Physiotherapy and the law: what you need to know

 
Physiotherapy and the law: what you need to know

Physiotherapy and the law: what you need to know

 
Physiotherapy and the law: what you need to know

Physiotherapists must be registered with the Physiotherapy Board of Australia (the Board) and meet the Board’s registration standards to be able to practise in Australia.



This includes certain requirements that need to be filled as registered physiotherapist under the law.


Physiotherapists are licenced to practice law under the Health Practitioner Regulation National Law Act 2009 (the National Law).


The Board, along with the other national boards, work in partnership with the Australian Health Practitioner Regulation Agency (Ahpra) to administer the National Law in each state and territory.


‘The Board’s role under the National Law is primarily to protect the public and ensure access to an appropriately skilled workforce  and it sets standards and policies.


'The Board approves the accreditation standards for qualifications that lead to registration, publishes codes and guidelines for  physiotherapists and maintains a register of practitioners,’ says Physiotherapy Board of Australia Chair Kim Gibson.


Obligations of being a registered physiotherapist Under the National Law, your obligations of being a registered physiotherapist are to:



  • complete an approved program of study

  • meet national registration standards, codes and guidelines

  • renew registration every year and notify the Board of changes to principal place of practice, name or address within 30 days

  • maintain recency of practice

  • carry out, record and reflect on continuing professional development (CPD)

  • make mandatory notifications about ‘notifiable conduct’

  • notify in writing within seven days if charged with, or convicted of, an offence punishable by 12 months’ jail

  • comply with audits to check renewal declarations.


The majority of physiotherapists are professional and practise appropriately.


Physiotherapy, as a profession, has one of the lowest rates of complaints or notifications (176, or 0.5 per cent) in comparison with the other 15 regulated health professions.


According to Kim, ‘this indicates they are well trained and qualified, ethical and well aware of their professional obligations.’


Professional indemnity insurance


All practising physiotherapists must have professional indemnity insurance (PII).


Often employers will organise PII, but it is the individual practitioner’s responsibility to make sure they are adequately covered.


You may need your own additional PII in certain circumstances—for example to cover any additional practice outside of the workplace in which PII was supplied, such as being a volunteer physiotherapist  for a sports team.


Code of conduct and mandatory notifications


The Board’s code is legally enforceable. Practitioners have a duty to make the care of patients or clients their first concern and to practise safely and effectively.


It is a legal requirement under the National Law that registered health practitioners and their employers make mandatory notifications for ‘notifiable concerns’.


There are four that may trigger a mandatory notification, depending on the risk of harm  to the public:



  • impairment

  • intoxication while practising

  • significant departure from accepted professional standards

  • sexual misconduct.


Failure to report can also lead to disciplinary action.


The majority of complaints received in the last year were about poor clinical care with boundary violations, documentation and communication being the next most common causes.


Having a complaint made about you can be a frightening experience. Ahpra and the Board wish to help physiotherapists cope and guide them through the process if needed.


‘We seek to ensure all practitioners can be supported to provide safe, ethical care. Physiotherapists are well respected in the community, they serve the interests of the whole community by protecting and promoting health to improve wellbeing,’ says Kim.


There are resources on the Board website including videos and podcasts explaining the process for registering and your obligations under the National Law.


>> Visit the Board’s website here for more information.


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