Friday, 12 July 2013

HCPC professional indemnity cover and registration

EU directive 2011/24/EU sets about member states being responsible for high quality care and as a result each state must have a mechanism to ensure that patients are protected from the event of harm.  In the UK this will mean that all healthcare professionals will have Professional Indemnity Insurance in place by Friday 25th October 2013.   Cover via an employer's indemnity arrangements is sufficient to meet requirement.   NHS employees should be covered under the clinical negligence scheme (CNS).  Sub contracted companies should hold sufficient arrangements.  Likewise, individuals who practice independently must hold cover.  The regulated professional must ensure that their indemnity arrangements in place are appropriate for the nature of their work that they undertake.   Voluntary work and Good Samaritan acts are not covered by employer insurance.   Healthcare professionals do not need reciprocal individual insurance. Vicarious liability is sufficient under this indemnity arrangement. 

In situations were persons are seen to be working outside their perceived scope of practice, it is difficult to avoid vicarious liability unless practitioner steps outside scope in areas of clear cut situations where policies are in place. 

Consultation on HCPC guidance for registrants launched on 10th June and closes on 2 August 2013 and can be found on the HCPC website.   http://www.hpc-uk.org/aboutus/consultations/index.asp?id=158 Guidance will then be published in September and sets out the responsibilities of a registrant, information about professional indemnity cover, how registrants can meet the requirement and how the HCPC will check that the cover is in place.  The requirement will be introduced in October 2013 and will be of a self-declaration upon renewal.  The HCPC will start checking cover is in place from 1 April 2014.  Failure to ensure appropriate cover is in place may mean administrative removal from the registrar or referral to fitness to practice.  

If you use insurance provided through your BAPO membership, it is still up to the individual registrant to provide the HCPC with details of indemnity insurance.  If you require Policy details, please contact the Secretariat. High-risk practice such as private work with sports persons or models will bring about increased risk and must be disclosed as an area of work.  All disclosures must be disclosed to insurers.  Area of practice is important when considering insurance and not scope of practice. 

 

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