Optical Registration Board Code Of Professional Conduct And Ethics For Dispensing Opticians Bye-Law 2019

• Jurisdiction: Ireland
• Citation: IR SI 47/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th February, 2019.

The Optical Registration Board, in exercise of the powers conferred on it by section 31 of the Health and Social Care Professionals Act 2005 (as amended), with the approval of the Health and Social Care Professionals Council, hereby makes the following bye-law:

1. This bye-law may be cited as the Optical Registration Board Code of Professional Conduct and Ethics for Dispensing Opticians bye-law 2019 .

2. The Optical Registration Board Code of Professional Conduct and Ethics for Dispensing Opticians bye-law 2015 ( S.I. No. 453 of 2015 ) is hereby revoked with effect from the date specified in paragraph (5).

3. The Optical Registration Board hereby adopts the Optical Registration Board Code of Professional Conduct and Ethics for Dispensing Opticians contained in the Schedule of this bye-law.

4. The Optical Registration Board Code of Professional Conduct and Ethics forms part of this bye-law.

5. This bye-law comes into operation on 28 February 2019 and both the bye-law and Optical Registration Board Code of Professional Conduct and Ethics for Dispensing Opticians remain effective until revised by any further bye-law of the Optical Registration Board.

SCHEDULE

Optical Registration Board Code of Professional Conduct and Ethics

Foreword

I am pleased to present the Code of Professional Conduct and Ethics for Dispensing Opticians devised by the Optical Registration Board at CORU. The code specifies the standards of ethics, conduct and performance expected of registered dispensing opticians.

The Optical Registration Board was appointed on February 2015 by the Minister for Health, Leo Varadkar. The purpose of CORU is to protect the public by promoting high standards of professional conduct, professional education, training and competence among registrants.

In 2010, the Health and Social Care Professionals Council at CORU developed a framework code detailing common standards across its constituent boards. The framework was reviewed and updated in 2013. The framework was further reviewed and updated in 2018. Many of the standards of ethics, conduct and performance expected of dispensing opticians are common to the health and social care professions to be regulated by CORU. The Optical Registration Board, made up of both lay members and representatives of the profession, have carefully adapted the framework with additional assistance from experts external to the Board, public consultation and international best practice.

This Code outlines the standards of ethical behaviour and conduct that the public expects from dispensing opticians. Each year registrants will be asked to pledge that they comply with the Code of Professional Conduct and Ethics. It is essential that all registrants read, understand and meet the standards set out in this Code as failure to do so could result in a complaint of professional misconduct being made about the registrant.

As the goal of the Optical Registration Board is to protect the public by fostering high standards of professional conduct, education, training and competence among registrants, adopting this Code is a major milestone in this process. As the profession develops, the Optical Registration Board is committed to continually reviewing these standards, in doing so, ensuring that they remain both relevant and comprehensive. We expect that all dispensing opticians will comply with these standards and that the consistent application of these standards will benefit individuals. We look forward to working with dispensing opticians, their employers and service users in realising such benefits through developments in the statutory registration process.

Peter McGrath

Chairperson

Optical Registration Board

23 January 2019

Contents

Foreword About the Code Summary of responsibilities Conduct Performance Ethics Appendix A - Suggested procedure for decision-making

About the Code

As a registrant you must comply with this Code of Professional Conduct and Ethics.

You must be aware that a breach or breaches of this Code could be held to be professional misconduct or poor professional performance and could result in a disciplinary sanction being imposed following a fitness to practise inquiry.

“Professional misconduct” as defined by the Health and Social Care Professionals Act 2005 as amended means any act, omission or pattern of conduct of the registrant that is a breach of the code of professional conduct and ethics adopted by the registration board of that profession.1

“Poor professional performance” as defined by the Health and Social Care Professionals Act 2005 as amended means any failure2 of the registrant to meet the standards of competence that may reasonably be expected of registrants practising that profession.3

Complaints may be made against you under the Health and Social Care Professionals Act 2005 on the following grounds:

• Professional misconduct

• Poor professional performance

• A relevant medical disability4

• A failure to comply with a term or condition of registration or failure to comply with an undertaking given

• A contravention of the Health and Social Care Professionals Act 2005 or rules made under it or bye-laws

• A conviction in the State for an offence triable on indictment or a conviction outside the State for an offence consisting of acts or omissions that if done or made in the State would constitute an offence triable on indictment.

In this document:

• ‘You must’ is used as an overriding principle or duty

• ‘You must not’ is used as an absolute prohibition

• ‘You should’ is used to describe the course of action that is generally best practice, but acknowledges that another approach may be appropriate in particular circumstances, or that there may be factors outside your control that affect your ability to comply

• The term “service users” includes service users, patients, clients and anyone else who uses your service.

In addition to complying with this Code, you also have a duty to keep up-to-date with legislation or legal developments that affect your professional practice.

Summary of responsibilities:

Below is a summary of your responsibilities as a registrant, grouped into three categories: conduct, performance and ethics. These responsibilities apply to all of the health and social care professions which CORU regulates including Dispensing Opticians.

Conduct

1. Act in the best interests of service users

2. Respect the confidentiality and privacy of service users

3. Maintain high standards of personal conduct and behaviour

4. Use social media responsibly

5. Comply with obligations regarding registration

Performance

6. Address health issues related to your fitness to practise

7. Obey laws, regulations and guidelines

8. Comply with requirements for the protection of children and vulnerable adults

9. Act within the limits of your knowledge, skills, competence and experience

10. Keep your professional knowledge and skills up to date

11. Obtain consent from service users

12. Assess service users’ capacity to consent where necessary

13. Communicate effectively with service users and others involved in their care

14. Act in accordance with the principles of open disclosure

15. Assist, advise and support colleagues, recently qualified registrants and students

16. Teach, supervise and assess students and other professionals

17. Supervise tasks that you delegate to others

18. Keep accurate records

19. Assess health, safety and welfare risks

20. Raise concerns about safety and quality of care

21. Maintain adequate professional indemnity insurance

Ethics

22. Demonstrate ethical awareness

23. Respect the rights and dignity of service users

24. Avoid conflicts of interest

25. Undertake research in an ethical manner

26. Make sure that any advertising is truthful, accurate, lawful and not misleading

Conduct

You must always maintain a high standard of conduct.

1. Act in the best interests of service users

You have a duty to act in the best interests of service users.

You must:

a. treat service users as individuals, respecting their dignity, privacy and autonomy

b. respect diversity, different cultures and values

c. respect and, where appropriate, advocate on behalf of service users

d. support the service user’s right to take part in all aspects of the service provided and to make informed choices about the service they receive

e. do everything, insofar as within your control, to enhance the health, safety or welfare of a service user

f. when working in a team, be responsible for:

i. your own professional conduct,

ii. any service or professional advice you give,

iii. your own failure to act,

iv. any tasks you delegate, and

v. any delegated tasks performed by you.

g. insofar as possible, protect service users if you believe they are or may be at risk from another professional’s conduct, performance or health

h. if you become aware of any situation that puts a service user at risk, bring this to the attention of a responsible person or authority

i. put the safety of service users ahead of personal and professional loyalties.

2. Respect the confidentiality and privacy of service users

2.1 You must:

a. keep service user information securely and, subject to other provisions of this Code, treat it confidentially, including guarding it against accidental disclosure

b. share service user information with others only where and to the extent necessary to give safe and effective care or where disclosure is mandated by law

c. inform service users of the limits of confidentiality and the circumstances in which their information may be shared with others

d. obtain the consent of a service user before discussing confidential information with their family, carers...