Capacity to consent – children and young people

Last week we began looking at the third component of valid consent – capacity. We recognised how capacity involves being able to understand, retain and evaluate information to make and communicate decisions. We particularly considered capacity with regard to adults. This week we are going to consider consent with relation to young people and children and all the three elements of consent – voluntary, informed and capacity. First of all, to define children and young people. In this article a child is under the age of 16 years and young Continue Reading »

The Capacity Conundrum

In the last post we considered 2 essential aspects of valid consent – it must be voluntary and informed and we also looked at how you record consent. The 3rd essential element of valid consent is that the person has capacity to consent, this is the subject fot this post. It is not always a simple decision so you should have a clear understanding of capacity to inform your decision making. What is capacity? Capacity is the ability of a person to understand, retain and evaluate information to make and Continue Reading »

Consent – it’s not just about risk

In the last blog we spent time understanding the history of consent and the complete switch in the focus of consent since 2015. If you missed it, watch the video on facebook or see the previous post. Consent is the most important aspect of practice In my opinion gaining consent is the most important aspect to osteopathic treatment. It doesn’t matter if you are the most amazing osteopath with incredible premises if you practice without gaining valid consent you are both ethically and legally deficient. Good communication is fundamental to Continue Reading »

Who is Nadine Montgomery and why should you care?

If you have never heard of Nadine Montgomery she is fundamental to the current law on consent. She is not a doctor or a lawyer or a politician she is a patient. This is her story: Nadine’s story Nadine Montgomery was a woman with diabetes who gave birth by vaginal delivery. What is significant about this delivery was that her baby Sam was born with serious disabilities after shoulder dystocia during delivery. The doctor, Dina McLellan did not tell Nadine Montgomery about the 9-10% risk of shoulder dystocia. Why not? Continue Reading »

The new Mint Folder – What’s changed?

1. The order The folder is now arranged within each of the four themes. The new standards have a much more logical flow so topical standards and guidance are now gathered together under one theme. This means it is no longer necessary to have the Mint Folder arranged by topics. Keeping the order by theme will also help with implementing the new CPD scheme. You will be able to quickly identify where work on a particular area of practice aligns with a theme of the OPS. 2. CPD suggestions There Continue Reading »

What’s changed in the 2018 Osteopathic Practice Standards?

The new Osteopathic Practice Standards have just been issued. They have a 1 year introductory phase before they become the legal standards in September 2019. Mint has studied the standards in detail looking at what’s changed, what’s gone, and what’s new. This article will provide an overview of the changes. The new standards look quite different. There are fewer standards 37 down to 29. They have been moved around and the whole document has been made a lot more logical. Historically there were two documents published separately – the code Continue Reading »

GDPR Myths and Questions #4 – Explicit Consent

Why we don’t think explicit consent is necessary. There are some sources advising osteopaths that they must get patients to sign that they can give you their health data. At Mint we think that obtaining explicit consent for collecting health data is unnecessary (and so does the Incormation Commissioner’s Office) and here is why: Explicit consent is not appropriate for health data because it is not possible for patients to withdraw consent. If a patient does not consent to their data being processed in the clinic the osteopath is unable Continue Reading »

GDPR Myths and Questions #3 – Consent and Lawful basis

You need to identify the lawful basis you are using for processing someone’s personal data – i.e. your justification for processing that data. There are 6 different lawful bases that you may use, for any given set of data. One of these is consent, but there are others too – e.g. ‘contract’ (valid if someone’s personal data needs to be processed to fulfil your contractual obligations, or because they’ve asked you to do something before entering into a contract, such as provide information). This is completely separate from your consent Continue Reading »

GDPR Myths and Questions #2

Another GDPR question and a concern.. To encrypt or not to encrypt? A question has been raised whether passwords are sufficient or do you need to encrypt your computers and phone? I think I would first of all wind back a bit and ask whether you have secure passwords on all your devices? If you don’t then that is your first plan of action. There are detailed arguments for and against encryption but I would make sure you have good security in place anyway before you even begin to consider Continue Reading »

GDPR Myths and Questions #1

This is the start of a weekly series of blog posts answering some of your questions and addressing some of the myths around GDPR. I’ll be posting some memes and a brief video on facebook each week too, summarising this information. So let’s get straight to this weeks items: 1) Yes you do have to comply with GDPR – 25th May 2018, the law comes into force for everyone. I’ve seen people quote part of the GDPR stating that because we have less than 250 people in our organisations we Continue Reading »