Professional Documents
Culture Documents
I. PREAMBLE
A. This material is an official document of the American Occupational Therapy Association (AOTA). It has been adopted with minor revisions for use by the Occupational Therapy Association of the Philippines and its members. The Occupational Therapy Association of the Philippines and its members are committed to improving individuals ability to function fully within their total environment. To this end, the occupational therapy practitioner renders services to clients in all phases of health and illness, to institutions, to other professionals and colleagues, and to the general public. The occupational Therapy Association of the Philippines Code of Ethics is a public statement of the values and principles to use as a guide in promoting and maintaining high standards of behavior in occupational therapy. OTAP and its members are committed to improving peoples ability to function within their total environment. To this end, occupational therapy personnel provide services to individuals in any stage of illness, to institutions, to other professionals and colleagues, to students, and to the general public. The Occupational Therapy Code of Ethics is a set of principles that applies to occupational therapy personnel at all levels. The roles of practitioner (registered occupational therapist and certified occupational therapy technician), educator, supervisor, administrator, consultant, fieldwork coordinator, faculty program director, researcher/scholar, entrepreneur, student, and support staff are assumed. Any action that is in violation of the spirit and purpose of this code shall be considered unethical. To ensure compliance with the code, enforcement procedures are established and maintained by the Committee on Standards and Ethics (CSE). Acceptance of membership in the OTAP commits members to the Code of Ethics and its enforcement procedures. As preamble to the official procedures, the CSE urges particular attention to the following issues:
B. Professional Responsibility All occupational therapy personnel have an obligation to maintain the standards of ethics of their profession and to promote and support these same standards among their colleagues. Each member must be alert to practices, which undermine these standards and be obligated to take whatever remedial action is required. At the same time, members must carefully weigh their judgments of unethical practice to ensure that they are based on objective evaluation and not on personal bias or prejudice. C. Jurisdiction The Occupational Therapy Association of the Philippines shall have jurisdiction over all members of the Association in the monitoring and enforcement of the Occupational Therapy Code of Ethics. The Code applicable to any compliant shall be that version or edition in force at the time the alleged act or omission was committed. If the date of the alleged act or emission cannot be determined, then the act or omission shall be judged by the code in force on the date of the complaint. D. Disciplinary Action Disciplinary action for the members of the Association shall be limited to reprimand, censure, suspension, or revocation from the association. These are defined as follows: Reprimand a formal expression of disapproval of conduct communicated privately by letter from the Chairperson of the CSE. Censure a formal expression of disapproval that is public. Suspension removal of membership for a specified period of time. Revocation denial of membership
E. Dismissal of Complaints CSE may dismiss a complaint for any of the following: 1. No Violation. The CSE finds the individual against whom the complaint is filed has not violated the Occupational Therapy Code of Ethics, (e.g., accusing a person of being rude.) 2. Corrected Violation. The CSE determines that any violation it might find has been or being corrected. 3. Insufficient Evidence. The CSE determines there is insufficient fact, evidence, or detail to support a finding of an ethics violation. 4. Absolute Time Limit/Not Timely Filed. The CSE determines that the alleged violation of the Occupational Therapy Code of Ethics occurred more than ten (10) years prior to the filing of the complaint. 5. Lack of Jurisdiction. The CSE determines that it has no jurisdiction over the defendant or complaint. (e.g., complaint against a non-member.) 6. Subject to Jurisdiction of Another Authority. The CSE determines that the complaint is based on matters which are already covered by another authority, jurisdiction or are regulated by law, (e.g., accusing a superior of sexual harassment at work; accusing someone of anti-competitive practices.) 7. Advice of Counsel. On the Advice of counsel, or other advice, that no further action should be taken on the complaint. F. Advisory Opinions 1. The CSE may issue advisory opinions on certain issues to inform and educate the membership. These opinions shall be publicized to the membership.
Ethics. The original records and reports, which form the initial basis for the complaint, actual evidence, and disposition of the complaint, shall be filed in the confidential file of the President of the Association. All others copies shall be destroyed. IX. PUBLICATION Final Decisions of the Judicial Council will be publicized only after all appeals have been exhausted.
Created in September 2003 for Occupational Therapy Association of the Philippines Approved and Adopted by the Board of Directors, March 1998
B. Grounds for Appeal The appeal must relate to issues and procedures that are part of the record of the hearing before the Judicial Council. The appeal may also address the substance of the disciplinary action. 1) The President shall forward any letter of appeal to the Appeals Panel within fifteen (15) days of receipt. 2) Within forty-five (45) days after the appeals are received by the Appeals Panel, the Panel shall determine whether a hearing is required. If the Panel decides that a hearing is necessary, timely notice for such hearing shall be given to the appealing party. Participants at the hearing shall be limited to the appealing party and legal counsel (if so desired), legal counsel for the Association, and any others approved in advance by the Appeals Panel. C. Decision Within forty-five (45) days after receipt of the appeal, if there is no hearing, or within fifteen (15) days after the appeals hearing, the Appeals Panel shall notify the President of the Association of its decision. The President shall immediately notify the appealing party, the original complainant, and appropriate bodies of the Association, and any other notifications deemed necessary. For Association purposes, the decision of the Panels shall be final.
2. Educative letter The CSE determines that the allegations in the complaint are not unethical, however they do not fall completely into the prevailing standards of practice or good professionalism, the CSE may send a letter to educate the complainant and respondent regarding standards of practice and/or good professionalism. G. Confidentiality Strict confidentiality shall be maintained by all who are involved in the reporting, monitoring, reviewing, and enforcing of alleged infractions of the Occupational Therapy Code of Ethics. The maintenance of confidentiality, however, shall not interfere with the provision of proper notice to all parties involved in the disciplinary proceedings as determined by the Committee on Standards and Ethics. Likewise, final decisions of the Judicial Council and the Appeals Panel will be publicized as described in the procedures.
VII. NOTIFICATION
All notification referred to in this procedure shall be in writing and shall be registered, return-receipt mail.
B. Sua Sponte Complaints D. Decision 1. The CSE may file a sua sponte complaint and thereby initiate a disciplinary inquiry against a member of the OTAP whose actions violate the Code of Ethics, If the CSE receives or discovers through public records any of the following actions by other authorities, including but not limited to: a) a felony conviction; b) findings of malpractice; c) revocation, suspension, or surrender of a license to practice; d) censure or monetary fine of an individual licensed to practice; e) finding of academic misconduct; or f) actions by a duly authorized tribunal or administrative hearing procedure. 2. The CSE may initiate a sua sponte complaint from other information discovered. 1. Within fifteen (15) days after the hearing, the Judicial Council shall notify the president of the Association of its decision, which shall include whatever disciplinary action might be required. 2. Within ten (10) days of notice from the Judicial Council, the President shall notify all parties, and the original complainant, of the Councils decision. Within thirty (30) days after the notification of the Councils decision, any individual or individuals judged deserving of disciplinary action might appeal the judgment to the Executive Board of Association. (See below). If no appeal is filed, the President shall notify appropriate bodies within the Association and make any other notifications deemed necessary.
The respondent can choose at this time to admit to the violation, accept the disciplinary action, and relinquish the right to a hearing by the Judicial Council. The respondent has two (2) weeks from receipt of the CSEs decision to notify the Chairperson of his or her decision.
while the matter is pending before it. In general, appeals brought before the Appeals Panel shall be limited to the Judicial Council proceedings. In the interest of fairness, the Appeals panel may take additional material evidence not submitted to the Judicial Council.
III. INVESTIGATION
A. Acknowledgement and Review of Complaint Within ninety (90) days of receipt of a complaint, the CSE shall make a preliminary assessment of the complaint and decide whether or not an investigation is warranted. If, in its preliminary review of the complaint, the CSE determine that an investigation is not warranted, the individual filing the complaint will be so notified. The respondent will be notified that a complaint was received. No record will be maintained. If an investigation is required, the CSE chairperson shall, within fifteen (15) days do the following: (1) Notify the OTAP National Office and investigate the complaint. (2) Notify the respondent (by registered, returned-receipt mail) that a complaint has been received and an investigation is been conducted. A copy of the complaint shall be enclosed with this notification. (3) Notify the complainant that an investigation is being conducted. B. Conflict of Interest The investigator shall (1) never have had a substantial professional relationship with either the complainant or the respondent; and (2) not have a conflict of interest with either the complainant or the respondent. In the event that the investigator does not meet this
criteria, the CSE Chairperson shall appoint an alternate investigator. C. Response to the Complaint 1. The respondent shall given thirty (30) days from the receipt of the notification to response verbally and/or in writing to the Investigator, and must be given the opportunity to refute all charges. Apart from the complainant and the charge party (respondent), no other persons will participate in the investigation without prior approval of the respondent. 2. The complainant shall be made aware of any new evidence submitted to the investigator, be given a copy of it, and shall have fourteen (14) days in which to submit a rebuttal. Thereafter, the record shall be closed. 3. Failure to Act or Participate in Cases-Failure of the respondent to cooperate with the investigation, (1) shall not prevent continuation of the Enforcement procedures of the Code of Ethics, and (2) shall in itself constitute a violation of the Occupational Therapy Code of Ethics. D. Investigator Timeline The investigation process will be completed within ninety (90) days of the appointment of the investigator. The investigator shall report to the CSE unless the CSE determined special circumstances, which warrant additional time for the investigation. The investigators report shall state findings regarding the validity of the complaint. E. Retention and Referral of Complaint The CSE may at any time refer the matter to the Professional Regulation Commission, or other recognized authority/authorities for appropriate action.
Upon such referral with the appropriate authority, the CSE shall (a) retain jurisdiction; (b) stay any action until the CSE receives notification of a decision by that authority. A stay in conducting an investigation shall not constitute a waiver of CSE jurisdiction. F. Notification of Stayed Action The CSE shall send written notification of a stayed case. Such notification will be sent by registered mail to the complainant and the respondent.