What is the PDA position on Professional Indemnity and Legal Defence Costs insurance for pharmacists working during the COVID-19 crisis?
The PDA has acted to protect member interests through discussions with underwriters and to seek extensions to the indemnity protection provided under the various PDA member schemes.
Professional Indemnity – For pharmacy-related COVID-19 work
A choice of £5m or £10million of indemnity protection is automatically provided for routine pharmacy work and for any COVID-19 related pharmacy work. This cover has also been extended to pharmacy-related situations where pharmacists, during the COVID crisis have decided to put the interests and the care of patients first. Having undertaken a professional decision-making process, they may be involved in pharmacy-related activities that are beyond the normal scope of their work. This may include pharmacy-related activities that are outside of the strictures of the law or the professional regulations. Examples might include supplying medicines where there is no prescription, or where additional risk is being taken by an IP through extending the scope of prescribing.
For non-pharmacy related COVID-19 work
Professional Indemnity for non-pharmacy related COVID-19 work is not covered by the PDA’s indemnity scheme, however, work that is not covered by the PDA’s indemnity scheme is indemnified by a UK wide state-backed scheme operated by the NHS as proscribed in the Coronavirus Act 2020.
Legal Defence Costs Insurance – Provided for both pharmacy-related and non-pharmacy related COVID-19 work
The usual £500,000 limit of Legal Defence Costs insurance is provided whether for routine or COVID-19 related pharmacy work as well as for non-pharmacy related COVID-19 work. This includes situations where the activities are undertaken as part of a professional decision-making process which puts the patient first and which sees the pharmacist acting outside the strictures of the law or the professional regulations.
This means that pharmacists can continue to rely on the PDA’s professional indemnity scheme for pharmacy-related compensation issues, the state-backed indemnity scheme for non-pharmacy related issues and the full support of the PDA’s Legal Defence Costs insurance across all areas to include representation in the event of any inquests, threatened regulatory sanctions, employer disciplinary or criminal prosecutions. The UK wide state-backed scheme operated by the NHS as proscribed in the Coronavirus Act 2020 provides compensation payments to patients in the event of a claim that is not covered by the PDA, it is not designed to protect the reputation of practitioners and does not provide Legal Defence Costs protection for these situations.
A full list of FAQs relating to the COVID-19 crisis can be found here: www.the-pda.org/coronavirus/faqs