1. FACULTY OF HEALTH Capacity to Practise Safely – Students with Disability Undertaking Healthcare Courses Mike Spurr

2. Content IntroductionSlide 3 Risk Management HierarchySlide 4 Pertinent LegislationSlide 5 Health Practitioner Regulation National Law Slide 6 UTAS Policy and ProceduresSlide 8 Faculty of Health Safety in Practice ComplianceSlide 9 Safety in Practice Risk and Needs AssessmentSlide 15 Student with Disability PEP Support StrategiesSlide 18 Letter of Introduction to PEP SupervisorSlide 19 DiscussionSlide 20 2

3. Introduction Students enrolled in most Faculty of Health courses at the University of Tasmania undertake professional experience placement (PEP), which is a form of Work Integrated Learning. PEP enables students to practise newly acquired skills, behaviours and knowledge in the workplace environment. Faculty of Health: Professional Experience Placements www.utas.edu.au/health/professional-experience-placement/home 3

4. Risk Management Hierarchy Legislation UTAS Policy Faculty Guidelines and Procedures Risk and Needs Assessment Implementation of Risk Management Strategies KEY: Driver Safeguard/Defender 4

5. Pertinent Legislation Disability Discrimination Act, 1992 The Health Practitioner Regulation National Law Act, 2009 mandates the compulsory registration with the Australian Health Practitioner Regulation Agency (AHPRA) of students intending to undertake higher education courses which include PEP. Work, Health and Safety Act, 2011 5

6. Health Practitioner Regulation National Law AHPRA regulatory requirements dictate that students with an impairment which will place the health and safety of the public (including themselves) at risk cannot undertake PEP. In relation to a student, ‘impairment’ is defined under section 5 of the National Law to mean: ‘physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect the student’s capacity to undertake clinical training.’ 6

7. Health Practitioner Regulation National Law Education providers are also required, under section 143 of the National Law, to make: ‘mandatory notifications in relation to students, if the provider reasonably believes a student enrolled with the provider has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.’ 7

8. UTAS Policy and Procedures University:  Work Integrated Learning Policy  Safe to Practise Policy  Disability Policy  Assessment Policy  Learning Access Plan Procedure Faculty of Health:  Safety in Practice Compliance and Risk Assessment Procedure 8

9. Faculty of Health Safety in Practice Compliance What All students are required to establish and maintain their medical, physical and psychological capacity to safely participate in PEP. Note: This has nothing to do with competent or successful performance, which is assessed as per Course and Unit learning objectives Why To meet the University’s legal, moral and ethical obligations – with a focus on safety and duty of care 9

10. Faculty of Health Safety in Practice Compliance How A Student completes a Faculty of Health Safety in Practice Agreement Form, including answering the question, ‘ Do you have any permanent, episodic or temporary health condition or impairment, including visual or auditory processing (learning disability), which may affect your capacity to safely undertake the PEP Mandatory Functional Requirements of your course?’ The Mandatory Functional Requirements are the Faculty of Health’s not negotiable or ‘inherent’ requirements. 10

11. Faculty of Health Safety in Practice Compliance Mandatory Functional Requirements: 1.Capacity to read and write to enable the student to:  read and understand patient/client records, charts and/or medication labels and dosages; and  accurately record patient/client notes. 2.Capacity to undertake critical thinking and reflective analysis to:  self ‐ evaluate and reflect upon one’s own practice, feelings and beliefs and the consequences of these for individuals and groups. 11

12. Faculty of Health Safety in Practice Compliance 3. Capacity to communicate to enable the student to:  interact with patients/clients and health practitioners in a professional setting;  accept instruction and professional criticism;  question directions and decisions which are unclear; and  resolve conflict and negotiate with staff and patients/clients. 12

13. Faculty of Health Safety in Practice Compliance 4. Psychological capacity to:  understand the importance of and demonstrate the professional attributes of honesty, integrity, critical judgement, insight and empathy;  interact with patients/clients, carers and others in a caring, respectful manner to provide emotional support and health education; and  maintain self-control in professional situations. 13

14. Faculty of Health Safety in Practice Compliance 5. Physical capacity to: ( N/A for Counselling and Psychology)  use technical equipment, which includes having the dexterity to undertake clinical procedures and handle, maintain and program equipment;  apply clinical procedures (e.g. physical examination, wound management), support patients/clients and perform cardiopulmonary resuscitation (CPR); and  manage essential equipment and materials. 14

15. Safety in Practice Risk and Needs Assessment How B If the student makes a disclosure on the Safety in Practice Agreement, they are required to have a Safe to Practice Health Assessment Form completed by a Medical Practitioner. Note: Students are advised that, ‘Declaring a medical, physical or psychological condition will not automatically exclude you from undertaking PEP.’ The student’s Safety in Practice Agreement and Health Assessment or Educational Psychological Assessment Report are submitted to the Faculty of Health PEP Office for risk assessment. 15

16. Safety in Practice Risk and Needs Assessment The Faculty PEP Officer assesses risk and support requirements via the following steps:  Review of the student’s:  Safety in Practice Agreement; and  Safe to Practice Health Assessment or Educational Psychological Assessment; and  Disability Learning Access Plan (where one exists).  Interview with the student as required.  Consultation with Medical Practitioner as required. 16

17. Safety in Practice Risk and Needs Assessment The Faculty PEP Officer identifies and advises the student and Course PEP Administrator of the risk assessment outcome: 1.Clear to attend PEP 2.Clear to attend PEP - Conditional, including (examples):  Specified PEP environment  Shift start times  Articulation of support requirements to PEP Supervisor 3.Ineligible to attend PEP:  Counsels student on course implications  Refers student to Faculty to discuss course options 17

18. Student with Disability PEP Support Strategies The Faculty PEP Officer assists the student to develop the following support mechanisms: 1.Identify and practise the compensatory strategies you intend to employ whilst undertaking PEP. 2.Meet with your Unit Coordinator prior to PEP to discuss the PEP learning objectives, clarify any concerns and receive a Letter of Introduction to PEP Supervisor. (slide 19) 3.Develop a plan to meet with your PEP Supervisor to:  articulate your individual requirements and the compensatory strategies you will employ; and  identify support strategies specific to the environment. 18

19. Letter of Introduction to PEP Supervisor Dear Supervisor, Ned Kelly ID 123456 has disclosed a health condition through the Faculty of Health Safety in Practice Agreement process, which will not affect his capacity to safely undertake the mandatory functional requirements of the professional experience placement, but does require reasonable adjustments. Ned is meeting with you to discuss possible strategies to alleviate the implications of his condition. This letter is valid for the duration of 2014. If you require clarification, please contact Mike Spurr at the Faculty of Health. 19

20. Discussion The challenge is to balance all persons’ rights under the requirements of health regulatory, public health and safety and disability legislation. Does the UTAS Faculty of Health process equitably assess the capacity of a student with a disability to practise safely, in accordance with the National Law, whilst adhering to the DDA and ensuring the identification and application of support for the student? Issues and Suggested Improvements???? 20