Ethics of OT

Question 1

What are the ethical principles that help guide occupational practice?

Answer 1

Autonomy
‘To respect an autonomous agent is, at a minimum, to acknowledge that person’s right to hold views, to make choices and to take actions based on personal values and belief’s (Beauchamp & Childress, 1994, P. 125).

Non-maleficence
‘Above all do no harm’(Beauchamp & Childress, 1994). While simple in definition, in practice this principle can be quite complex, with numerous ambiguities in the definitions of harm and injury (Beauchamp & Childress, 1994).

Beneficence
This principle outlines that occupational therapists are not only obligated to respect their clients autonomy and cause no harm or injury, but must contribute to their welfare (Beauchamp & Childress, 1994)

Justice

Freegard (2012) identifies four ways to determine the equitable and fair distribution and allocation of scarce resources in the health sector: i) justice as fairness – those with equal needs should be served equally without discrimination or prejudice; ii) Comparative justice – those with the greatest needs should receive more of the available resources without discrimination or prejudice; iii) distributive justice-resources should be allocated based on a set of social norms that are pre-determined; and iv) compensatory justice-those who experience discrimination or prejudice should receive more resources to address this imbalance.

Secondary principles that OT’s should consider
1. Confidentiality
2. Procedural justice
3. Duty
4. Veracity
5. Fidelity

Question 2

How can a code of ethics improve ethical practice in occupational therapy?

Answer 2

A code of ethics is a transparent disclosure that provides guidance of how a profession or organization is expected to behave and function, and is intended to be a reference for users in their decision making. A code of ethics can also be used as a framework to facilitate discussions about ethics and to improve management of dilemmas that might be encountered by an occupational therapist.

Question 3

What is the name of the legislation that is most relevant to occupational therapy practice?

Answer 3

Section 39 of the Health Practitioner regulation National Law Act 2009.

The aim of mandatory notification requirements it to prevent the public from being placed at risk of harm. AHPRA should be notified if a health professional believes that an occupational therapy student or practitioner has behaved in a way which presents a serious risk to the public.

Question 4

Name three other pieces of legislation (either national or state-based) that occupational therapists should be aware of in their practice? Why are these relevant to occupational therapy practice?

Answer 4

1. AHPRA can be notified for student breaches of the same ethical and conduct standards expected of qualified practitioners. This includes if the educational provider reasonably believes, ‘a student enrolled with the provider has impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm’ (AHPRA, 2014, p. 11).
2. Commonwealth freedom of information Act 1982. All clients have the right to request access to their medical notes.
3. The Disability Discrimination Act 1992. Disability discrimination may happen when people with a disability are treated less fairly then people without a disability.

Occupational therapists need to be aware of how their occupational therapy practice impacts on the lives of the people they work with who may have a disability. Occupational therapists working in different Australian states also have to be aware of relevant laws of all three levels of government in their particular jurisdiction.
For example, each jurisdiction will have its own Mental Health Act Outlining specific criteria for providing treatment, care support and protection for people who experience mental illness as well as providing protection of legal rights.