Journal Of Paramedic Practice - HCPC renewal for paramedics and the importance of having appropriate indemnity insurance

Abstract

As of 1 April 2015, the Health and Care Professions Council renewal process has required registrants to confirm that they have a professional indemnity arrangement in place if they are a practising paramedic. Martin Berry, executive officer, College of Paramedics, considers the implication this change in legislation has on staff and outlines the new medial malpractice and public liability insurance policy that is to be offered to all full members of the College.

The 1 June 2015 marked the start of the biennial event that affects every paramedic across the United Kingdom: the Health and Care Professions Council (HCPC) renewal process. This is something that for many paramedics causes a certain degree of anticipation and trepidation, and inevitably begs the question: ‘shall I get one envelope through the letterbox or two?’ We have all been part of the work-based discussion of who is within the 5% threshold and who has been picked for audit. While this is enough for any well-mannered and best-intentioned paramedic to be getting on with, this year there is something else to occupy our minds. From 1 April 2015, and for the first time, all registrants of the HCPC (excluding social workers) will be asked to confirm that:

‘You have a professional indemnity arrangement in place which provides appropriate cover; or

‘If you are not practising at that time, you understand the requirement and will have an arrangement in place when you begin to practice’(HCPC, 2015).

The reason that this has come about is because in 2014, amendments were made to the Medical Act 1983 (c. 54) stipulating that all registrants (excluding social workers) must have a professional indemnity arrangement in place. The purpose of the Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (SI 2014/1887) was to ensure that if any service user were brought to harm through the negligence of a registrant, they would have a method to recover compensation that they may be entitled to. This change in legislation symbolises a significant shift in our obligations as healthcare professionals and how we view our duties towards our patients.

The HCPC make it very clear that you are personally responsible for meeting their standards for registration and therefore we are now as a result responsible for ensuring that we have an appropriate indemnity arrangement in place. This unavoidably offers up the question, what is appropriate? Ultimately, it is up to the registrant to decide what is appropriate cover for them, taking into account the nature and extent of the risk involved within your scope of practice. There is, however, information and support out there to aid you in navigating this daunting maze of insurance terminology, policy and legislation.

Most paramedics in the UK will have some sort of medical professional liability and public liability insurance through their employer. If registrants are working within their scope of employment, their employer should have appropriate indemnity arrangements in place to cover both themselves and their employees. This is true of both employment through the NHS and the private sector. While all NHS employers, such as ambulance service Trusts, are ‘vicariously liable’ for the actions of their employees and any claims arising from their wrong-doing while working within their scope of employment and while at their place of work, it is strongly advised that you check with your employer that such indemnity is current for the work undertaken. This is especially true within the private sector, where the level of governance may not be as robust as within the NHS.

Consideration should be given to situations where extra cover may be required. For example:

When working outside the scope of your employment

When acting as a ‘Good Samaritan’

While undertaking voluntary work

While working outside the work of paramedic practice.

The College of Paramedics strongly believe that paramedics should be supported in all aspects of their practice. This is why the College undertook the task of arranging a policy to supplement and work alongside any indemnity arrangements that are in place through your main source of employment. The new policy arranged by the College of Paramedics is due to start in June 2015 (date to be confirmed) and will provide ‘Full’ members with medical malpractice and public liability insurance as a membership benefit and will include:

Medical malpractice with public liability insurance underwritten at Lloyds

Limit of £5 million per claim (with an annual total of £15 million shared by all College members for all claims made under the policy in any 12-month period of insurance)

All private work included within the individual scope of practice, subject to annual earnings not exceeding £5 000 per annum

Good Samaritan acts and voluntary work

Teaching within the members' individual scope of practice (including paramedic science and first aid)

Optional policies for members requiring more individual cover or their own limits of indemnity.

Access to the cover will be available to all ‘Full’ members as standard with Full membership of the College of Paramedics costing only £7.90 per month. More information and full details of the policy terms and conditions are available via: www.collegeofparamedics.co.uk/insurance. Also, further information regarding the HCPC renewal process can be accessed via: www.hcpc-uk.org/registrants/indemnity.

Other providers are available and we would recommend seeking expert insurance and legal advice should you require further independent advice, or contact the College Insurance Brokers on enquiry@graybrook.co.uk or via their website: www.graybrook.co.uk/paramedics.