Digital, print, virtual and telephysiotherapy

Running a website

• You may share general physiotherapy advice on open websites, but it must not be tailored to an individual's needs.
• Clearly state that the content is for information only and not a substitute for professional regulated healthcare advice.
• Advise users to consult their own healthcare providers for specific concerns or bespoke advice
• Review and update your content regularly to ensure accuracy.
• Providing general information does not usually create a legal duty of care. However, if your advice is too specific, someone could argue you owed them a duty of care – particularly if they experience harm as a result.
• The legal status of your service depends on where your website is based and hosted. Always include clear terms and conditions explaining this.

Website consultations

• When you provide personalised advice or treatment through your website, you create a professional relationship and a duty of care.
• The legal status of your service depends on where your website is based and hosted. Always include clear terms and conditions explaining this.
• The CSP PLI scheme has geographical policy restrictions in place, especially for the USA, Canada and Australia – check with James Hallam brokers directly for advice if you are unsure if the PLI scheme will cover you.

You must:

• Base all advice on a proper assessment of the patient.
• Decide whether an in-person consultation is needed for safe care.
• Be cautious when offering a diagnosis or prognosis, as these typically require a face-to-face assessment.

Telemedicine (remote consultations)

• The CSP PLI scheme has restrictions on the extent of indemnity provided to members for telemedicine and other virtual technologies provided to people outside the United Kingdom.
• Some countries require legal registration to deliver healthcare via telemedicine or other online platforms.
• You are responsible for checking the legal and professional requirements in any overseas country where your patients are located – and registering if needed.
• The standard of care must be equal to that of a face-to-face consultation – you are not allowed to provide a lower standard simply because the interaction is online.
• Members must be based in the UK treating patients in the UK and/or patients based overseas but not in Australia, the USA or Canada

If you are in the UK:

• Services provided from the UKby members who are ordinarily resident and based in the UK, to people who are also physically based in the UK at the time they receive the consultation, are covered by the PLI scheme subject to policy terms and conditions.
• A member based in the UK may also continue the care of their patient while that patient is temporarily outside the UK (for example, on holiday), or permanently resident overseas, worldwide but NOT in the USA, Australia and Canada, NOR any country where telemedicine is subject to local regulation, subject to policy terms and conditions. Read HCPC guidance on providing remote treatment overseas.

If you are outside the UK:

• If you are a UK CSP member currently overseas, you will need to seek local advice.
• For overseas nationals wishing to provide remote services into the UK, the HCPC states: 'Unless someone is intending to practise in the UK, they do not need to be registered with us. Any non-UK registered health and care professional providing telehealthcare from outside the UK must make clear to their UK clients based in the UK that they are not registered with the HCPC. They should also ensure that they are meeting any regulatory requirements of the country/state in which they are working.'

Publications

General advice must:

• Not be based on an individual assessment or bespoke considerations.
• Be similar to content that could be found in books, leaflets, DVDs, or online.
• Be intended for a broad general audience, not one specific person.

Examples: media interviews, general health publications, public-facing websites, or exercise DVDs.

When creating content for the general public, assume your audience is:

• Unknown.
• Unassessed.
• Undiagnosed.
• Possibly unsuitable to follow the advice or exercises.

Specific advice must:

• Be based on an individual assessment and bespoke considerations.
• Identify the patient's individual needs.
• Be provided by a registered physiotherapist.

If you give a book, publication, or DVD you created to a patient under your care:

• You have a duty of care to that patient.
• You must ensure the content is suitable for their specific condition.
• You must clearly explain if any part of it is not appropriate for them.

Disclaimers

May be used with general information only. You should advise that:

• The advice is general in nature.
• It is not a substitute for individual professional advice from the users own healthcare professionals.
• It does not replace medical relationships or individual advice (e.g. with a GP, hospital specialist, or therapist).

Must not be used with individual patient care.

• Your duty of care to a patient is absolute and non-delegable.
• You cannot absolve yourself of your duty of care, or any liability for personal injury as a result of your negligence.
• You must provide a reasonable standard of care to your patient in line with HCPC requirements.