This Standard is secondary legislation made by the Physiotherapy Board under section 118(i) of the Health Practitioners Competence Assurance Act 2003.
This Standard comes into effect 1 April 2026
A PDF copy of this standard can be downloaded here
Introduction
Most physiotherapists already use some form of information and communications technology when providing care, and this has become an integral part of physiotherapy practice. The rapidly evolving landscape of digital health, including the use of Artificial Intelligence requires physiotherapists to actively consider and determine its application to ensure physiotherapy services to kiritaki are safe. This includes regularly reviewing decisions to use digital health tools which may change over time.
Definitions
Artificial Intelligence (AI): AI can be defined as ‘computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision making, and translation between languages.
Digital Health: Digital health is the field of knowledge and practice associated with the development and use of digital technologies to improve health. The following areas are commonly understood as being part of, or related to, digital health: artificial intelligence, big data, blockchain, health data, health information systems, the infodemic, the Internet of Things, interoperability and telemedicine.
https://www.who.int/europe/health-topics/digital-health#tab=tab_1
Health literacy: ability to obtain, understand and use health information to navigate health services and make appropriate health decisions. (Physiotherapists are responsible for presenting health information in a way that kiritaki can understand).
In‐person: Where the physiotherapist and kiritaki are physically present in the same consultation room.
Kiritaki: patient, client, consumer.
Telehealth: health services delivered over a distance through use of digital technology.
Te Tiriti o Waitangi
Te Tiriti o Waitangi was negotiated and signed in 1840 between the British Crown and many Indigenous Māori leaders and is one of Aotearoa New Zealand’s founding documents. Te Tiriti o Waitangi is te reo Māori version of this agreement, and the Treaty of Waitangi is the English language version. There are notable differences observed between the English and Te Reo Māori texts.
The Board | te Poari has made a commitment and actively prioritises the ongoing obligations under Te Tiriti o Waitangi, and respects Māori as tangata whenua. The Board | te Poari integrates the articles and overarching Principles of Te Tiriti o Waitangi with the aim of improving health equity and improving outcomes.
In the context of Digital Health physiotherapists should recognise that Māori data is a taonga to Māori and is subject to Māori Data Governance[1].
New Zealand Law
Physiotherapists must be familiar with the law governing this area of practice including but not limited to the Health (Retention of Health Information) Regulations 1996 and the Health Information Privacy Code 2020.
Physiotherapists must:
- have an appropriate level of understanding of and comply with the laws and regulations that govern and impact digital health in Aotearoa New Zealand.
Commentary: This includes but is not limited to, privacy law, data storage and the rights of Māori articulated in Te Tiriti o Waitangi. Where there is any conflict between the Standard and the law, the law takes precedence.
- have regard to the principles of Māori data sovereignty (Te Mana Raraunga, Kāhore he rā) when dealing with health information about Māori kiritaki and should give effect to those principles where appropriate. For the purposes of this Standard, the summary of the principles of Māori data sovereignty are:
- Rangatiratanga – Authority: Control, Jurisdiction, Self‐determination
- Whakapapa – Relationships: Context, Data disaggregation, Future use
- Whanaungatanga – Obligations: Balancing rights, Accountabilities
- Kotahitanga – Collective benefit: Benefit, build capacity, Connect
- Manaakitanga – Reciprocity: Respect, Consent
- Kaitiakitanga – Guardianship: Guardianship, Ethics, Restrictions
- make informed decisions regarding risk assessment and the suitability and use of Digital Health technology, in their practice. Due diligence must be done prior to using digital tools and must be reviewed regularly.
Commentary: When using or considering using digital health tools in their work Physiotherapists are responsible for ensuring they assess, educate and upskill themselves regularly to be able to make informed decisions.
Physiotherapists should seek guidance and undertake a risk assessment when assessing whether a digital health tool is suitable.
Considerations include different cultural perspectives on the use of digital health, the health literacy of kiritaki, the storage and use of any data input. Physiotherapists must only use digital tools within their area of competence.
- gain informed consent and document this consent before using Digital Health tools that require input of personal kiritaki data.
Commentary: Personal data belonging to kiritaki may be used to train digital health tools or for other purposes such as assisting with decisions on care, or triaging. Identifiable data can then find its way into that learning database. Before using any digital health technology, physiotherapists must obtain informed consent from the kiritaki, explaining how the technology will be used, its purpose, and any potential risks such as geographic location of data.
Kiritaki must be informed and consent gained for the intended use of the information they provide, and the limitations and risks associated with the digital health tool being used. See informed consent standard
- retain human oversight when utilising digital health tools, by ensuring they are only used to enhance and never replace their own professional judgement.
Commentary: Digital Health tools may be used to enhance and not replace a physiotherapist’s professional judgement. Physiotherapists remain responsible for delivering safe services and must apply human oversight when using digital health tools.
- ensure the output of Digital Health tools accurately represents the content of the consultation.
Commentary: it is the responsibility of the physiotherapist to ensure health records are an accurate representation of what was discussed and occurred when providing physiotherapy services. (See Physiotherapy Health Records Standard)
- ensure the confidentiality and privacy of kiritaki information, as required by privacy and health record legislation in Aotearoa New Zealand, regardless of how it is collected, recorded and stored.
- be aware of, consider and take account of biases within Digital Health
Commentary: Digital Health tools are often trained on large datasets that may under‐represent or misrepresent minority populations, potentially reinforcing existing social and health inequities and amplifying inherent biases in practice.
- take into account the limitations of any method of communication they or their kiritaki use and ensure they do not provide a service, which puts kiritaki safety at risk.
Commentary: The security of any device, software or service being used for communication must be assessed, only allowing the intended recipients to receive and record, and be fit for purpose. Considerations may include frequency with which emails are checked and the avoidance of using shared email addresses. Physiotherapists should advise kiritaki not to use email if urgent advice is required and that communication will usually only take place during normal business hours.
- behave respectfully in all media and communication to, and about kiritaki, colleagues or other health professionals and agencies at all times (including when using electronic communication and social media).
- consider whether an in‐person consultation is more appropriate when planning to use telehealth. If, because of the limits of technology, the safe delivery of physiotherapy services cannot be provided, another suitable method of consultation must be sought.
Commentary: The Board | te Poari expects physiotherapy services provided kiritaki when using telehealth meets the same required standards as care provided in an in‐person consultation.
Considerations when assessing the suitability and limitations of providing telehealth services may include:
- kiritaki selection, ability to provide culturally safe services, health and technological literacy of kiritaki, being able to gather enough information to safely assess, diagnose and provide management, informed consent, maintaining privacy and confidentiality, communicating with ngā kiritaki hauora relevant primary care provider in a timely manner and follow‐up.
- Ensure that both the kiritaki and physiotherapists have access to suitable technology for telehealth consultations, including reliable access, audio‐visual capabilities, and familiarity with the digital platform being used.
- be aware when providing physiotherapy services from Aotearoa New Zealand to kiritaki in another country they remain subject to New Zealand law.
Commentary: Physiotherapists providing physiotherapy services to kiritaki in other countries must meet the same requirements as when providing physiotherapy services within Aotearoa New Zealand.
Physiotherapists also need to be aware they may be subject to other legal obligations, requirements or liabilities in the location where the kiritaki is located or jurisdiction of authorities in the kiritaki home country. Physiotherapists may be liable if kiritaki is assisted to contravene that country’s laws or regulations, for example, any importation and possession requirements and should seek legal advice should be sought in that country, if necessary.
Related Resources
Health Information Privacy Code 2020
Health (Retention of Health Information) Regulations 1996
NEAC Standards Chapters 12 and 13
Physiotherapy health records standard
References
d.). Retrieved from Te Mana Raraunga
Effective: 1 April 2026