Practical Tips for Osteopaths Working in Conjunction with a Masseur

This article was written by Peter Parker, Osteopath and Kellie Dell'Oro, Principal, Meridian Lawyers, from the AOA/Guild Risk Management Advisory Committee

What practical steps can you take to minimise your exposure to claims arising from treatment provided by a contractor?

Some osteopaths are now contracting masseurs to work in their practice and provide services to their patients. This approach to practice is becoming more common and can work well, however there are some practical tips to keep in mind.

Before the masseur commences work:

1              Ensure that there is a contract signed. Amongst other things, the contract should clearly define the scope for the masseur’s work and require the  masseur to have a current professional indemnity insurance policy (and if relevant, a public liability policy). It would be prudent to have a trial period for the arrangement.

2              Obtain a copy of the masseur’s current Certificate of Insurance. You should retain a copy on file.

3              Obtain a copy of the current registration certificate of the masseur and check there are no restrictions on their right to practice. You should also retain a copy of any current Police check and Working with Children check on file.

4              Obtain a curriculum vitae of the masseur and telephone past employers.  You should retain a copy of the curriculum vitae on file and a record of any telephone conversations with the referees.

It is important to take these steps, regardless of whether the masseur is working independently on site or in combination with you.

When dealing with patients:

5              Require the masseur to work initially in your presence so you can ensure the masseur has the approach to work and the personal skills that you expect. This is also an opportunity for you to get feedback from the patients.

6              You should see the patient initially, take a history, perform the clinical examination and, after diagnosis, formulate the plan for treatment. Depending on the plan for treatment, it is incumbent upon you, as the osteopath, to obtain the patient’s consent for that treatment.

7              If the planned treatment involves the masseur performing massage treatment, you should ask whether the patient is happy for this to occur.  Under no circumstances should the masseur ever perform osteopathic treatment.

8              You need to give clear instructions to the masseur on the area to be worked on, the type of massage and, if relevant, the length of time for the massage. Wherever possible, this instruction should ideally be given in the presence of the patient so as to ensure that the patient also has a clear understanding of the scope of the masseur’s treatment and your request.

You should require the masseur to make an entry on the treatment record of the patient. The record should include the type of treatment, the area of treatment, the grade of treatment (if relevant) and the duration (if relevant). It is advisable that all entries are made in the one patient file.

Following the treatment of the masseur you should then return to the patient and complete the consultation, re-examining the patient if appropriate and providing the patient with instruction regarding any further plan for treatment.

Failure to follow these steps may expose you to the liability of a contractor that is otherwise avoidable. If you would like any further assistance on these issues please contact the Australian Osteopathic Association, or Guild Insurance on 1800 810 213.

The article contains information of a general nature only and is not intended to constitute the provision of legal advice.