their return, and to keep a copy for yourself. You are entitled to charge a reasonable administrative charge or fee in respect of such disclosure up to the current amount under the Data Protection Act 1998.

C.7.3. Any clinical records you keep on computer are subject to the provision of the Data Protection Act 1998 under which you may be required to “notify” the Information Commissioners office. To establish whether or not you are required to do so visit   "http://www.informationcommissioner.gov.uk/eventual.aspx?id=2662" )

 

People whose clinical records are kept on computer have the right to inspect them.

C.8      PROVISION OF INFORMATION CONTAINED IN HEALTH RECORDS TO LEGAL BODIES

C.8.1. If you are required or requested to give evidence or information to a Court or other Tribunal you should do so with care.  Whatever evidence is given you must be independent or impartial. 

 

D.1      NO MEMBER MAY ADVERTISE, ALLOW HIS OR HER NAME TO BE ADVERTISED IN ANY WAY, OR BE INVOLVED IN ANY PUBLICITY, EXCEPT IN THE FORM LAID DOWN BY THE ASSOCIATION

 

D.1.1. Members are permitted to advertise providing that the advertisements do not make claims to cure any condition or illness.

 

D.1.2. Members are permitted to show the Association logo in an advertisement or on their headed notepaper, but it must not be used to advertise courses, which would give the impression that the member was acting as a representative of, or under the direction of the Association.

 

D.1.3.  Door plates, signs etc, must not be considered a form of advertisement for the member and therefore must not appear to be such. Nothing more than the normal professional plate customary in the member's area of practice is permitted.

 

D.1.4(a) Letter headings, business cards and other stationery used in 'private practice' must be in a strictly professional style and may show only the business or company name if used, member's names, designated letters, contact details and if desired such as Massage therapist, Tai Chi Instructor or other title provided this is accurate and not protected by statute.

 

D.1.4(b) Members are reminded that whether or not they practise under a business name, it is a legal requirement that all partners' names must be included on all business stationery and at the premises of the practice.  Special rules apply to partnerships of more than 20 persons.  Changes in partnerships should be noted as soon as they occur.  Members involved in any such business should make themselves aware of the legal procedures relating to the running of same.

 

D.1.5. Members are advised to consult the Association before participating in any form of publicity in the press, on television or radio because:

 

D.1.6(a) There may be difficulties that can be avoided only by means of expert advice.  When asked for comment by a newspaper, especially a national newspaper, members should realise that they have little or no control over the published form and content, nor is there any certainty that they will be quoted in full, or in the context they intend.  Similar dangers exist in edited television or radio programmes.

 

D.1.6(b) If not properly informed on the subject matter a contributor could be responsible for the publication of incorrect information and thus be the cause of misleading information reaching the public. 

 

D.1.6(c) The Board and every member must take all steps to ensure that publicity is seemly and proper and does not in any way damage the public image of their profession or the Association's interests.

 

D.1.7.  The circulation of literature intended to educate and inform the public about the work of the member, the scope of his or her services etc, is perfectly acceptable. 

 

D.1.8.  Any reference to an individual member must be confined to his or her name and designated letters.

 

D.1.9. The literature offered should be of a strictly professional style and format.

 

D.1.10. The literature may be made available at exhibitions or seminars or in the reception area of the practice or posted at the request of an interested Individual

 

D.1.11 The use of mass marketing techniques is not encouraged.

 

D.1.12 Members may publish books, pamphlets and articles of an informative nature about the therapies and other subjects relevant to them.  Such publications must, however, be of scientific or educational value and must avoid matters that might be considered to be in the nature of personal advertising and should be limited to the author's name, address, credentials and profession.

 

D.1.13 Members are allowed to produce and market products like Aromatherapy oils, provided that they are qualified to do so, are fully insured and that the appropriate procedures are followed.

 

E. MEMBERS ARE PERMITTED TO ENGAGE IN THE TEACHING OF ANY THERAPY IN WHICH THEY ARE QUALIFIED (AS RECOGNISED BY THE ASSOCIATION), PROVIDED THAT:

 

            E.1 Teaching is in the form of a workshop only.

 

E.2 No certification is issued other than a certificate of attendance.

 

E3  The issue of certificates or diplomas of competence are the sole responsibility of the Association after a course set by the Board has been completed.

 

F. MEMBERS OF THE CHI-DO ASSOCIATION MAY BELONG TO OTHER ORGANISATIONS OR ASSOCIATIONS PROVIDED THAT THEY ACCEPT THEIR DUAL MEMBERSHIP DOES NOT GIVE THEM IMMUNITY FROM THIS CODE OF ETHICS.

 

F.1    Equal Opportunities Policy

 

F.1 This policy applies to the Association’s members, its Honorary Officers and staff.

 

All references to the workplace are taken to mean workplace of:

 

i)          The Association

ii)         A Training Establishment

iii)         The member - in this case it includes all places in which the Physical Therapies are practised

 

F.2 The Association is committed to a positive and pro-active approach to equal opportunities, which encourages, supports and values diversity.  To this end it will fulfil its legal obligations under all relevant legislation whether current or introduced at a future date.

 

F.3 The Association requires all members to whom this policy applies to behave in a non-discriminatory manner and expects their full support in changing institutional practices that deny or limit equality.  All members have a duty whether or not contractual to comply with this policy statement and any breach of this will be regarded as serious misconduct and will be dealt with accordingly.

 

PART 3

 

G   COMPLAINTS AND STATUTORY REQUIREMENTS

 

G.1      ACTION TO BE TAKEN

 

 

G.1.1. You may be an excellent practitioner, but inevitably, from time to time, things may go wrong. You must act promptly and appropriately if you become aware of any error on your part or if a client complains of any aspect of your professional practice.  In this event, you are advised to promptly inform and seek guidance from your insurers or legal adviser first before consulting your client, but you must act promptly.

 

G.1.2. You must ensure that clients have clear information as to how to make a complaint.  When handling a complaint, you must act promptly and constructively, putting the interests of clients first and cooperating fully with any external investigation. 

 

G.1.3. If someone complains about your apparent failure in care they are entitled to a proper investigation and an explanation as to what has happened.  You should take the initiative when putting things right.  Because questions of compensation may arise, you should ensure that any apology is only given with the consent of your insurer. Any such apology should assure the client that you have taken full steps to prevent a recurrence. 

 

 

H.1       DUTY OF CARE

 

H.1.2. Even if you have not charged a fee or do not believe that you entered into a contractual relationship, if you treat a client, you owe a duty of care to that client.  Accordingly, anyone suffering injury or loss because you have not used reasonable skill and care in accordance with your profession and the norms for all practitioners may result in a case against you for damages for negligence in the Civil Courts. In such a case the Court will not only judge whether the standard of care was reasonable, but whether the damage suffered was a direct result of a breach of your duty of care.  You should therefore always maintain high professional standards to minimise any risk.

 

H.1.3. Errors of judgement or wrong decisions do not necessarily amount to negligence.  The finding of the Court or Tribunal will depend on, whether, on the balance of probability the care you provided was reasonable.  It therefore follows that you will minimise any risk if you:

 

·          Maintain your professional standards.

·           Keep abreast of developments in Complementary Care and general health

            issues.

·          Stay within the limits of your personal and professional competence.

 

I.1.       LEGAL LIMITATIONS ON WHAT YOU CAN DO

 

I.1.2. The law prohibits you from doing a number of specific things. Whilst this is not an exhaustive list, they include:

 

·    Advertising treatments to cure cancer and carrying them out. But this does not preclude the palliative care of those suffering from this disease.

·    Advertising yourself using a title protected by Statute, unless you are qualified to use said title.

·    Diagnosing or performing tests on animals in any way, or giving advice following diagnosis by a registered veterinary surgeon where you countermand their instructions, unless you are yourself a registered veterinary surgeon.

·    Attending women in childbirth, or attending for treatment for ten days thereafter without the jurisdiction and knowledge of the attending midwife, unless you hold an appropriate qualification in midwifery.

·    Treating venereal disease as defined in the 1917 Venereal Diseases Act unless you are a medical practitioner. 

·    Using manipulation or vigorous massage unless you possess an appropriate qualification to do so.

·    Prescribing remedies, herbs, supplements, oils etc unless your training qualifies you to do so. 

·    Signing certificates which require the signature of a registered medical practitioner.

 

 

J.1       NOTIFIABLE DISEASES

 

J.1.1. It is a statutory requirement that certain infectious diseases are notified to the Medical Officer of Health of the district in which your client resides or in which he is living when the disease is diagnosed.  The person responsible for so notifying is the G.P in charge of the case.  If therefore, you suspect that you have discovered a notifiable disease, which clinically is identifiable as such, you should insist that a doctor is called in.  Each Local Authority decides which diseases shall be notified in its area.  There may be therefore local variations. The list includes:

 

Acute encephalitis.  Acute meningitis. Anthrax. Acute poliomyelitis. Cholera. Diptheria. Dysentry. Food poisoning. Leprosy. Infective jaundice. Malaria. Leptospirosis. Measles. Opthalmia neopatorum. Paratyphoid fever. Plague. Relapsing fever. Scarlet fever. Tetanus. Tuberculosis. Typhoid fever. Whooping cough and Yellow fever.

 

PART  4

 

K.1.   BREACH OF THE ETHICAL CODE RENDERS MEMBERS LIABLE TO DISCIPLINARY ACTION WITH SUBSEQUENT LOSS OF MEMBERSHIP, PRIVILEGES AND BENEFITS OF THE ASSOCIATION

 

K.1.1. Members may be assured that all professional complaints and allegations, written or verbal, made against them, will receive an initial careful examination by the Board.

 

K.1.2. If any member requires advice on a professional or ethical problem he or she may consult the Board.

 

K.1.3. Members should be aware that the Board is obliged to accept the findings of a court of law, and is not able to re-open the investigation of facts that led to a finding.

 

K.1.4. A Disciplinary Committee will consist of no less than 3 people consisting of at least one of the same profession as the one under investigation and at least one lay person with the Board of Control.

 

K.1.5. The Disciplinary Committee can, after an initial pre-hearing discussion, choose to reject a complaint without a hearing. It cannot choose to find in favour of the complainant without a hearing.

 

 

L.1       Disciplinary Procedures - Breach of the Code of Ethics

 

L.1.2. A professional complaint or allegation made against a member will initially be considered by the Board.

 

L.1.3. If, upon such consideration the Board finds that the complaint or allegation is of such substance or seriousness as requires further investigation, the complaint or allegation can then be referred outside the Association.

 

L.1.4. If the complaint or allegation is deemed to be of a serious nature a Board member has the power to suspend the respondent’s membership of the Association until such times as the matter has been fully considered by the Board.

 

L.1.5. Other than in exceptional circumstances any complaint or allegation referred to the Board, which has been made orally, shall be required to be made in writing by the complainant for consideration. If a finding of the Court of Law is to be referred to, then documentary evidence of the findings of the court shall be obtained.

 

L.1.6 The Board shall consider the complaint or allegation. The complainant shall be invited to attend the hearing to give evidence. The complainant may call witnesses to give evidence if he or she so wishes; such witnesses should normally file written statements in advance. Any witness giving evidence, other than the respondent or complainant, may not be present during the hearing other than at the time when they give evidence.

 

L.1.7. The respondent member should attend the hearing and give evidence. The respondent may call witnesses to give evidence if he or she so wishes but such witnesses should normally file written statements in advance. Proceedings may be tape recorded.

 

L.1.8. The complainant and respondent may both be legally represented and will have the opportunity to ask questions of each other and of the witnesses; subject to the power of the Board to regulate the hearing in order to ensure that it is conducted fairly.

 

L.1.9. The membership of the Board in any individual case will be notified in advance to both the complainant and the respondent. If any objection to a member is taken, it shall be put in writing in advance of the hearing.

 

L.1.10. If a complainant or respondent wishes to have a supporter with them throughout the hearing, they should notify the Board in advance. Such a supporter would not normally speak.

 

L.1.11. At any stage before making a final decision the Board may request additional information or seek professional advice.

 

L.1.12. The hearing may proceed in the absence of the respondent provided the Disciplinary Committee is satisfied that the notice of the hearing has been sent to the respondent by registered post to the last address they provided to the association.

 

L.1.13.  Having heard and considered the evidence, and any submissions made, the Board shall decide whether or not the professional complaint or allegation has been proved.

 

L.1.14. The decision of the Disciplinary Committee may be either unanimous or by majority. All members must vote with no abstentions permitted.

 

L.1.15. The Board may either decide to announce their decision orally at the end of the hearing, or to reserve their decision and give it in writing within 7 days. In either event the reasons for the decision will be put in writing and provided to both the complainant and the respondent.

 

L.1.16. If the Board finds against the respondent, then disciplinary action may take the following forms:

 

i) Written warning – this will be appropriate for minor breaches and will notify the respondent that if their standard of behaviour has not improved sufficiently, or if further breaches which are of a similar nature have occurred within a specified time scale, then a final written warning may be issued. Details of the required change in standard of behaviour will be made explicit in the written warning. The length of time for which this warning will remain on record will also be included within the letter.

 

ii) Final written warning – this can be given in the case of very serious breaches, or where the required improvement in an initial written warning has not been achieved, and it has been necessary to move to this stage.  If a final written warning is necessary the member will be informed that if his/her conduct does not improve within a specified time, or further infringements occur he/she will have his/her membership of the Association terminated.

 

iii) In the case of either i) or ii) above, the Board may make certain requirements as to supervision or retraining. In the event that these are not adhered to, the Disciplinary Committee may reconsider the matter.

 

iv) Immediate termination of membership of the Association – this will occur in cases of gross misconduct or if the required improvement has not been made following either i) ii) or iii)

 

L.1.17. Where a member is expelled from the Association as a result of disciplinary action, all previously awarded Association qualifications and certificates must be returned to the association acknowledging receipt of the decision and confirming that the contents of the letter are understood and will be abided by. The respondent’s name will be removed from the list of members.  A record of the decision and removal will be maintained by the Executive committee of the association with no limit of time.

 

L.1.18. If the Executive Committee is, or becomes, aware of a therapist they have expelled being a member of any other professional or occupational body, then they will notify that body of the decisions made by the Association and the reasons for those decisions.

 

L.1.19. No appeal lies to the Chi-Do Association against the decision of the Disciplinary Committee.

 

L.1.20. All proceedings of the Disciplinary Committee should in the usual course of events be conducted in private.  This will not be the case in the event of criminal proceedings or in the public interest to publish an expulsion.

 

When the hearing is complete and decisions made and acknowledged, all the paperwork should be filed in a secure place and retained by the Executive Committee with no limit of time.

 

L.1.21. It should be noted that the Disciplinary Committee has no power to make any orders relating to costs of the Disciplinary Hearing.

 

L.1.22. Registered Therapists are advised to keep the Board informed of changes in their contact details.

 

L.1.23. Registered therapists are advised to seek appropriate support, advice and representation in the event of a complaint or concern being received about their practice.

 

L.1.24. A registered therapist who becomes aware of circumstances which might result in a complaint being made regarding his/her conduct can contact the Board and make a statement. The making of such a statement may be a consideration taken into account by a Disciplinary Committee when considering a case.

 

IN CONCLUSION:

 

It is finally reiterated that no document can cover all eventualities

.        

 

CONSULT THE BOARD OF THE CHI-DO ASSOCIATION BEFORE PRECIPITATING ANY ACTION WHERE THERE IS ANY DOUBT AS TO THE CORRECTNESS OR VALIDITY OF THE ANTICIPATED ACTION.

 

 



 

 

Enquiries by members of other associations and members of the public, authorised bodies and schools are welcomed.