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The law and FHP

Discussion in 'United Kingdom' started by footsiegirl, Aug 22, 2010.

  1. footsiegirl

    footsiegirl Active Member


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    Working as an FHP…Legal Stuff
    OK, so a great deal of this will be applicable to Chiropodists and Podiatrists too, but I have been asked by a couple of people about various aspects of FHP work, and rather than send personal messages, I thought I would start thread to kick things off. This thread concerns the legal implications, and covers working as an FHP, the laws relating to self employment, Data Protection, Clinical Waste, and probably other aspects too. This isn’t the definitive work, just the beginning of hopefully a useful discussion surrounding legal issues.

    This first post is concerned with :

    LEGALITIES concerning the use of the titles “chiropodist” and “podiatrist”

    These are legally protected titles, and for the FHP this means it is illegal to call yourself one.

    You cannot state that you do “chiropody” or “podiatry”, and as the public generally do not know the difference, it is the responsibility of you as an FHP to inform them, and not mislead them.

    Advertising (and their categories) should NOT contain the words Chiropody or Podiatry, and all your marketing material such as business cards, fliers, headed paper and so on should clearly state your FHP status . IE you must not use Chiropodist/Podiatrist on such material.

    If you advertise on someone else’s website (over which you may have little influence ) you must ensure that you are not in breach misleading people over your title and skills. This also applies if you have your own website.

    I would advice you to put a clear disclaimer on the website.

    Right that’s all for now…any helpful comments are naturally appreciated.
     
  2. footsiegirl

    footsiegirl Active Member

    LEGALITIES and Data Protection - Specifically the Data Protection Act 1998

    coming next...
     
  3. footsiegirl

    footsiegirl Active Member

    Legalities and the Data Protection Act 1998...hopefully of interest to everyone:

    Most individuals handle some sort of “data” in our every day lives. Since the inception of the DPA 1998, we have all become increasingly aware of our responsibilities to protect data from its indiscriminate use. In the health sector, this responsibility is highlighted on the website linked here

    www.ico.gov.uk/what_we_cover/data_protection.aspx -

    Basically: The Data Protection Act requires anyone who handles personal information to comply with a number of important principles. It also gives individuals rights over their personal information.

    I would advise any one uncertain of their responsibilities to the DPA 1998, to go to the (ICO) Information Commissioners Office Website, for clarity.

    There is a step by step guide to help you decide whether you have legal responsibility to register as a Data Controller with the ICO.

    Even if you do not need to register, anyone handling data will have to conform to the DPAs regulations with regard to protecting data. It is also permissible to register as a Data Controller voluntarily.

    For any one who stores data on a computer database, there is definitely a legal responsibility to register with the DPA. The cost is nominal and is renewable annually. This can be done online.
     
  4. footsiegirl

    footsiegirl Active Member

    Coming next...Legalities and Clinical waste management
     
  5. footsiegirl

    footsiegirl Active Member

    LEGALITIES and the management of clinical waste:

    Pertinent to all health care practitioners.

    I found the information from The Dept of Enviornment, Food and Rural Affairs useful (DEFRA)

    www.defra.gov.uk/environment/waste/.../hazwaste/clinical.htm -

    Clinical waste is defined in the Controlled Waste Regulations 1992. It means any waste which consists wholly or partly of:

    * human or animal tissue;
    * blood or bodily fluids;
    * excretions;
    * drugs or other pharmaceutical products;
    * swabs or dressings; or;
    * syringes, needles or other sharp instruments;

    which unless rendered safe may prove hazardous to any person coming into contact with it. And:

    * any other waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it.

    What controls are there on the disposal of clinical waste?

    Clinical wastes are healthcare wastes that may prove hazardous to those that come into contact with them. There are stringent controls in place to ensure that clinical waste is managed safely and is recovered or disposed of without harming the environment or human health. Under the Environmental Protection Act 1990 it is unlawful to deposit, recover or dispose of controlled (including clinical) waste without a waste management licence, contrary to the conditions of a licence or the terms of an exemption, or in a way which causes pollution of the environment or harm to human health. Contravention of waste controls is a criminal offence. Section 34 of the Act, places people concerned with controlled (including clinical) waste under a duty of care to ensure that the waste is managed properly, recovered or disposed of safely and is only transferred to someone who is authorised to keep it. Householders are exempt for their own household waste.
    What about clinical waste produced in a private household?

    Hypodermic needles and hazardous clinical wastes should never be disposed of in the domestic waste stream.

    If patients are treated in their home by a community nurse or a member of the NHS profession, any waste produced as a result is considered to be the healthcare professional's waste. If the waste is non-hazardous, and as long as it is appropriately bagged and sealed, it is acceptable for the waste to be disposed of with household waste.

    IN a nutshell: a visiting practitioner can and should dispose of the waste in the patient's home, as to remove it requires the waste to be stored in an appropriate container designed for that purpose/for the practitioner to be a registered transporter of waste.

    When working in any establishment where a practitioner is treating a group of patients, or in a health care setting, the waste becomes clinical waste and it is incumbent upon the practitioner to ensure that there is a clinical waste facility available. In the case of private practitioners, this means you will have to enter into a contract with a specialist clinical waste service, the cost of which varies. You will be supplied a yellow bin, appropriate yellow bags (and sharps container as required).

    I'm not sure I have got all the information on this subject , so if you have anything to add or a query, then please do post it up
     
  6. Catfoot

    Catfoot Well-Known Member

    Footsie,
    You may wonder where the last 3 posts have gone...
    Unfortunately I had to ask to have them removed, I was reminded by a colleague that I should not share SCP documents with non-Members, so the info had to go.:eek:

    Most of the info is actually in the public domain and the document you need is HTM 07-01 -
    http://www.dh.gov.uk/en/Publication...tions/PublicationsPolicyAndGuidance/DH_063274

    These links below give info on bag colours and types of waste. You will need this info when you come to write your Waste Disposal Policy. This WDP is something a nursing home will need to see if you do any work for them.

    http://www.gvhealth.com/disposables/clinical-waste-bags.html

    http://www.initial.co.uk/medical-services/regulations/environmental/definition-and-assessment/

    All products that come into contact with the patient, such as dressings, swabs, (whether contaminated with body fluids or not) couch rolls, and human tissue such as callous, nail clippings, interdigital debris is classed as Grade A Clinical Waste and should be disposed of by incineration. It should not be left at the patient's house and should be kept in a secure container in the vehicle before being removed and stored securely at the practitioner's residence or clinic.

    This is best practice as used by the NHS.

    Waste disposal companies will be pleased to advise you.

    CF
     
    Last edited: Aug 26, 2010
  7. footsiegirl

    footsiegirl Active Member

    I already had that information but thanks for posting it up here for others anyway...
    I am thankful that I have a robust policy in place myself, but I will look into the info currently being issued by my own membership body. I dont visit nursing/care homes CF.

    Just wondering when the PCTs changed their waste disposal policy, but as far as I am aware, although a few long term patients will have a clinical waste collection in place at their own home, DNs do not take such waste, apart from sharps, away with them. I would have thought the cost to the PCT phenomenal...I am going to see what I can find out.
     
  8. footsiegirl

    footsiegirl Active Member

    CF, I believe you may have confused your obligation not to share SCP documents with the Feet For Life's (SCP Website) policy on the protection of their "intellectual property".

    However, it is available for all who care to register as visiting members to FeetForLife website, if they then do a search under the heading "waste management", and then download a personal copy for themselves.

    I'm still researching it, but will post again when I have done so..;)
     
  9. Catfoot

    Catfoot Well-Known Member

    Footsie,
    I think it's worth mentioning (mainly for those who are not familiar with the workings of the NHS) that nurses are employees and, as such, come under the Vicarious Liability of the Employer.
    Therefore, if the Trust has a Policy that says it's OK to put Grade A Clinical Waste in a patient's dustbin, wheeliebin/refuse sack ( and presumably they will have done a Risk v Cost assessment first ) and there is an untoward incident with contamination/infection, the District Nurse will have no case to answer provided he/she followed Trust Policy. In this situation the Trust would have to pay any compensation claimed.

    Pods and FHPs on the other hand are autonomous trader who have to carry their own insurance which is provided by a professional organisation. As professional organisations usually don't have huge resources to pay out on claims they will set strict guidelines in order to help the practitioner avoid litigation.

    So, at the end of the day it is always wise to follow the directives issued by one's own professional organisation.

    [The ones I quoted were for the Society of Chiropodists & Podiatrists which is the largest Membership Body for Chiropodists and Podiatrists. I would be interested to hear what your body's recommendations are.

    OK, that's fair enough then, you'll be able to see for your self.


    CF
     
    Last edited: Aug 26, 2010
  10. footsiegirl

    footsiegirl Active Member

    Yes...CF , we have had the discussion about vicarious liability, however, I was actually thinking that as the document you showed me from the Soc of Chiropodists & Pods is a very recent one, that it might follow that the PCTs would also be in the process of such a revision of their of waste management policy.

    I am still sifting through the legislation and other guidance- naturally, if you were to stumble upon any other facts I'm sure that I and the Arena members would be very appreciative of your help...;)
     
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