The importance of seeking clear informed consent before
undertaking treatment was highlighted in a decision by
Deputy Commissioner Carolyn Cooper, who found an
acupuncturist in breach of the Code of Health and Disability
Services Consumers’ Rights (the Code).
A woman saw
an acupuncturist for acupuncture, massage, and cupping
treatment. The woman was partially undressed for the
treatment, and was alone in the treatment room with the
acupuncturist. The treatment provided was not what the woman
was expecting, and she claimed that the acupuncturist rubbed
his body against her inappropriately, but the acupuncturist
denied this and said any contact with the woman was
inadvertent.
Ms Cooper considered that the
acupuncturist did not adequately inform the woman about his
intended treatment. Without adequate information, the woman
was unable to make an informed choice and give informed
consent for the treatment.
While Ms Cooper accepted
that some part of the acupuncturist’s body came in contact
with the woman’s hand, she was unable to determine whether
or not the contact was deliberate, and what part of the
acupuncturist’s body was involved. However, she had
concerns with the acupuncturist’s use of draping to
protect the woman’s dignity and privacy, and that he made
a comment about the woman’s appearance.
Ms Cooper
highlighted the inherently unequal relationship between a
provider and patient, with the provider being in a position
of power by virtue of their professional role.
“The
woman was in a vulnerable situation – she was partially
undressed, and alone in a treatment room with a male
practitioner whom she had met only once
previously.
“The acupuncturist had an ethical duty to
ensure he was maintaining appropriate professional standards
and boundaries at all times,” said Ms Cooper.
Ms
Cooper recommended the acupuncturist apologise in writing to
the woman, and attend training (as approved by Acupuncture
NZ) on draping techniques, client privacy, communication
with clients, and the Code.
Following this case, the
acupuncturist has made changes to his practice. This
includes: providing an explanation of treatment methods
prior to starting treatment and use of a written consent
form; highlighting to patients the option to bring a
chaperone or support person to consultations; having
treatments take place only when staff are on premises;
appropriate use of towels for draping; and ensuring width
and height of his treatment table enables safe practise for
patients at all
times.
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