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76

JCPSLP

Volume 18, Number 2 2016

Journal of Clinical Practice in Speech-Language Pathology

and are requiring a review of the current service provider

responsibilities and arrangements.

For example, in some jurisdictions the disability speech

pathology service provider has been part of developing

and providing a service within the state health system to

provide instrumental assessments of swallowing for people

with disabilities. The NDIS may provide a catalyst for the

state-based public health services to decide that they will

not provide instrumental assessment of swallowing such

as a modified barium swallow for people with disabilities.

Is it appropriate for these to be funded through the NDIS/

disability sector? Should community-based speech

pathologists who are providing support for dysphagia

assessment and management provide the clinical support

for private radiology services which may step into the

breach and offer an MBS? What if speech pathologists

are asked to work within the hospital setting to provide

the clinical support to the radiologist who works within the

hospital? Where does the responsibility lie to determine

whether or not these services might be more appropriately

funded and provided through the state health services?

Where and how should the advocacy for this occur, and

who should be doing this?

Ethical issues and challenges

specific to NDIS

Since the introduction of the NDIS, Speech Pathology

Australia (SPA) members have been raising concerns in

relation to the NDIS about a range of ethical issues. Many

of these are not new, but the changes brought by the NDIS

mean that issues which previously may have been

managed through existent structures and systems now

require a response by individual members, as well as by the

profession over all. Additionally, the NDIS is currently in a

process of very dynamic evolution and development. The

“rules of engagement” are constantly changing and it can

be difficult to get clear and consistent information about

what they are.

While many of the ethical issues may be familiar and

possible to anticipate, it is important to be alert for new

ethical challenges as they emerge in the NDIS environment.

People with disabilities who have communication and

swallowing difficulties are likely to have complex clinical and

service delivery issues. It is commonly identified that this

group are particularly vulnerable to abuse, including of their

communication rights (ASHA, 1992). These complexities and

vulnerabilities bring with them a responsibility for us to reflect

on our competencies, and on our relationships and interactions

with participants and their supports. We are required to be

aware of, understand, use and advocate for the range of

strategies and techniques (ASHA, 1992; SPA, 2012) which

facilitate communicative rights, access and participation for

people with disabilities. This includes their ability to take

part in life situations where knowledge, information, ideas or

feelings are exchanged (Eadie et al., 2006), using whatever

modes of communication are available for them in order to

successfully send and receive a message.

Speech Pathology Australia

member feedback

A brief survey in December 2015 of Speech Pathology

Australia members of the online SPA Disability member

community demonstrated that speech pathologists working

with NDIS participants are aware of a broad range of ethical

issues arising from this clinical context.

services from their organisation. Participants whose

understanding of speech pathology is limited may demand

a type, frequency, duration or model of services which

are not evidence based and which could have negative

consequences.

“It is hard sometimes to help families understand that

more isn’t necessarily better, and that it’s more about

what I can support them to do, and a lot less about

me being with their child.”

Providers have had to modify their service delivery as a

result of the NDIS pricing and support, and rules around

what activities can be included in billable hours. For

example, the restrictions around payment for travel are

creating a shift back to participants attending at clinics,

and provision of services in segregated and central rather

than community settings. Clinicians may have “quotas” of

billable hours that have to be achieved per day or week. It

is NDIS planners who are tasked to support participants to

develop and articulate their participation focused goals. It

is also planners who determine what and whether services

are “reasonable and necessary” and represent “value for

money”. From its implementation in July 2013, the NDIS

identified the provision of trans-disciplinary support as

the exemplar for early intervention services (NDIS, 2014).

Family-centred practice, routines-based and strengths-

focused intervention, and use of a key worker as a primary

provider of interventions are core components of this model

of service delivery (NDIS, 2013). These developments

have provided a catalyst for the early intervention sector,

including allied health providers, to explore and attempt

to clarify our understanding of the terminology and best

practice in early intervention, including the role and

responsibilities of a key worker as a primary provider

of interventions, issues around scope of practice and

responsibilities, and boundaries around knowledge transfer

and delegation. For example, when is it appropriate or

necessary for a speech pathologist to take the key worker

role? What knowledge and skills can be transferred to

colleagues to enable them to provide holistic and integrated

developmental support to a child’s communication and oral

eating and drinking and in turn model this to others? What

knowledge and skills can be effectively transferred such

that another early interventionist can effectively provide

an intervention themselves? Are there some situations, or

some interventions, where we should see our role as one

of delegation to another team member, and if this is the

case, what are our responsibilities for the quality of the

intervention that those other members provide?

The NDIS has also had an impact on the interface

and overlap between the disability, health and education

sectors. While the expectation of the NDIS that mainstream

services maintain provision of services to people with

disabilities is reasonable, and seems very clear, the

interactions and relationships between the sectors are

different within and across jurisdictions. Arrangements

at local, regional and state or territory levels have been

developed between the education, health and disability

sectors for pathways and processes for referral, continuity

of care and provision of services at all levels within the

International Classification of Functioning, Disability and

Health (World Health Organisation, 2001). The changes in

the funding have created the need to rework well-tested

and effective processes where these have been in place,