Standards for driving assessments and vehicle modifications
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Standards for driving assessments and vehicle modifications This standard applies to occupational therapists holding a practising certificate in New Zealand, and who provide driving and vehicle modification assessments. 22-28 Willeston Street, 6011 P O Box 9644, Marion Square Wellington 6141, New Zealand T: +64 4918 4740 E: enquiries@otboard.org.nz W: otboard.org.nz March 2022
Standard: driving assessments and vehicle modifications 1. Introduction strategies. Concurrently, specialist occupational therapy driving assessors may also engage in passenger transport Driving is considered an instrumental activity mobility for children and adults with of daily living (IADL). It involves a complex cognitive or locomotor injury or disability collaboration of motor perceptual, sensory (Di Stefano, Stuckey, Kinsman & and cognitive skills. For the driving task, Lavender, 2019). Occupational therapists individuals must simultaneously interact with provide overview and support in design and the motor vehicle and the external project management for travelling safely environment (Fields & Unsworth, 2017; as a passenger in a vehicle. Advice may Patomella & Bundy 2015). involve basic assistive devices or complex vehicle modifications and adaptations. An Determining the safety of drivers requires a awareness and knowledge of the Ministry of comprehensive understanding of driving as an Transport: Land Transport Vehicle occupation and knowledge of the range of Compliance Rule: Low Volume Vehicle legal implications including the Land Transport Standard 45-60 and Low Volume Vehicle Act (1998) Section 18 and the Land Transport Standard 45-30 supports and guides this (Driver Licensing) Rule 1999, Part 7, Part 9, process. and Part 13. Waka Kotahi, the New Zealand Transport Agency, enacts the driver licence Occupational therapists are aware of the process and acknowledges the role of high priority individuals give to their driving occupational therapists as specialists who independence and of the associated undertake medical fitness to drive complexity in determining fitness to drive assessments. (Yuen & Burik, 2011). The severity of a serious adverse event occurring during the 2. Scope task of driving or when travelling as a passenger in a vehicle is potentially high This standard applies to occupational and holds inherent risks to the safety of the therapists who have a practising certificate in individual and the general public. New Zealand and who provide driving, passenger and vehicle modification The Occupational Therapy Board of New assessments. Zealand (OTBNZ) has developed these standards as an adjunct to the The objective of occupational therapy Competencies for Registration and engagement for the driving role is to Continuing Practice as part of its role to determine whether a person has the assure the public will receive a safe, necessary skills required to commence, competent occupational therapy service. continue, or return to safe and independent driving. Standards can be legally enforceable and used as a benchmark for reviews of The aim of driver rehabilitation is to facilitate competence and conduct by the OTBNZ or enhance safe and independent driving, or the Health and Disability including the provision of adaptive driving Commissioner if necessary. Other equipment and teaching of compensatory standards which are also applied are the PAGE 2
Standards: driving assessments and vehicle modifications OTBNZ Code of Ethics and the Health and provide clear written information to the Disability Commissioner (Code of Health and client. This should be provided prior to pro- Disability Services Consumers’ Rights) viding service wherever practicable. Infor- Regulations 1996. mation provided must: OTBNZ also seeks to honour Te Tiriti o Waitangi a. State the purpose of assessment, the in its regulatory activity and expects all process, type and duration of assessments occupational therapists to understand and work undertaken, and how the results will be with Te Tiriti as an overarching guide for communicated. This must include practice. It is anticipated that these standards information about off and on road will be reflected and supported by the assessments. organisation’s policies and procedures. b. Provide client specific information regarding the service’s assessment 3. New Zealand law components and processes. The references below are provided as an c. Provide information about the cost of indication that other legislation may relate to the assessment with responsibility for the work of practitioners in this area. payment clearly explained. Provision of a written quote, cost invoice and • Consumer Guarantees Act, 1993, Part 4 receipt must be provided. Fees and fee Supply of Services structures must be responsive to clause • Land Transport (Driver Licensing) Rule 2.2 in the OTBNZ Code of Ethics. 1999, Part 7, Part 9 and Part 13 • Medical Aspects of Fitness to Drive: A Guide d. Practitioners must be clear about their for Health Practitioners role in respect to advice where clients are • Fair Trading Act, 1986, Part 2 Consumer purchasing a vehicle and/or adaptive Information Standards equipment from a third party. • Health Practitioners Competence Assurance Act 2003 e. Where appropriate, provide information • Health and Disability Commissioner for clients to make them aware of their (Code of Health and Disability Services options for a second opinion, reassessment, Consumers’ Rights) Regulations 1996 and complaint processes. • Health and Safety at Work Act 2015 • Land Transport Act 1998 – Section 18, 4.2 Assessments are collaborative and Section 19, Section 106; Land Transport proactive. Communication occurs with Amendment Act 2017 referrers and / or may include the Waka • Ministry of Transport: Land Transport Kotahi Medical Review Section, ACC, other Vehicle Compliance Rule: Low Volume health professionals, and/or insurers. Vehicle Standard 45-60 and Low Volume Driving instructors, vehicle modification Vehicle Standard 45-30 engineers, technicians and/or sales • Vulnerable Children Act 2014 representatives may also be involved. • Privacy Act 2020. 4.3 Informed consent1 must be obtained in conjunction with information contained within clauses 4.1 and 4.2 will include: 4. Overview a. The collection of personal information. 4.1 Occupational therapists involved in driving, 1 Informed consent is defined in Right 7 of the code of passenger and vehicle assessment must health and disability service user’s rights: Right to make an PAGE 3 informed choice and give informed consent.
Standards: driving assessments and vehicle modifications 5.1 Off-road assessment Privacy statements with clear information and The off-road clinical assessment involves details for the sharing and disclosure of the following: findings and advisory recommendations of assessment. 5.1.1. Medical fitness Referral to assessment services should b. Outcome and recommendations that must include medical history in order for the be communicated to the clients’ general assessor to identify signs and symptoms of practitioner. It should be made clear to the pathology, contraindications and client which, and why, agencies will receive the precautions for driving. Any condition/s results of the assessment. likely to impact safe driving capacity or travelling as a passenger is c. Any statutory requirements to inform Waka comprehensively and appropriately Kotahi NZTA or other parties about the evaluated during the screening, interview outcome of the assessment. and assessment process. Particular attention should be made to Occupational therapists will review ensure appropriate informed consent for clients referals received and determine suitability with any cognitive impairment. of a client including ethical responsibilities and considerations before accepting or 4.4 It is essential that practitioners maintain providing a service. When medical records of the complete process and interactions information is not provided at the time of with the client. Information that is not referral, the occupational therapist will completed at the time or a short time after the make reasonable efforts to obtain this service should be recorded as such. information. a. Driver’s licence recommendations will be spe- 5.1.2 Occupational therapists will cific, reasonable and enforceable. Consideration consider any condition/s likely to impact will be given to reassessment of driving over a safe driving capacity or travelling as a set period based on the clinical judgement of the passenger is comprehensively and assessor. appropriately evaluated during the screening, interview and assessment b. It is essential that practitioners maintain re- process. cords of the complete process and interactions with the client. Information that is not complet- 5.1.3 Occupational therapists will complete ed at the time or a short time after the service assessments with regard to the medical should not be recorded as such. policies and standards contained in the Waka Kotahi NZ Transport Agency document: Medical aspects of fitness 5. Assessment Framework to drive: A guide for health practitioners. There is a wide range of potential deficits sub- 5.2 On-road practical drive sequent to illness, injury or disability which may A valid driver’s licence is essential for compromise driving safety. Occupational legally driving on New Zealand roads. therapists use a client-centred approach and are Findings from the off-road assessment required to evaluate and render an opinion on should support progression to on-road driving safety or potential, including prescription driving. If the practical drive is of vehicle modification. The following factors contraindicated by findings from the off- determine appropriate assessment protocols: road in-clinic assessment, then the client can reserve the right to proceed to an on- PAGE 4
Standards: driving assessments and vehicle modifications road assessment, provided that this may be ting adaptive equipment. done in a safe and controlled environment. 5.3.2 The occupational therapist is 5.2.1. A suitably qualified driving instructor is responsible for ensuring whānau/carers included in on-road assessments when can safely use all equipment provided, appropriate. The driving instructor is briefed by ensuring ongoing safety of the passenger. the occupational therapist prior to commencement and an appropriate route is 5.4 Where modifications to the vehicle are chosen based on findings from off-road required the occupational therapist will assessment and the client’s usual driving complete an on-road assessment in a mod- practice. The practitioner and the driving ified vehicle enabling the driver to trial the instructor share responsibility for safety during prescribed equipment. Where this is not the assessment and should ensure that they practically possible the occupational ther- have overlapping policies and procedures for apist will provide sound clinical reasoning managing any identified risk prior to the to justify recommendeding vehicle modifi- on-road assessment commencing. Both the cations without prior on road assessment. driving instructor and the occupational The occupational therapist will provide therapist have responsibility to end the recommendations regarding driver rehabil- assessment where an immediate risk of harm itation. Reassessment to confirm the client to the occupants or public is identified. has demonstrated a safe level of driving will be conducted when appropriate. 5.2.2. The occupational therapy service must have written protocols regarding the use of 5.4.1. The occupational therapy service an assessment vehicle for the purposes of an must have written protocols regarding on-road practical drive or whether the client’s driver rehabilitation. The aims and purpos- own vehicle can be used. A dual control vehicle es should be set by the occupational ther- should be used where indicated by the off-road apist with regular progress updates from and risk assessment. Vehicles must have a the driving Instructor to enable timely current warrant of fitness and registration, reassessment. have operating seat belts for the driver and passengers and display appropriate licence plates. This information needs to be provided 6. Education and qualifications to to the client prior to any assessment taking conduct assessments place. OTBNZ recognises there is no formal 5.3 Passenger assessment educational programme in New Zealand Passenger assessments need to include the which qualifies occupational therapists to following: conduct medical driving, passenger or vehicle modification assessments. Instead 5.3.1 The occupational therapist has a range of pathways for occupational responsibility for ensuring wheelchair securing therapists who conduct driving, and access equipment meets present clinical passenger and modification assessment requirements and all legal and safety currently exist. regulations. Consideration should be given to the future needs of the client to ensure the 6.1. Learning through supervision and equipment provided meets long term needs mentoring from an experienced wherever possible. This may require liaison occupational therapy driving assessor. with the clients wheelchair and seating Driving assessors will have engaged in therapist and the engineer responsible for fit- continuing professional development such PAGE 5
Standards: driving assessments and vehicle modifications as attendance at driving assessment 7.2 The practitioner’s ePortfolio should reflect conferences, designated courses, appropriate levels of professional submissions to professional publications, development related to driving assessment as and engagement in driving assessment part of every two year cycle. forums. Experienced occupational therapists are expected to evidence 7.3 The requirement to hold professional continued professional development and indemnity insurance must be considered by ongoing learning in their OTBNZ ePortfolio. the practitioner. 6.2 International study must be applicable 7.4 Occupational therapists must have for driving, passenger and vehicle ongoing professional engagement with the modification competency relevant to the occupational therapy profession and New Zealand context, including legislation, demonstrate current evidence-based best funding bodies and government. A practice relating to driving assessment in period of supervision and mentoring from New Zealand. Belonging to a professional an experienced driving assessor is required association may be advantageous. to adapt international training to the New Zealand context appropriately. Adaption 8. Resources of international training and assessment processes needs to incorporate and align 8.1 Additional information about providing with the Competencies for Registration and specialised services as an occupational Continuing Practice for occupational therapist can be found in the OTBNZ Position therapists. Statement: Practice Boundaries for Occupational Therapists and Practice 6.3 Some organisations and agencies Boundaries for Occupational Therapists: A offer Guide for Practitioners. credentialing for practitioners. It is the practitioners’ responsibility to identify the credentialing required for the scope of Related resources their role. Accident Rehabilitation and Compensation Insurance Act 1992; The Accident 6.4 It is expected that driving assessors Compensation Act 2001; Injury will be familiar with the New Zealand road Prevention, Rehabilitation and code and have held a full class 1 licence for Compensation Amendment Act (No 2) 2008; at least two years. The Accident Compensation Amendment Act 2010 7. Professional responsibilities American Occupational Therapy 7.1. To ensure ongoing competence occu- Association (AOTA) Evidence Based pational therapists must have appropriate Consensus Statements for Driving and Com- supervision. Best practice will involve regu- munity Mobility (2016) lar formal supervision from an occupational therapist who is an experienced driving Canadian Association of Occupational Thera- assessor or has active engagement with pists (CAOT) Position Statement ongoing professional development related Occupational Therapy and Driver to driving, passenger and / or vehicle Rehabilitation (2009) modification assessment. PAGE 6
Health and Disability Commissioner: The Patomella, A.-H., & Bundy, A. (2015). Code of Health and Disability Services Con- P-Drive: sumers Rights Implementing an assessment of on- road driving in clinical settings and Ministry of Transport: Land Transport investigating its internal and predic- Vehicle Compliance Rule: Low Volume tive Vehicle Standard 45-60 and Low Volume validity. American Journal of Occupa- Vehicle Standard 45-30. Low Volume tional Therapy, 69, 6904290010. http:// Vehicle Technical Association (LVVTA dx.doi.org/10.5014/ajot.2015.015131 Certification) Yuen, H. K., & Burik, J. K. (2011). Brief Occupational Therapy Australia (OTA): Report- Position Paper: Occupational therapy in Survey of driving evaluation and driver assessment and rehabilitation (2015) rehabilitation curricula in occupation- al therapy programs. American Journal Occupational Therapy Australia (OTA): Aus- of tralian Competency Standards for Occupa- Occupational Therapy, 65,217-220. doi: tional Therapy Driver Assessors (2018) 10.5014/ajot.2011.000810 Occupational Therapy Board of New Zealand: Code of Ethics for Occupational Therapists (2015); Competencies for Registration and Continuing Practice (2015). Vulnerable Children Act, 2014 References Di Stefano, M., Stuckey, R., Kinsman, N. (2019). Understanding characteristics and experiences of drivers using vehicle modifications. American Journal of Occupational Therapy. 3(1):7301205050p1-7301205050p9. doi: 10.5014/ajot.2019.023721 Fields, S., & Unsworth, C (2017). Revision of the Competency Standards for Oc- cupational Therapy Driver Assessors: An overview of the evidence for the inclusion of cognitive and perceptual assessments within fitness-to-drive evaluations. Australian Occupational Therapy Journal 64, 328–339 doi: 10.1111/1440-1630.12379 Standard approved by the Occupational Therapy Board of New Zealand 15 June 2021 PAGE 7
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