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Response to misinformation about PDA cover

Recently an individual posted a comment on social media in which they wrongly alleged that a pharmacist operating as a limited company would not be covered by the PDA if they make an error.

Tue 27th February 2024 The PDA

The person posting about cover cited an exclusion under clause 6.9 of the insurance policy which states.

“We shall not be liable to indemnify you in respect of any Claim, Dispute or Circumstance arising from any liability incurred by any person in their capacity as a director or officer of any company or other entity or as a designated member of a limited liability partnership or any trust that is not associated with the practice of your activities.”

The PDA recognises that many pharmacists have portfolio careers that sometimes span non pharmacy and even entirely non healthcare related activities. Therefore, the above clause is intended to exclude those pharmacists who might be owners or officers/directors of companies whose business has nothing to do with their individual pharmacy practice or services provided to patients. In these cases, they face potential liability from their non pharmacy business activities.

This exclusion clause is designed to exclude such claims as otherwise the wider PDA membership of pharmacists involved in pharmacy activities could end up having to subsidise claims made against pharmacists working on matters not associated with pharmacy practice. In such a scenario the PDA’s focus on the interests of pharmacy practitioners could also end up being diluted and this would not be in the interests of the wider PDA membership.

We can confirm that any pharmacist acting in the capacity of an individual self-employed pharmacist practitioner who may have set themselves up as a limited company to undertake their pharmacy locum work would be fully covered by PDA membership. Many thousands of locums work in this way and have always enjoyed the protection of PDA membership if an error has occurred.

 

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The Pharmacists' Defence Association is a company limited by guarantee. Registered in England; Company No 4746656.

The Pharmacists' Defence Association is an appointed representative in respect of insurance mediation activities only of
The Pharmacy Insurance Agency Limited which is registered in England and Wales under company number 2591975
and is authorised and regulated by the Financial Conduct Authority (Register No 307063)

The PDA Union is recognised by the Certification Officer as an independent trade union.

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