Close

Professional Relationships

Professional Relationships

In accordance with the Standards of Practice, RTs must act with honesty, integrity, and respect appropriate professional boundaries with patients/clients, healthcare team members, students, and others. An important part of being a regulated healthcare professional is recognizing how a power imbalance can impact both therapeutic and professional relationships, and taking steps to ensure that you are acting with integrity in all interactions, including abstaining from entering into personal relationships where professional boundaries could be compromised.

Providing Care in a Community Setting

Care in the community, particularly home-based care, is fundamentally different than the episodic, targeted interventions of the acute care system. Service provided near or in a client’s home requires a uniquely holistic, self-directed and patient-centered approach to care delivery. Home-based care presents opportunities to better integrate the plan of care into the client’s day-to-day environment, but also present some challenges as well, such as:

9

Lack of control over elements of the home environment (e.g., location, cleanliness, available of amenities)

9
Interactions with other household members(e.g., dysfunctional interpersonal relationships within families)
9
Threat to the RTssafety (e.g., clients/family member engaging in illegal activities)
9
Maintaining professional boundaries (e.g., avoiding conflicts of interest)

Conflict of Interest

The primary goal of health care is to optimize the health of clients. This means that the interest of the client must always come first and not a financial interest. A conflict of interest arises when a secondary goal (e.g., personal gain for the health care provider) interferes or is perceived to interfere with the primary goal. The CRTO’s Conflict of Interest Professional Practice Guideline states that “a conflict of interest exists when an RRT is in a position where his/her duty to their client could be compromised, or could be perceived to be compromised, by a personal relationship or benefit”. The nature of community practice (i.e., long standing RT and patient/family interactions; financial compensation for services provided) has the potential to increase the risk of a conflict of interest situation developing. Any actual, potential or perceived conflict of interest must be properly identified, avoided and managed so as not to compromise the client’s best interests.

Identifying a Conflict of Interest

The first step is to recognize that a conflict of interest situation may exist. The Conflict of Interest Regulation (O. Reg. 596/94) outlines the situations in which an RRT might find themselves in an actual, potential or perceived conflict of interest [s. 3 (1)]. The likelihood of a conflict of interest increases when:

9
The magnitude of the benefit is substantial
9
The benefit is personal
9

It involves a client(or their family) where there is an ongoing professional relationship (e.g., a current home care client offers their RT a piece of antique china)

Example… An RRT working for a home care company has been providing care for a client in their home for a number of years. In gratitude for the services the RRT has provided, the client’s family offers the RT a gift card. Even if the RRT believes that the gift will not impact on the care they will continue to provide to the client – the RT must still politely decline the offer. This is because accepting the gift could potentially be perceived by the client’s family or others as altering the RRT to client relationship.

In situations where a conflict of interest situation exists, the RRT must declare the nature of the relationship/benefit to the client in advance of services being provided. This should occur regardless of whether the conflict of interest is actual, potential or perceived.

Example… An RRT who works for a hospital that is part of a hospital-home care company business relationship is making arrangements for an inpatient to be discharged with home oxygen. In addition to the home care company that is associated with the hospital, the RRT should – if possible – provide the client with other appropriate service providers. Where applicable, the RRT should advise the client that their selection of a supplier or a product or service will not adversely affect the assessment, care or treatment that they receive. This enables the client to exercise informed choice over the services provided to them. This includes allowing them to select a service provider, as well as the type of equipment/treatment received.

Working with Other Members of the Health Care Team

RRTs practicing in the community typically work with a diverse group of health care providers; some of whom are Regulated Health Care Professionals (RHCPs) (e.g., RNs, MDs, RSLPs), as well as some who are Non-Regulated Health Care Providers (NRHCPs) (e.g., PSWs, Customer Service Technicians).

NRHCPs can include an array of paid care providers and unpaid family members. One of the key considerations for RTs when working with NRHCPs in the community is to determine which services the NRHCP can provide to the client and which services are best provided by the RRT. As outlined in an earlier portion of this document entitled Exceptions in the RHPA, there is a legislative framework that enables care to be provided by NRHCP in the community under certain circumstances. As a regulated health care professional, the RT member of the health care team is expected to ensure that their clients receive optimal Respiratory Therapy services. If the RRT has any concerns regarding the care their client is receiving from any member of the health care team, the RT is expected to raise those concerns with the client’s primary care physician/nurse practitioner.

In addition to assisting other members of the health care, the RT practicing in the community is expected to know when it is appropriate to seek assistance from others.

More information on NRHCPs can be found on the CRTO website in the section entitled Working With Non-Regulated Health Care Providers.

Education and Delegation

Due to the fact that community-based RRTs interact with such a wide variety of care providers, it is essential to understand the difference between delegation and education, as well as which is required in certain circumstances. The CRTO Delegation of Controlled Acts PPG and the CRTO Respiratory Therapists Providing Education PPG provides detailed information on these two processes, which is briefly summarized in the table below:

EducationDelegation
What is it:Providing instruction. May involve determining competence to perform a procedure.Providing instruction, plus the transfer of legal authority to perform a controlled act and a process to ensure initial and ongoing competence.
What it applies to:Applicable to any procedure/ activity (may or may not be a controlled act).Controlled act procedures only.
Who may do it:RTs who meet the conditions as described under the section on “General expectations of Respiratory Therapists when providing education”.RTs that have the authority, competence and meet the conditions required to teach.

Note: Above chart is from the Respiratory Therapists Providing Education PPG.

9

When Delegation is Required

When it is necessary for the transfer of legal authority to perform a controlled act to a person not authorized to perform that controlled act (e.g., an RRT transferring the authority to administer oxygen to a PSW in a Long-Term Care facility).

9

When Delegation is Not Required

9

When a RHCP already has the legislative authority to perform the controlled act

9

When the procedure is not a controlled act (i.e., part of the public domain)

9

When the procedure and situation meets the criteria of one of the exception in the RHPA¹³

Communication and Collaboration

Despite the fact they frequently work alone, highly developed communication and interpersonal skills are also essential for an RRT in a community practice setting. Community RRT’s are required to explain diagnosis/treatment plans and obtain informed consent from patient, as well as give instructions to anxious clients and/or their family members. In addition, community-based RTs need to maintain an open line of communication with other health care professionals, many of whom are not located at the site where care is being delivered.

9

Communication and Collaboration with Clients and their Families

Clients and their family members come in with their vast range of different personalities, cultural backgrounds, and current emotional states (e.g., stress, fear of loss of control). Research evidence indicates that there are strong positive relationships between a health care professional’s communication skills and a client’s capacity to follow through with recommendations, self-manage a chronic medical condition, and adopt preventive health behaviors¹⁴. Therefore, an RRT’s ability to explain, listen and empathize can have a profound effect on health outcomes as well as client satisfaction and experience of care.

9

Communication and Collaboration with Other Members of the Health Care Team

Team communication and collaboration is essential in all health care settings, and can be particularly challenging in community practice where the team members have few opportunities to interact. Often a multidisciplinary approach takes over, in which each team member only feels responsible for the activities related to their own discipline and formulates separate goals for the patient. However, what is needed is an interdisciplinary approach where there is a collaborative effort towards a common goal from all disciplines involved in the care plan. Effective communication among staff encourages effective teamwork and promotes continuity and clarity within the client care team. At its best, good communication encourages collaboration, fosters teamwork, and helps prevent errors.

When health care professionals are not communicating effectively, client safety is at risk for several reasons:

9

lack of critical information,

9

misinterpretation of information,

9

unclear orders/plans of care, or

9

overlooked changes in status

9

Electronic Communication

Communication accomplished with electronic devices such as computers, tablets and cell phones includes:

9

direct verbal communication by phone,

9

text-messages or texting,

9

email,

9

videoconferencing,

9

telemedicine,

9

online forums,

9

client portals, or

9

social media platforms (e.g., Facebook, WhatsApp).

Despite the convenience ofsuch communication mediums, the use of electronic communications to transmit sensitive information can increase the risk of such information being disclosed to third parties. The eCommunication Checklist produced by the Canadian Medical Protective Association provides some essential elements to considered when using electronic communication to convey sensitive PHI.

9

eCommunication checklist15

9

Is the communication within the circle of care?

9

Is explicit (written) consent of the client required?

9

Is the information secure (encrypted)?

9

Is your device password-protected?

9

What are the relevant regulatory standards?

9

Is only essential information being shared?

9

Is person-to-person communication more appropriate?

9

Obtaining Client Consent to Communicate Electronically

Prior to engaging electronic communication mediums clients should agree to:

9

The method of communication

9

The type of information that will be sent

9

How the information contained in the communication will be retained/deleted

9

The risks of using electronic methods of communication

The discussion and client’s agreement should be documented in the medical record. Canadian Medical Protective Association (CMPA) has produced a consent template that could be modified and adapted to RT practice. To view the CMPA’s template Consent to use electronic communications (PDF). In addition, the Information and Privacy Commissioner of Ontario has published a Fact Sheet on Communicating Personal Health Information by Email that addresses the risk of email communication and how those risks might be mitigated.

9

Encryption

The use of appropriate encryption software to protect electronic messages is a reasonable safeguard under the circumstances. Various enterprise solutions (e.g., client portals) can provide encryption, and an increasing number of encryption applications are available for use on personal devices such as smartphones. RRTs considering using unsecured or unencrypted email or text messaging should do so only for information that does not include identifiable personal health information (e.g., scheduling, reminders).

Professional Boundaries

In keeping with the Standards of Practice, “Respiratory Therapists must act with honesty, integrity, and respect appropriate professional boundaries with clients, health care team members, students, and others.” While most RTs will reflect on professional boundaries in relatively limited terms, such as romantic or financial relationships, “professional boundaries” covers every aspect of communication and interaction between RRTs and everyone with whom they come into contact in their roles. Perhaps it is because RTs don’t consider professional boundaries broadly enough that this issue results in the vast majority of investigations conducted by the CRTO; indeed, over 80% of concerns reported to the CRTO are related to professionalism.

“Professionalism” or professional conduct is a term that is often used to describe the behaviours that are expected of individuals who hold a certain role in society. A “professional” is typically someone who has obtained skills that are recognized as requiring specific, intensive training and who applies those skills in a position that impacts others (e.g., engineer, lawyer, RRT, PT, MD, etc.). Professionals are often held to moral, ethical and legal standards because of that potential impact.

In some circumstances, there is an inherent power imbalance between the Respiratory Therapist and the person with whom they are interacting. For example, treating a client, speaking with the SDM or family member of the client, or dealing with a non-regulated health care professional or a Student Respiratory Therapist. In all of these cases, the Respiratory Therapist has status and influence that makes overstepping their professional boundaries especially problematic.

More information can be found regarding Professional Boundaries in the CRTO Respiratory Therapists Providing Education PPG and the Abuse Awareness and Prevention PPG.

Medical Assistance in Dying (MAID)

In 2016, the federal government passed legislation to amend Canada’s Criminal Code and established a framework for Medical Assistance in Dying (MAID) for individuals who meet pre-defined eligibility criteria. RTs in community practice may be required to provide information to clients seeking information about MAID or to assist a physician or NP in carrying out a request for a medically assisted death. Therefore, it is important that a community-based RT be knowledgeable about the following:

9

How to handle inquiries about MAID (i.e., criteria for MAID, who the RRT can discuss MAID with), and

9

The RRT’s role in MAID (i.e., parameters around assisting MAID, acting as an independent witness, conscientious objection)

The above information, as well as addition resources can be found on the CRTO website in the section on the Medical Assistance in Dying.

Ending Professional Relationships

In most circumstances, RRTs in community practice are obligated to maintain a professional relationship with a client as long as the client requires services from the RT. However, situations may arise that require the RT to end the professional relationship prior to reaching the normal or expected conclusion of the client’s treatment. These situations generally fall into one of two categories where the RRT will no longer able to provide the services:

9

Logistical Reasons (e.g., the RRT is retiring or leaving to work for another organization); and/or

9

Safety and/or Interpersonal Concerns (e.g., RRTs feel the client’s home environment poses a threat to the safety of the RT or others; there exists a significant conflict with the client and/or their family members).

9

Ending Professional Relationships due to Logistical Reasons

In this situation, care must be transferred to the most appropriate service provider prior to the RT ending the professional relationship. Most organizations have polices in place to deal with the transfer of care process. The section entitled “Transfer of Care” below deals with some recommendation from the CRTO.

9

Ending Professional Relationships due to Safety and/or Interpersonal Concerns

Except where there is a genuine risk of harm, RTsshould only end the professional relationship after reasonable efforts have been made to resolve the situation in the best interest of the patient. These efforts must include:

9

Proactively communicating expectations for client conduct to all clients

9

Having a discussion with the client regarding the reasons affecting the RT’s ability to continue providing care

All reasonable efforts must be made to resolve the situation in the best interest of the patient, and only consider ending the professionalrelationship where those efforts have been unsuccessful.

Example… Most home care companies have a policy in place to deal with situations where there is unsafe use of oxygen in the home (e.g., oxygen in use while patient/family member is smoking). These processes generally include all of the following steps:

1. Inform the client (preferably in writing) of what will happen if they use oxygen in an unsafe manner (i.e., how many warning they will receive and how those warning will be documented).

2. Notify the client (preferably in writing) of the decision to discontinue their treatment.

3. Document in the client’s medical record the reasons for the discontinuation of services, as well as all steps undertaken to resolve the issues prior to discontinuation.

4. Clearly convey to the client that they should seek ongoing care (e.g., speak to their primary care physician; go to their local emergency department).

5. Notify the health care provider(s) who ordered the oxygen that the therapy is no longer being provided to the patient. Also consider informing other members of the client’s health care team, as appropriate.

9

Transfer of Care

When transferring full or partial responsibility for a client’s care to another health care provider, an RRT is expected to communicate with the:

9

client to identify the roles and responsibilities of the regulated member and other health care providers involved in the client’s ongoing care, and

9

accepting health care provider(s) to provide any pertinent clinical information, including treatment plans and recommendations for follow-up care

9

Transfer of Client Files

It is important to obtain appropriate authorization (i.e., consent) from the client before transferring any copies of medical records. The RRT should ensure the original records are retained in the event there is some question at a later time about the care you provided to the patient, or in the event of a complaint to the CRTOorlegal action surrounding the care or the termination. In addition, the RT should advise the client of the need to transfer copies of medical records to the new physician. You should also request the necessary consent to make the transfer. Consider any Privacy Commission or CRTOguidelinesthatmight apply to the transfer of client records.

How this Guide Links to the Professional Misconduct Regulation

1. BUSINESS PRACTICES

19. Submitting an account or charge for services that a member knows is false or misleading.

20. Charging a fee that is excessive in relation to the service rendered.

21. Failing to disclose the fee schedule or payment structure prior to delivery of services or failing to provide the patient or patient with sufficient time to refuse the treatment and arrange for alternative services.

22. Failing to itemize an account for fees charged by the member for professional services rendered,
i. if requested to do so by the patient or patient or the person or agency who is to pay, in whole or in part, for the services, or
ii. if the account includes a commercial laboratory fee.

23. Selling any debt owed to the member for professional services; this does not include the use of credit cards to pay for professional services.


i How changing patient expectations will impact your practice. http://practicemanagement.dentalproductsrepoRT.com/aRTicle/how-changing-patient-expectations-will-impact-your-practice?page=0,1 (July, 2018)

ii CRTO Standards of Practice, Standard 1 – Business Practices

iii Ibid.

How this Guide Links to the Advertising Regulation

(1) In this Part, an advertisement with respect to a member’s practice includes an advertisement for gases used for medical purposes, equipment, supplies or services that includes a reference to the member’s name.

(2) An advertisement with respect to a member’s practice must not contain,
(a) anything that is false or misleading;
(b) anything that, because of its nature, cannot be verified;
(c) a claim of expertise in any area of practice, or with respect to any procedure or treatment, unless the advertisement discloses the basis of the expertise;
(d) an endorsement other than an endorsement by an organization that is known to have expertise relevant to the subject-matter of the endorsement;
(e) a testimonial by a patient or patient or former patient or patient or by a friend or relative of a patient or patient or former patient or patient; or
(f) anything that promotes or is likely to promote excessive or unnecessary use of services.

(3) An advertisement must be readily comprehensible to the persons to whom it is directed.

(4) A member must not permit his or her name to be used in an advertisement that contravenes subsection (2) or (3).

(5) A member must not advertise by initiating contact, or causing or allowing any person to initiate contact, with potential patients or patients or their personal representatives either in person or by telephone, in an attempt to solicit business.

(6) Despite subsection (5), a member may advertise by initiating contact with a potential patient or a personal representative of a potential patient if the potential patient does not personally use or consume the gases, equipment, supplies or services that are the subject of the advertisement.

(7) A member must not appear in, or permit the use of his or her name in, an advertisement that implies, or could reasonably be interpreted to imply, that the professional expertise of the member is relevant to the subject-matter of the advertisement if it is not relevant. O. Reg. 596/94, s. 23.