Sustaining a culture of sharing in                  health education in the UK                  Dr Megan Quentin-Baxter FH...
2     Overview     • Context of healthcare teaching in the UK          – University teaching, academia          – Learning...
3     Context of healthcare teaching in the UK     • ~20% of all HE students in the UK are health or social       care stu...
4     Context of healthcare teaching in the UK          – Organising Open Educational Resources (OOER), OER phase 1, a    ...
5       What do teachers really do?©2010 Elsevier, Student Consult,www.studentconsult.comall rights reservedMarch 2012 cc:...
6     OOER institutional policy recommendations     • That authors should ‘hallmark’ all their content with       copyrigh...
7     Policies, disclaimers and risk     • In order to safeguard yourself against litigation for       copyright, performa...
8                       Good practice compliance table (managing risk)      Good practice compliancefrom        Explanatio...
9March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
10March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
11March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
12     Consent as distinct from IPR     • Defined by the principles in the Data Protection Act       1998 and Human Rights...
13     Consent as distinct from IPR                                                                        Susan Hallowell...
14March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
15March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
16     PublishOER     • Will develop new ways of augmenting the open educational       resources (OER) ‘pool’ with high qu...
17©2010 Elsevier, Student Consultall rights reservedwww.studentconsult.comMarch 2012 cc:by ©2012 Newcastle University, Meg...
18                                                                                     http://www.studentco©2010 Elsevier,...
19March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
20March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
21March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter   www.medev.ac.uk
22     The future     • FRRIICT case study: Assuring effective personal choice       in a world of open data - identifying...
23     University copyright working group     • Lecture recording (Panopto) being installed to replace       Echo360 – ove...
24     Attribution and disclaimer     • This file is made available under a       Creative Commons attribution share alike...
25     Abstract (1)     •   Teaching in health and social care makes up about 20% of all higher         education in the U...
26     Abstract (2)     •   The HEA MEDEV subject centre has worked with over 50% of         medical, dental and veterinar...
27     References     • British Clinical Recordings Task Force. (2012). Making and using clinical and healthcare recording...
28     Presenter profile     •   Megan is Director of the Higher Education Academy MEDEV subject centre until the end of M...
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MQB's presentation as part of Open Education Week at the Open University, Milton Keynes
Sustaining a culture of sharing in health education in the UK

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  • Overview of this presentation
  • These are only a few of the many recommendations, but they are the ones which we want to highlight to you . We really need institutions to use CC licences on their works, to clarify exactly who owns what and how it may be used.
  • The best way to safeguard yourself and your organisation against copyright infringement is to develop appropriate policies, advertise the policy clearly, train everyone in how to implement it, and follow it. For example, if you have a policy which says that ‘this material has been produced to the highest possible ethical standards and anyone with any concerns should contact xxx in writing after which the offending material will be removed within 10 working days pending investigation’. Then if someone contacts you, do what your policy says. Alternatively, you could just increase your annual insurance premiums to give you greater liability insurance in case of a breach (more on risk in a moment). Together with policies you could also use disclaimers: ‘the material provided on this site has been checked according to xxx however no warranties express or implied…’
  • A cross the UK staff and students are already uploading teaching and other materials to the Internet/web, especially to social networking sites. Failure to follow best practice doesn ’ t mean that you can ’ t do it, it just means that you need more insurance. If you have deep pockets and have little conscience you can put materials up, and wait for lawyers to get in touch. The ‘ best practice compliance ’ table developed in the OOER project was developed to assist institutions to understand how their policies measured up, in order to safeguard themselves from litigation brought against them, and also to establish their own rights in relation to their own copyrights. It is intended as a guide only and legal advice should be sought by those wishing to adopt good practice risk-management policies.
  • While copyright is an automatic right, data protection is better described as a set of principles. Arising from the perspective of patient consent (patient data is classed as ‘sensitive’ under the DPAct1998) for patient materials used in teaching, we argue for additional tools to support consent from people. When creating open educational resources copyright doesn’t quite go far enough to recognise the rights of people who are represented to be respected (whether they have copyright or not). Representation could be a photograph, voice or video recording, data set or patient story. For example, if a person has agreed for their photograph to appear in your open educational resources (they are a student, a member of staff, an actor, etc.), and they pass away, what do you do if their family asks you to take down the OER? (What you are legally required to do may be different to what you would choose to do, in principle). Therefore you are essentially operating ‘policies’.
  • Score presentation oew_mqb_mar2012_v1

    1. 1. Sustaining a culture of sharing in health education in the UK Dr Megan Quentin-Baxter FHEA FAcadMEd Director, Higher Education Academy subject centre for Medicine, Dentistry and Veterinary Medicine (MEDEV) Director, MEDEV, School of Medical Sciences Education Development, Newcastle University SCORE Fellow, Open UniversityMarch 2012 cc:by©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    2. 2. 2 Overview • Context of healthcare teaching in the UK – University teaching, academia – Learning in practice – More staff per student – equally there is more reason to share • Issues – Systems and processes, awareness – Ownership/licensing IPR and copyright – Performance rights – Consent for use in teaching as distinct from treatment or research – Risk management – risk ‘aware’ or risk ‘averse’? • Embedded third party content in OERMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    3. 3. 3 Context of healthcare teaching in the UK • ~20% of all HE students in the UK are health or social care students (HEA review of subject centres, 2009) • Mixture of academic and practice based education • Low staff-student ratios – 50% of UK nurse education takes place in practice – 1:1 or 1:2 teaching in UK dentistry (‘chairside’ education) • Many staff teach the same things – Issues of quality assurance and parity – Delivering the planned (as opposed to the ‘hidden’) curriculum • Clinical staff are expected to know how to teach as well as practiceMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    4. 4. 4 Context of healthcare teaching in the UK – Organising Open Educational Resources (OOER), OER phase 1, a collaboration of 16 medical, dental and veterinary schools in the UK raising awareness and practice of OER – Accredited Clinical Teaching Open Resources (ACTOR), OER phase 2 OMAC project with 5 partners leading on programmes in clinical education, aimed at raising awareness of open practice among clinical teachers working in the NHS – Pathways for Open Resource Sharing through Convergence in Healthcare Education (PORSCHE), OER phase 2, a collaboration with the London Deanery, and input from national and international colleagues, to increase collaboration and sharing between the NHS and academia, specifically the NHS eLearning Repository – Investigating new business models for including published works in OER (PublishOER), OER phase 3, with two commercial partners Elsevier and Rightscom; JISC Collections and the Royal Veterinary College London. PublishOER aims to identify means by which third party published works can be routinely included in OER – Other health related OER projects such as PHORUS and HalsOERMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    5. 5. 5 What do teachers really do?©2010 Elsevier, Student Consult,www.studentconsult.comall rights reservedMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter
    6. 6. 6 OOER institutional policy recommendations • That authors should ‘hallmark’ all their content with copyright statements and CC licences e.g. CC ‘by’ (attribution only) • Detail performance rights as separate to copyright • Consent everything-even where ownership and patient/ non-patient rights appear clear, and store consent with resource • Review institutional policies against good practice • UK HE enters a dialogue with publishers to increase the potential for re-using upstream copyrights • Have sophisticated ‘take-down’ policiesMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    7. 7. 7 Policies, disclaimers and risk • In order to safeguard yourself against litigation for copyright, performance or data protection (consent) violation – Have a policy/disclaimer – Clearly publish your policy and keep it up to date – Train your staff in the use of the policy – Follow your policy (do what you say you will do) • You may also want a disclaimer (use xxx at own risk) • Actively manage your risks • Take out or review liability insuranceMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    8. 8. 8 Good practice compliance table (managing risk) Good practice compliancefrom Explanation Risk of litigation table (managing risk) infringement of IPR/copyright Action or patient consent rights 3 Institutional policies are Low. Institution follows best practice Periodically test resources against clearly in place to enable and has effective take down policies to keep policies under resources to be compared to strategies. Institution able to legally review. Keep abreast of media the toolkits. pursue those infringing the stories. Limited liability insurance institution’s rights. required. 2 Compliance tested and Medium. Ownership of resources is Review those areas where policies are adequate in most likely to be clear. Good practice is developed is required, possibly in but not all aspects to allow followed in relation to patients. Take relation to e.g. staff not employed by the compliance of a resource down and other ‘complaint’ policies the institution e.g. emeritus or to be accurately estimated. A are in place and being followed. visiting or NHS. It may be that a small number of areas where partner organisation requires policies need to be further improvement to their policies. Some developed for complete liability insurance may be clarity. necessary. 1 Compliance tested but too Medium. It is unlikely that the Collate suite of examples of best few policies available or ownership and therefore licensing of practice and review against existing insufficiently specified to resources is clear. Resources institutional policies. Follow due allow the compliance of any theoretically owned by the institution process to amend and implement particular resource to good could be being ripped off. those which are relevant to the practice guidelines to be institution. Take out liability accurately estimated. insurance. 0 Compliance with the toolkits High/Unknown. Risk may be Establish a task force to test some unknown/untested. minimal if resource was developed resources against institutional based on best practice principles. policies; then follow 1-3 below. Take Compliance has been tested Institutional policy status out liability insurance. and materials failed to pass. (ownership, consent) is unknown.March 2012 cc:byby-nc-saOctober 2010 cc: ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    9. 9. 9March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    10. 10. 10March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    11. 11. 11March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    12. 12. 12 Consent as distinct from IPR • Defined by the principles in the Data Protection Act 1998 and Human Rights Act 1998 • Recognises the need for more sophisticated management of consent for recordings of people (stills, videos, audios, etc.) – Teachers (academics, clinicians, practice/work based learning tutors, etc.) – Students and ‘product placement’ (branded items) – Role players/actors/performers/hired help (including recording crew) – Patients/patient families/care workers/support staff/members of public in healthcare settings (sensitive personal data) – GMC guidelines for consent/patient audio visual recordings (2011)March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    13. 13. 13 Consent as distinct from IPR Susan Hallowell, Director, Research Lab, Transportation • “Consent Commons” Security Administration ©2009 – A human subject version of Creative Commons – Accepts a basic human right to refuse their image/voice appearing and, where they have previously consented, their right to withdraw their consent – Would work like Creative Commons in that you hallmark material with the consent status and when consent needs to be reviewed (if ever) – Has levels of release (e.g. Closed; ‘medic restrict’; review [date]; fully open) – Terms of the consent needs to be stored with/near the resourceMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    14. 14. 14March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    15. 15. 15March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    16. 16. 16 PublishOER • Will develop new ways of augmenting the open educational resources (OER) ‘pool’ with high quality published content by investigating new business models for embedding published works in OER. – Survey stakeholders in the context of academic publishing – Test models of working through a case study in veterinary medicine; – Explore the potential for mutually beneficial national licence agreements. • It will investigate alternative, flexible ways of raising income while augmenting existing resources with weblogs, reviews, comments and ratings from users, and ways of incorporating published works into OER, ensuring staff and students are operating within best practice, accrediting, attributing and paying (when necessary) for using commercially published material in sharable resources.March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    17. 17. 17©2010 Elsevier, Student Consultall rights reservedwww.studentconsult.comMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    18. 18. 18 http://www.studentco©2010 Elsevier, Student Consult,www.studentconsult.comall rights reservedMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    19. 19. 19March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    20. 20. 20March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    21. 21. 21March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    22. 22. 22 The future • FRRIICT case study: Assuring effective personal choice in a world of open data - identifying ethically collected recordings of people • JISC: Rapid Innovation Dynamic Learning Maps- Learning Registry (RIDLR) – Dynamic curriculum and personal learning maps enhanced with semantic matching techniques, drawing together terminology from both formal metadata and common language (aka ‘folksonomy’) and integrating with Learning Registry data to encourage personalised learning and teaching experiences. • JISC: SupOERGlue – Apply innovative approaches to address the challenges of OER creation with dynamic harvesting of OER for specific topics displayed within the context of DLMsMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    23. 23. 23 University copyright working group • Lecture recording (Panopto) being installed to replace Echo360 – over 5000 events recorded with over 4000 viewings per week (peaking at 16,000 prior to exams) • Overhauling all policies and processes relating to copyright, data protection, staff employment • Expert advice combined with key staff from across the University (learning from elsewhere) • Staff and student development (handouts, posters, workshops, use of the Risk-kit as part of the PG Cert Academic Practice and PG Cert Clinical Education) • Building-in long term potential to contribute to and benefit from OERMarch 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    24. 24. 24 Attribution and disclaimer • This file is made available under a Creative Commons attribution share alike licence. • To attribute author/s please include the phrase “©2012, Newcastle University, Megan Quentin-Baxter, March 2012, http://www.medev.ac.uk/ourwork/oer/” • Users are free to link to, reuse and remix this material under the terms of the licence. • Anyone with any concerns about the way in which any material appearing here has been linked to, used or remixed from elsewhere, please contact the author who will make reasonable endeavour to take down the original files within 10 working days.March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    25. 25. 25 Abstract (1) • Teaching in health and social care makes up about 20% of all higher education in the UK, with a considerable amount of education taking place in practice where the ratio of students to staff is low (a high number of practitioners are also educators). There is excellent collaboration among health and social care teachers, and strong motivation for sharing. However discovery of resources and understanding of the terms under which resources can be re-used remains challenging, with staff on academic or NHS contracts generally unclear about ownership and licensing. Also resources containing recordings of or reference to patients (their families, other healthcare workers, etc.) are considered sensitive and require well- planned consent. Finally health and social care resources often have embedded third party materials, such as images, quotations, etc., and risk-averse institutions are concerned about potential breaches of third party copyright.March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    26. 26. 26 Abstract (2) • The HEA MEDEV subject centre has worked with over 50% of medical, dental and veterinary schools in the UK to raise awareness of tools and information to support staff interested in sharing. The results include FAQs, links to useful tools, sample documents including draft policies, videoed presentations and reflections on practice, NHS and HE repository cross-searching, and discussions with publishers for agreements to embed third party published materials in OER. • There are many policy and technological issues left to solve, but significant progress has been made on raising confidence when teachers are considering using others materials and sharing their own.March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    27. 27. 27 References • British Clinical Recordings Task Force. (2012). Making and using clinical and healthcare recordings for learning and teaching http://www.jiscdigitalmedia.ac.uk/clinical-recordings/. • Creative Commons. (2012). Website licenses page http://creativecommons.org/licenses/. • Newcastle University. (2012). Dynamic Learning Maps https://learning-maps.ncl.ac.uk/. • Elsevier. (2012). Home page http://www.elsevier.com/ and Student Consult http://www.studentconsult.com/ • General Medical Council (GMC). (2011). Making and using visual and audio recordings of patients - guidance for doctors. General Medical Council: London http://www.gmc-uk.org/guidance/ethical_guidance/making_audiovisual.asp • Hardy, S., Williams, J., Quentin-Baxter, M. (2010). Proposing a ‘Consent Commons’ in open education – balancing the desire for openness with the rights of people to refuse or withdraw from participation. Open Ed 2010 (November) http://openedconference.org/2010/. • Hargreaves, I. (2011). Digital opportunity, a review of intellectual property and growth. Intellectual Property Office http://www.ipo.gov.uk/ipreview.htm. • International Association of Scientific, Technical & Medical Publishers (STM). (2012). STM permissions guidelines http://www.stm-assoc.org/permissions-guidelines/. • JISC. (2011). OER synthesis and evaluation project. Joint Information Systems Committee: London https://oersynth.pbworks.com/w/page/29595671/OER-Synthesis-and-Evaluation-Project • JISC Collections. (2010a). “CASPER Project”. Joint Information Systems Committee: London http://jisc-casper.org. • Joint Information Systems Committee (JISC) 2012. Open educational resources programme http://www.jisc.ac.uk/oer. • Jorum. (2012). Website home page http://www.jorum.ac.uk/. • MEDEV. (2012). Website our work page http://www.medev.ac.uk/ourwork/oer/oer_intro/. • OCW Consortium. (2012). Website home page http://www.ocwconsortium.org/. • University of Nottingham. (2012). Xpert attribution tool http://www.nottingham.ac.uk/xpert/advancedsearch.php. • Wikipedia. (2012). Website OER page http://en.wikipedia.org/wiki/Open_educational_resources. • Wikipedia. (2012). Website backscatter X-ray http://en.wikipedia.org/wiki/Backscatter_X-ray. All URLs accessed March 2012.March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
    28. 28. 28 Presenter profile • Megan is Director of the Higher Education Academy MEDEV subject centre until the end of March 2012 as part of the transition arrangements with the HEA. She is an active member of staff at Newcastle University, serving on Student Progress Committee, University ReCap Copyright Working Group and Faculty Regs and Approvals. She is involved in teaching and assessing particularly the MBBS programme. • Megan has led or co-led 4 major OER projects in the UK: – Organising Open Educational Resources (OOER), OER phase 1, a collaboration of 16 medical, dental and veterinary schools in the UK raising awareness and practice of OER – Pathways for Open Resource Sharing through Convergence in Healthcare Education (PORSCHE), OER phase 2, a collaboration with the London Deanery, and input from national and international colleagues, to increase collaboration and sharing between the NHS and academia, specifically the NHS eLearning Repository – Accredited Clinical Teaching Open Resources (ACTOR), OER phase 2 OMAC project with 5 partners leading on programmes in clinical education, aimed at raising awareness of open practice among clinical teachers working in the NHS – Investigating new business models for including published works in OER (PublishOER), OER phase 3 with two commercial partners Elsevier and Rightscom; JISC Collections and the Royal Veterinary College London. PublishOER aims to identify means by which third party published works can be routinely included in OER • She is a SCORE fellow, a Fellow of the HEA and the AoME, and works with both organisations on reward and recognition of teaching. • Megan has recently been elected onto ASMEs Educational Research Group (effective 1 April 2012), and is involved in organising national and international conferences and events, such as the 2nd International Conference on Faculty Development in Health Professions 2013, in collaboration with AMEE 2013.March 2012 cc:by ©2012 Newcastle University, Megan Quentin-Baxter www.medev.ac.uk
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