By: Richard Steinecke, Counsel at Steinecke Maciura LeBlanc (SML) Law
A new patient enters a clinic wearing a double mask, gloves and a face shield. The patient says: “I desperately need to see a physiotherapist. Has everyone here been vaccinated with Pfizer?”
How should you respond?
As tired as we are of hearing it, COVID-19 is somewhat unprecedented. The approaches that physiotherapists might have taken to other transmissible diseases, such as influenza, likely do not apply, at least not in exactly the same way.
Generally, physiotherapists are not required to disclose their own health status. Personal health information is highly personal and human rights principles usually allow practitioners to keep it private. Most of the time a physiotherapist is not required to provide this information to a patient. (Whether an employer can require such disclosure is a complex legal issue that is beyond the scope of this article.)
However, there may be some exceptions to this general principle. For example, a particularly vulnerable patient who will be receiving treatment that involves extended periods of exposure in a confined space in a context where COVID-19, or a particularly transmissible variant of it, is prevalent in the region at the time. Or in instances where the physiotherapist may have been exposed to COVID, the patient may be entitled to receive disclosure about vaccination status as part of the informed consent process (i.e., where there is a reasonable risk of harm to the patient).
Physiotherapists are expected to exercise professional judgment based on the latest scientific evidence, public health guidance and the specific circumstances.
Another potential circumstance is that soon there is likely going to be an assumption by patients that all practitioners who assess and treat them are vaccinated. In some circumstances this could result in a proactive duty to notify the patient if you are not vaccinated, even if they do not ask. The College cannot provide definitive rules about this, especially since circumstances relating to the pandemic continue to change so rapidly.
Where disclosure is not required, physiotherapists may voluntarily choose to tell patients or otherwise make their vaccination status public. Such disclosure may provide some reassurance to patients and help build rapport with them. However, how such disclosure is made is important. The disclosure should not suggest that vaccination is within the scope of practice or expertise of physiotherapy. Nor should it involve inaccurate or unverifiable statements.
For example, advising a patient who has immune disorder that a vaccination will be effective for them is not appropriate. Further, a statement that because you are vaccinated there is no chance that you can transmit COVID-19 to patients would not be supported by public health information available at the time of writing.
Careful consideration should be given to how disclosure about vaccination status can appropriately be made on social media. Statements should be factual. Statements should not assert superiority over other physiotherapists because of your vaccination status. While greater latitude (e.g., expressions of relief or joy) might be given to personal social media platforms to which patients do not have apparent access, a suitable degree of professionalism should accompany posts on platforms associated with your practices or platforms that patients might follow.
Similarly, physiotherapists should not disclose their unvaccinated status in a way that is inconsistent with public health guidance or currently available evidence. For example, a physiotherapist may tell a patient who asks that they are not vaccinated, however, it would not be appropriate to advocate, explicitly or implicitly, against vaccination to individual patients or on social media. Even if your professional status does not accompany a post on social media, viewers can usually ascertain that you are a physiotherapist.
Physiotherapists need to be cautious in advising patients about vaccination choices because this topic is outside of the scope of practice and expertise of physiotherapy. A factual statement of public health guidance along with a referral to additional resources after providing a disclaimer about the scope of practice and expertise of physiotherapy can be acceptable. However, expressions of personal opinion or the giving of apparent professional advice would be inappropriate. Even providing the reasons why you were or were not vaccinated can come across as providing a professional opinion.
If a patient wants to transfer their care because of your unvaccinated status (or because you decline to reveal your status), you should ensure a smooth transition including providing a copy of your records as promptly and easily as possible.
The above situation also raises interesting questions.
When can a PT ask a patient about their vaccination status? A patient should only be asked questions about their health status if it is relevant to their care.
How is the information relevant to the patient’s care? Often the information will be irrelevant to physiotherapy assessment and treatment. As a human rights matter, patients are entitled to care regardless of their vaccination status. If usual screening and universal precautions are adequate for the context, then there is no need for you to ask the question. Patients should not be stigmatized for their vaccination status. However, exceptions might exist where the best, recent scientific evidence is that physiotherapists should employ additional precautions (beyond usual screening and universal precautions) for unvaccinated clients. Then the information could be relevant.
The College is not asking physiotherapists to disclose their COVID-19 or vaccination status to the College for monitoring purposes. The College presumes that PTs will act appropriately if they have likely exposure to, demonstrate any symptoms of, or have been given a diagnosis related to COVID-19.
COVID-19 Vaccination FAQs
COVID-19 Information and Resources