Legal Advice and Guidance

This page draws together a range of guidance and advice around the law and other regulations related to your practice.

Corona Virus Update:

Friday 27th July

At the time of writing, there are still no specific, clear-cut rules for face to face therapy work from the Government and their guidelines are constantly changing. Therefore there is no specific or definitive policy on working practice at this time. In this unusual period, each practitioner is trusted to make themselves as aware as possible of the information available, and decide for themselves how to proceed safely if wishing to work in-person with clients.

There is of course no requirement to resume face to face CK sessions until you feel ready, and are comfortable with that. When working face to face there seem to be a range of options to consider from making a risk assessment which is advised by the Government, to wearing a full/partial range of PPE gear, through to social distancing, and using a disclaimer form (see below).
Of course there remains the option of continuing to work on-line for the present. CK translates particularly well on Zoom/Skype. Importantly, see your Mentor for coaching if you don’t know how to work on-line or need help with on-line confidence.

If the idea of deciding for yourself whether to resume face to face work is frightening, you don’t know what to think, or you do not know what options might be available, you are strongly advised to talk this over with your Mentor. Your Mentor is there to help you through difficulties in your practice, give them a ring. They will help you navigate current guidance in your respective country so you can get a professional policy in place you are happy with. (If you need a full session and you find yourself in financial difficulty then you can talk through the possibility of a concessionary rate.)

Resources:

Keep in touch with the Creative Kinesiology Association main Facebook page & the CKA Members Facebook group - apply to join if you’re not already a member of that group. There is news and relevant info for practitioners during this time and it's a forum to swap information and ask questions.
Financially, if the Corona Virus situation has impacted your earnings, you might want to check if you are eligible for the 2nd round of government grants from the HMRC.
All 4 countries in the UK are now allowed to return to face to face therapy work. Wales most recently on 27th July. There are specific guidelines for each country. Therefore try and make sure you are familiar with your own country’s government guidelines and information.
Kinesiology Federation guidance available to download here: KF Guidelines
Kinesiology Federation Disclaimer Form is available for download here: KF Disclaimer Form
Here is another Disclaimer Form from experienced therapist and WOTT student, Joanna Hazelton. Many thanks Joanna. This is nice and simple!! Joanna's Disclaimer Form
You may wish to tailor both these forms to suit yourself and for your clients to sign so that you are professionally protected when returning to in-person work. Again please ask your Mentor to help if you are not sure about this aspect.
The Federation of Holistic Therapists has guidance on returning to face to face work with a step by step guide of what to consider, also gives country-specific government guidelines.
The Complementary Medicine Association has a helpful page on Corona Virus information for therapists. There are ideas of what to consider when returning to face to face work and ideas of how to do a risk assessment. They also have weekly updates and an active Facebook Page. Janey Goddard the President of the CMA has done some You Tube videos on a variety of subjects, you can watch, including a Q&A on returning to work. There are country-specific government guidelines.
The BCMA advice has been already sent to members of the CKA via email. Here is a a reminder:
Do your own risk assessment and check with your insurance company to make sure you are covered.
Follow these guidelines for working as a close contact industry.
Other BCMA guidance:
If you work in a Clinic, providing all the safety measures have been put in place and you follow the guidance then go back to work face to face. NB there are limits in place for what areas of the body can be treated, eg, the face and front neck area is deemed higher risk and must be avoided.
If you work from Home - the guidance is very different and follows the same advice as having visitors to your home. You must limit the people allowed into your home to 2 per day including any private visitors.
Mobile Services - this needs a much higher level of PPE and should be restricted to urgent pain relief at this time.
Balens Insurance has a page on Corona Virus and information for therapists to keep themselves informed. They have country-specific government guidelines too.

Note: Please remember that none of the information given out by governing bodies is definitive, as there are no clear rules from the Government to follow. All research is done by volunteers who work for the Associations involved. It is not meant as specialist legal or medical expertise. You are expected to make your own decisions as best you can about working face to face, after making yourself aware of the current Government guidelines available.

Insurance

You must be insured to practice, using an insurance company that is recognised by the CKA. If you are also a member of the Kinesiology Federation, please check your insurance meets their requirements too.

You insurance needs to cover all therapies that you offer - so, if you widen your skills and training, be sure to update your insurance company. It might be a good idea to check your insurance carefully to be sure it covers all activities such as exhibiting at events, giving workshops and, particularly, teaching CK.

Insurance companies often used by our practitioners and accepted by the CKA include the following (these do not constitute recommendations):

Balens Limited
Holistic Insurance Services (HIS) - A special 'block scheme' price is available through our BCMA membership. An application form for this can be downloaded from the HIS website. If you are CKAP, you can apply directly to HIS using this form. If you are a Registered Practitioner, CKRP, you will need additional information for this form which Judith Hart can provide.

If you would like to use an insurance company not on this list, please contact us to discuss if this meets the Association's requirements.

Data protection and GDPR

Respecting your clients' privacy and keeping their data secure is essential.

The Cancer Act

There are very strict rules around advertising and cancer treatment set out in the Cancer Act 1939 - this includes what you are able to say to clients face-to-face and over the telephone.

The Complementary and Natural Healthcare Council (CNHC) has created clear guidelines on this area and we recommend all our practitioners read this document to make themselves aware of these rules.

CNHC Guidance: Cancer Act 1939 [PDF]

Advertising standards

The Advertising Standards Authority regulates what you may say on your website and in your promotional materials, and how you use client testimonials. Please ensure you follow their guidelines.

Links to the ASA guidelines on our Marketing and Logos page