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Like all healthcare workers, Allied health assistants (AHAs) face inherent risks while practising. However, the relationship between an AHA and an Allied Health Practitioner (AHP) plays a vital role in facilitating care and minimising potential risks. In this article, AHANA and AHANA's insurance partner, BMS, discuss potential risks to be aware of when care is facilitated by a health team, including between an AHA and AHP.
Imagine assisting a patient experiencing chronic back pain. You refer to the treatment plan provided by your delegating and supervising AHP to assist the patient with regular exercises. In each of these scenarios, unfortunately, the patient experiences a sharp pain in his back during treatment and later makes a complaint against you, suggesting the exercises caused further damage to his back.
The treatment plan instructions are not very detailed but you feel provide enough information for you to start treating the patient. You later learn that the instructions provided by the AHP were missing details about the client’s pre-existing condition which meant one of the prescribed exercises had to be provided in a modified way. Neither the pre-existing condition nor the modification were included in the treatment plan.
Would you be covered in the event of a claim?
Miscommunication is one of the common areas of risk that can lead to a claim for health care workers. When AHAs are assisting AHPs with patient care, it's important that patient information and the treatment plan are clearly communicated. AHANA recommends that the treatment plan or instructions are unclear, you should seek further details from the AHP so you are 100% sure that you are providing the client the support that the AHP has decided that the client needs.
The treatment plan provides you clear instructions on the exercises the client should complete as part of their treatment. You have experience with all but one of the exercises, having been previously shown how to work with clients to complete them. The other exercise involves techniques you are not at all familiar with but you think you can work it out, so you support the client as best you can.
Would you be covered by insurance in the event of a claim?
It is imperative, and a requirement of the AHANA Code of Conduct, to work within your scope of practice; the professional activities that you are educated, authorised, competent, and accountable to perform. Regardless of whether you are practising under your workplace’s, your delegating and supervising AHP’s, or your own insurance, you are unlikely to be covered if the claim arises from you working outside of your scope. If you hold cover under the AHANA Member Insurance Program, you are only covered if working within your scope of practice.
The treatment plan is clear about the exercises the AHP has decided the client should complete, as part of their treatment.
While you are working with the client, the client asks for you to perform another exercise with them that is not in the treatment plan. You are comfortable supporting the client with the exercise, as you have been shown how to do it safely and have supported clients with it a number of times. You think it could really help the client, so you take them through the exercise in the session.
Would you be covered in the event of a claim?
AHANA reminds members that AHAs must work under the delegation and supervision of AHPs, and within their scope of practice. In this case, you would have been acting without delegation, and outside of your scope as you have not been authorised to provide that service.
AHPs recognise the skills and experience of the AHAs they work with but are ultimately responsible for treatment decisions. If you find yourself in a similar situation, AHANA advises you should not complete the exercise with the client but could instead discuss the exercise with the AHP to see whether the AHP thinks it could be a useful addition to the client’s treatment plan.
If a claim were to arise when working under the supervision of an AHP, the question of whether the business’, the AHA’s or the AHP’s policy would respond depends on the particular arrangement and circumstances of the claim, and would be considered on a case-by-case basis. Often, a complaint or allegation could be made against everyone involved – the business, the AHA and the AHP.
Having your own individual insurance policy can help ensure you're covered, and it provides you with the control and flexibility to choose the cover that’s right for you.
With your own insurance policy, you could have cover for the following:
To help ensure that you understand your cover, be sure to review your policy and full terms and conditions or speak to your insurer.
As an AHANA Practising Member working under the delegation and supervision of an AHP, you can get cover under the AHANA Member Insurance program. The program offers Professional Indemnity and Public & Products Liability Insurance to help protect you while working.
To learn more about the AHANA Member Insurance program, visit the AHANA website or speak to the BMS team at ahana@bmsgroup.com
Eligible members can apply for insurance using a secure link via a members-only webpage, after being granted a practising membership. Please note it is a requirement of the insurance policy that you hold an active practising membership with AHANA, are an Australian resident and over 18 years of age. You must be a current Allied Health Assistants’ National Association Ltd (AHANA) member to be eligible to register for the AHANA Member Insurance program. You must be part of the AHANA Member Insurance program in order to access additional cover. If your membership ceases you will not be offered renewal when your policy expires. In offering this insurance to our members AHANA is a distributor of BMS Risk Solutions Pty Ltd (BMS) AFSL 461594, ABN 45161187980. The insurance is arranged by BMS under binder with Certain Underwriters at Lloyds (the insurer). When acting under a binder BMS acts as agent for the insurer and not as your agent. This is general advice only and BMS has not considered whether it was suitable for your personal circumstances, current objectives, needs or financial situation. Please read the Policy Wording and the BMS Terms of Engagement which contains the Financial Services Guide before making a decision about purchasing this policy. As a distributor, AHANA may receive a percentage of the commission paid to BMS by the insurer and/or a fee per policy in offering this insurance to members