CPMA

Terms and Conditions 

Contingency Plan Creation Storage and Distribution Only

 

1. CPMA will distribute the CP to the Nominated Executive Officer, hereby referred to as the NEO, in your Contingency Plan as recorded on the MyDocSafe individual portal

2. The Contingency Plan will hereto be referred to as the CP. The CP includes the documents and information contained within the CP portal linked to the CPMA login account as completed by the Author and Signatory.

3. The Signatory acknowledges that they have practiced according to the regulatory requirements of AHPRA and has during the time of practice maintained professional indemnity insurance.

4. The Signatory refers to the AHPRA-registered Psychologist or allied health professional named in this CP who has applied a legally binding signature to the CP

5. The Signatory acknowledges that their CP can only be released to their authorised NEO and to no other person or persons.

6. Unexpected Incapacitation refers to a Signatory experiencing an injury, accident or illness that prevents them from completing their professional duties as required under the Psychology Board of Australia Code of Conduct due to mental or physical incapacitation

7. Expected Incapcitation refers to a Signatory experiencing the results of a planned or known illness, period of absence, injury or diagnosis of a progressive or degenerative illness or disease that prevents them from completing their professional duties as required under the Psychology Board of Australia Code of Conduct 

8. Client refers to the service users of the Signatory.

9. Current clients refers to service users being seen by the Signatory at the time of a CP being activated

10. Past clients refers to any and all service users seen historically by the Signatory at the time of a CP being activated

11. The Informant refers to the notifying person providing information regarding the illness, injury or death of the Signatory in the event the Signatory is unable to do so.

12. In the event a Signatory has died or is incapacitated, the informant must provide Certified Documentation regarding the status of the Signatory. Certified Documentation can include a Death certificate, Medical Certificate, Medical Certificate of Cause of Death, or Statutory Declaration detailing the Signatory’s status and the informant’s name, relationship and ID (Photo ID drivers licence, passport, etc)

13. Client Notes refer to the electronic and hard copy clinical notes collated by the Signatory in the provision of services provided to clients

14. Client File refers to the entirety of information relating to a single client, this may include client notes, professional correspondence, screeners and test results, and material produced within the client’s interaction with the Signatory within client sessions.

15. Testing materials includes kits, manuals, scoring materials, and results that are restricted access to particular professionals; this includes but is not restricted to Intelligence Testing, Academic Testing, Behavioural Testing  and Neurocognitive Testing.

16. It is the responsibility of the Signatory to complete all required fields within the CP document. 

17. The Signatory accepts responsibility to maintain an up-to-date CP. 

18. The Signatory acknowledges that in the case that relevant and required information is not completed, the NEO may not be able to fulfil the duties of the role to their full extent

19. The Signatory acknowledges that when a CP is activated the NEO will act on behalf of the Signatory in regards to completing the Signatory’s ongoing professional responsibilities in the case the Signatory is unable to do so. 

20. Ongoing professional responsibilities include contact with clients, risk assessment, appropriate forward referrals, management and storage of confidential client information in accordance with AHPRA requirements and responding to client requests for information, file transfers to AHPRA registered treating clinicians, and responding to Court Orders such as Subpoenas.

21. The Signatory  acknowledges that in the case of the Signatory becoming incapacitated or dying, the NEO will not be held responsible for the payment of any fees, payments, or invoices on their behalf and that all financial issues regarding creditors, invoicing and outstanding debits and credits will be managed by the executor of their Will  or in the case of incapacity their next of kin, accountant, or business partner(s).

22. Professional transition refers to the Signatory transitioning into a different career or non clinical pathway where they choose or will be unable to maintain ongoing professional requirements

23. Migration refers to a Signatory relocating overseas where completion of professional duties of client contact, client files storage and management and subpoena requests may be unsustainable

24. Maternity Leave refers to a period of leave for pregnancy, birth and the post natal period

25. Parental Leave refers to a period of leave for child care

26. Carers Leave refers to leave to complete caring duties

27. Retirement refers to a Signatory ceasing paid employment in clinical services

28. Planned CP Activation may occur by the request of the Signatory in the event they professionally transition, migrate, take carer, maternity or parental leave, retire or are diagnosed with a progressive or debilitating illness.

29. In a planned Activation the Signatory will provide the reason and expected duration of the CP activation

30. Unplanned Activation refers to an event where the CP is activated due to the Signatory becoming suddenly incapacitated or dying in an unplanned event

31. In an unplanned activation the CP will be activated when CPMA receives certified documentation confirming that the Signatory has become incapacitated or died,

32.  In  a planned activation, the Signatory provides written authorisation for the CP to be activated on their behalf

33. The Signatory acknowledges that they have nominated a professional who under the terms of the Psychology Board of Australia is a person who is able to carry out their professional duties in the Signatory’s absence

34. The Signatory acknowledges a  NEO’s role includes the following specified duties as a minimum in an unplanned activation: accessing the Signatory’s client management software or diary, contacting clients, risk assessment and appropriate onward referral to appropriate services, acquisition of  and access of all hardware including business laptops, desktops phones and devices, acquisition of restricted testing materials, hard copy files, digitisation of hard copy files, ongoing storage of client files for the duration as required under the Psychology Board of Australia’s Code of Conduct, seven years since the last contact in the case of adult clients and until the age of 25 for clients under the age of 18. Responding to client requests for information, file transfer and responding to subpoenas. The NEO is responsible for the transfer and storage of files held on hardware, the removal of confidential current and past client material from these devices and the return to a nominated Executor, next of kin or business partner or disposal of these devices.

35. The Signatory acknowledges that any individual specified duties arranged with the NEO must be contained within their signed CP

36. CPMA will not be held responsible for taking over the duties of the NEO should the NEO be unable to do so whether through capacity or eligibility

37. The Signatory acknowledges that non payment of subscription dues will result in the Signatory’s CP becoming inactive. 

38. CPMA will make all reasonable efforts to contact the Primary NEO on the provided contact information. Should these details be incorrect, or the NEO cannot be contacted on these details,  CPMA will make all reasonable efforts external to these details (AHPRA, professional Bodies and Open Source information) to contact the Primary NEO.

39. In the case CPMA cannot contact the Primary NEO,  the Secondary NEO will be contacted according to the same conditions as per the Primary NEO

40. The Signatory acknowledges that their signed CP will ONLY be released to their nominated Primary or Secondary NEO.  In the case that neither can be contacted the CP will not be released to any other person due to the confidential nature of client information and the ongoing professional requirements for the maintenance of client confidentiality

41. The Signatory acknowledges and agrees that they will provide written information to current clients regarding the provision of Contingency Planning and how client information will be managed in the case of the Signatory’s incapacity or death. CPMA recommends this information be incorporated into the written consent documentation clients must sign prior to engagement.

42. The Signatory acknowledges that contractual arrangements between themselves, their Estate or beneficiaries and CPMA will cease at the distribution of their CP to their Nominated Executive.