Ethical and Legal Aspects of Occupational Therapy Practice with Older Adults

This chapter provides a concise overview of ethical principles that can be used to guide occupational therapists in their professional practice, while remaining cognizant of the legal obligations to which they are subject. Upholding such ethical principles and adhering to legal obligations helps to maintain a high standard within the profession and provides protection not only to the client but also to the therapist, co-workers and families who are involved. Some practical guidance is offered in relation to the operation of these principles and obligations and reference is made to some of the key statutory provisions and sections of the AOTA regulatory guidance. The chapter highlights the importance of these considerations in health-care environment which is becoming increasingly complex, unavoidably leading to situations in which errors can be made. The differing views on prompt and proper disclosure of such errors are discussed and it is advocated that disclosure is paramount, its importance being not in any way diminished by the recognition by the profession of the inevitability of errors. An emphasis is placed on the need to promote a non-punitive culture and environment in which therapists feel supported and encouraged to report errors so that they can be adequately addressed and prevented going forward. Several methods and practical tips to address past errors and prevent future errors are suggested. Some common violations and abuses of professional obligations are then discussed and an overview of the repercussions, as well as avenues of recourse available to victims, is provided. Consideration is also given to some of the contextual and systemic factors that may contribute to ethical tensions within the profession and the importance of not losing sight of these in the face of an ever-changing environment.