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FCS Advice on the HCPC Professional Indemnity requirement

06/07/2015 10:59:29

In 2013 the Department of Health consulted on new regulations, the "Health Care and Associated Professions (Indemnity Arrangements) Order 2014" which introduced the requirement for health professionals to assure that appropriate indemnity cover is in place as a condition of professional registration. DH published its response to the consultation in May 2014.

This has now been enacted by the HCPC in the form of a requirement to confirm indemnity or insurance cover is in place appropriate to the work you are doing. This is done at each round of re-registration for each profession in turn.

The DH response document emphasises:
"The vast majority of regulated healthcare professionals are in receipt of cover by virtue of their employer's vicarious liability or via a professional body which offers an indemnity arrangement as a benefit of membership."

ACB/FCS members working for an employer, either NHS or non-NHS, are covered by their employer's vicarious liability. If however you work as a private consultant earning fees separately from your trust employment you will need to make your own arrangements. A number of medical indemnity organisations offer subscriptions for clinical scientists. Without a very significant increase in subscriptions the ACB cannot provide this itself for the level of cover that clinical scientists would need.

The employer's vicarious liability in general meets the HCPC requirement. It is however worth noting that the medical indemnity organisations may defend a case where a member's reputation is at risk, whereas the NHS might settle out of court to reduce the costs of defending a case, but at the possible expense of the employee's reputation."

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