Know your rights

- Every patient has the right to be treated with respect.
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- Every patient has the right to have their privacy respected.
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- Every patient has the right to be provided with services that take into account the needs, values, and beliefs of different cultural, religious, social, and ethnic groups, including the needs, values, and beliefs of Māori.

Every patient has the right to be free from discrimination, coercion, harassment, and sexual, financial or other exploitation.

Every patient has the right to have services provided in a manner that respects the dignity and independence of the individual.

1️⃣ Every patient has the right to have services provided with reasonable care and skill.
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2️⃣ Every patient has the right to have services provided that comply with legal, professional, ethical, and other relevant standards.
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3️⃣ Every patient has the right to have services provided in a manner consistent with their needs.
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4️⃣ Every patient has the right to have services provided in a manner that minimises the potential harm to, and optimises the quality of life of, that patient.
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5️⃣ Every patient has the right to co-operation among providers to ensure quality and continuity of services.

1️⃣ Every patient has the right to effective communication in a form, language, and manner that enables the patient to understand the information provided. Where necessary and reasonably practicable, this includes the right to a competent interpreter.

2️⃣ Every patient has the right to an environment that enables both patient and provider to communicate openly, honestly, and effectively.

1️⃣ Every patient has the right to the information that a reasonable patient, in that patient's circumstances, would expect to receive, including—
(a) an explanation of their condition; and
(b) an explanation of the options available, including an assessment of the expected risks, side effects, benefits, and costs of each option; and
(c) advice of the estimated time within which the services will be provided; and
(d) notification of any proposed participation in teaching or research, including whether the research requires and has received ethical approval; and
(e) any other information required by legal, professional, ethical, and other relevant standards; and
(f) the results of tests; and
(g) the results of procedures.

2️⃣ Before making a choice or giving consent, every patient has the right to the information that a reasonable patient, in that patient's circumstances, needs to make an informed choice or give informed consent.

3️⃣ Every patient has the right to honest and accurate answers to questions relating to services, including questions about—
(a) the identity and qualifications of the provider; and
(b) the recommendation of the provider; and
(c) how to obtain an opinion from another provider; and
(d) the results of research.

4️⃣ Every patient has the right to receive, on request, a written summary of information provided.

1️⃣ Services may be provided to a patient only if that patient makes an informed choice and gives informed consent, except where any enactment, or the common law, or any other provision of this Code provides otherwise.
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2️⃣ Every patient must be presumed competent to make an informed choice and give informed consent, unless there are reasonable grounds for believing that the patient is not competent.
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3️⃣ Where a patient has diminished competence, that patient retains the right to make informed choices and give informed consent, to the extent appropriate to their level of competence.
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4️⃣ Where a patient is not competent to make an informed choice and give informed consent, and no person entitled to consent on behalf of the patient is available, the provider may provide services where—
(a) it is in the best interests of the patient; and
(b) reasonable steps have been taken to ascertain the views of the patient; and
(c) either,—
(i) if the patient's views have been ascertained, and having regard to those views, the provider believes, on reasonable grounds, that the provision of the services is consistent with the informed choice the patient would make if they were competent; or
(ii) if the patient's views have not been ascertained, the provider takes into account the views of other suitable persons who are interested in the welfare of the patient and available to advise the provider.

5️⃣ Every patient may use an advance directive in accordance with the common law.

6️⃣ Where informed consent to a health care procedure is required, it must be in writing if—
(a) the patient is to participate in any research; or
(b) the procedure is experimental; or
(c) the patient will be under general anaesthetic; or
(d) there is a significant risk of adverse effects on the patient.

7️⃣ Every patient has the right to refuse services and to withdraw consent to services.

8️⃣ Every patient has the right to express a preference as to who will provide services and have that preference met where practicable.

9️⃣ Every patient has the right to make a decision about the return or disposal of any body parts or bodily substances removed or obtained in the course of a health care procedure.

🔟 No body part or bodily substance removed or obtained in the course of a health care procedure may be stored, preserved, or used otherwise than
(a) with the informed consent of the patient; or
(b) for the purposes of research that has received the approval of an ethics committee; or
(c) for the purposes of 1 or more of the following activities, being activities that are each undertaken to assure or improve the quality of services:
(i) a professionally recognised quality assurance programme:
(ii) an external audit of services:
(iii) an external evaluation of services.

Every patient has the right to have one or more support persons of their choice present, except where safety may be compromised or another patient's rights may be unreasonably infringed. You can contact an advocate through the Nationwide Health & Disability Advocacy Service.

The rights in this Code extend to those occasions when a patient is participating in, or it is proposed that a patient participate in, teaching or research.

1️⃣ Every patient has the right to complain about a provider in any form appropriate to the patient.
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2️⃣ Every patient may make a complaint to—
(a) the individual or individuals who provided the services complained of; and
(b) any person authorised to receive complaints about that provider; and
(c) any other appropriate person, including—
(i) an independent advocate provided under the Health and Disability Commissioner Act 1994; and
(ii) the Health and Disability Commissioner.

3️⃣ Every provider must facilitate the fair, simple, speedy, and efficient resolution of complaints.

4️⃣ Every provider must inform a patient about progress on the patient's complaint at intervals of not more than 1 month.

5️⃣ Every provider must comply with all the other relevant rights in this Code when dealing with complaints.

6️⃣ Every provider, unless an employee of a provider, must have a complaints procedure that ensures that—
(a) the complaint is acknowledged in writing within 5 working days of receipt, unless it has been resolved to the satisfaction of the patient within that period; and
(b) the patient is informed of any relevant internal and external complaints procedures, including the availability of—
(i) independent advocates provided under the Health and Disability Commissioner Act 1994; and
(ii) the Health and Disability Commissioner; and
(c) the patient's complaint and the actions of the provider regarding that complaint are documented; and
(d) the patient receives all information held by the provider that is or may be relevant to the complaint.

7️⃣ Within 10 working days of giving written acknowledgement of a complaint, the provider must,—
(a) decide whether the provider—
(i) accepts that the complaint is justified; or
(ii) does not accept that the complaint is justified; or
(b) if it decides that more time is needed to investigate the complaint,—
(i) determine how much additional time is needed; and
(ii) if that additional time is more than 20 working days, inform the patient of that determination and of the reasons for it.

8️⃣ As soon as practicable after a provider decides whether or not it accepts that a complaint is justified, the provider must inform the patient of—
(a) the reasons for the decision; and
(b) any actions the provider proposes to take; and
(c) any appeal procedure the provider has in place.

We are always interested in hearing how we can improve Tend.  If you have feedback about the Tend app or your experience with Tend, please email us on hello@tend.nz