Primary Care Pharmacy Technician Insurance
Cover under this level of insurance will provide Medical Malpractice cover
specifically for Pharmacy Technicians working in new areas and away from the
traditional pharmacy or hospital situation purpose and provides cover for
involvement in non-standard activities such as running of clinics, prescribing
analysis, formulary
development etc.
The 'new roles' carry with them a significantly higher level of risk,
particularly if the work is undertaken in a GP surgery, involves running a
clinic or involves supervising the work of others.
Cover is provided irrespective of the work activity as long as the activity
has been described in an appropriate written protocol.
As well as providing the specialist cover described, this policy takes as its
basic foundation the cover provided by the Locum policy. As such, any locum
work undertaken by a policyholder whether employed or self employed
irrespective of which sector of pharmacy is automatically covered under this
scheme (excluding the activities of an ACT).
Legal Defence Costs, Professional Indemnity (PI) & Public Liability (PL) Insurance
Professional Indemnity (P.I.) Insurance
(Limit £5,000,000, unless otherwise specified)
Cover under this section of the policy is provided on a CLAIMS MADE
basis. This means that the claim needs to have been made (i.e., the
insurers will have had to be notified in writing) during the Term of the
policy and that the incident will have had to have occurred after the
retroactive date (which is shown on your certificate of insurance).The
retroactive date is the date which you came to take out your policy for
the very first time and have not since had any breaks in policy cover.
- Retirement
-
Underwriters have agreed that cover will continue to be provided
indefinitely at no additional fee for any Pharmacy Technician that has
either retired or has permanently ceased to practice for any exposure
that results from work that they undertook whilst they were working.
- Temporary cessation of Practice
-
Additionally, the underwriters have agreed that cover will continue to
be provided at no additional fee for any Pharmacy Technician that has
temporarily ceased to practice for any exposure that results from work
that they undertook whilst they were working. Depending on the reasons
for such temporary cessation of work, such cover would continue to be
provided for;
Maternity leave – 12 months
Career break – 24 months
Study leave – 36 months
Temporary disablement – 12 months
These extended cover benefits would be provided as long as the PIA was
notified at the commencement of retirement or career break.
- Professional Indemnity
-
Cover under this part of the policy provides legal defence costs,
claimants expenses and compensation settlements as a result of any
claim made against a Pharmacy Technician resulting from an error or
omission which has been committed whilst at work as a Pharmacy
Technician where this has resulted in: – Bodily injury, mental injury,
illness, disease or death. This is called Medical Malpractice.
Examples of situations where Medical Malpractice can occur include: –
Errors or omissions in Prescription interpretation, Dosage or
strength, Dispensing / labelling / delivery, Dilution / formulation/
preparation, the running of clinics, advising patients and other
Healthcare professionals.
- Good Samaritan Acts
-
Cover is also extended to Good Samaritan Acts, e.g., offering First
Aid assistance at a motor accident or performing resuscitation on a
member of the public by virtue of being present either ‘by chance’ or
due to being requested to assist as a result of being a Healthcare
Professional.
- Libel and or Slander
-
Providing legal defence costs, claimants expenses and compensation
settlements for libel and/or slander as a result of a claim made
against a Pharmacy Technician resulting from words written or spoken
whilst working as a Pharmacy Technician.
- Breach of Confidentiality
-
Providing legal defence costs, claimants expenses and compensation
payments as a result of a claim made against a Pharmacy Technician
resulting from a breach of confidentiality whilst working as a
Pharmacy Technician.
- Public Liability
-
Providing legal defence costs, claimants expenses and compensation
payments as a result of a claim made against a Pharmacy Technician
resulting from physical injury caused to any person or damage to
property whilst working as a Pharmacy Technician.
- Providing consultancy services to GP practices, hospices or others.
-
In the case of the Business Consultancy policy only, cover is extended
beyond the traditional Medical Malpractice protection described above
to situations where an error or omission has been committed by an
insured Pharmacy Technician, which leads to financial loss to the
recipient of the service – this is known as Commercial Liability.
Examples might include a consultant advising a community pharmacy
client in matters relating to a major shop refit. The proprietor is
led to believe by the consultant that at a cost of refit X a
consequent increase of turnover Y will result. In the end, after the
completion of the refit the turnover actually drops and this is
because the consultant omitted to undertake proper market research
prior to making the recommendation. In this situation the proprietor
may seek compensation from the consultant involved.
- What are you actually covered for?
-
The modern Pharmacy Technician’s activities are very wide ranging and
it has become increasingly difficult to describe all the situations
in which a Pharmacy Technician will work. In this respect and subject
to you taking out a policy relevant to your practice, cover under the
P.I. section of the policy is extended to include any activity
performed which involves the Pharmacy Technician, so long as the
activity performed would ultimately be approved as an appropriate
activity by the regulator – the General Pharmaceutical Council
(GPhC). As a Pharmacy Technician covered under the P.I. section of
the policy, protection is provided against liability to pay sums or
compensation arising from any claim or claims made during the period
of the insurance. Cover under this section of the policy is extended
to the provision of Legal Defence Costs and any expenses resulting
from the investigation or settlement of claims.
- Response to Covid-19 virus
-
Professional Indemnity Insurance
The Public Health crisis caused by the Covid-19 virus has overwhelmed healthcare
systems all around the world. Professional Indemnity cover under this policy is
provided for pharmacy related activities, whether these are routine or connected
to Covid-19.
The one notable exception to Covid-19 activity is administering vaccinations which
is excluded from standard cover. However cover for administering Covid-19 Vaccinations
is available via the Covid-19 Vaccination extension.
Those pharmacy technicians involved in non-pharmacy related Covid-
19 activities will not be covered by this policy. Pharmacy technicians are advised
to check whether these non-pharmacy related Covid-19 activities are
covered under either the state backed indemnity scheme introduced in the Coronavirus
Act 2020 or an employer's indemnity scheme.
Legal Defence Costs Insurance
The Legal Defence Costs element of the
cover operates and provides protection for pharmacy technicians, whether the
incident that gives rise to a claim is connected to a routine pharmacy activity,
a pharmacy related Covid-19 activity or even a non pharmacy related Covid-19
activity.
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Legal Defence Costs Insurance
(Limit £500,000 unless otherwise specified)
Cover under this section of the policy is provided on a CLAIMS MADE
basis. This means that both the incident AND the claim (notifying the
insurers that legal action is pending) would have had to occur during
the term of the policy.
Any legal dispute can be difficult to resolve. Practical professional
advice is essential- taken in time it can often resolve the problem and
prevent it from needlessly going any further. If indeed a problem needs
to go to law, expensive legal costs will accrue, not only if the case is
lost, but often in successful cases too. In this respect, this section
of the policy provides for defence costs up to the monetary limits
agreed. A call to the 24-hour legal advice service (number on PIA card
enclosed) provides immediate expert advice on any legal matter, whether
it is connected with your occupation or not.
Should an incident occur regarding any matter covered, as described in
the Legal Defence Costs section of this booklet, you will be required
to give immediate notification in writing, your policy will provide for
the services of a solicitor if appropriate.
The insurance described in this section provides a broad spectrum of
cover. It is imperative that the insurers are notified of an event
occurring as soon as the circumstances of any potential claim become
known.
- Employment Protection
-
To assist in an Employment Tribunal, e.g., to claim compensation from an ex-
employer for unfair dismissal. Employment Tribunal protection is provided
for any relevant salaried positions taken during the year as long as long as
the dismissal occurs more than 60 days after the inception of the policy.
- Professional Tribunal Representation
-
At some stage during the career of a Pharmacy Technician it may become
necessary to face an enquiry which examines conduct or Fitness to Practice.
Protection is provided through legal representation at any inquest convened
to inquire into activities/ conduct as a Pharmacy Technician, e.g.,
Coroner’s Inquest, fatal accident inquiry, NHS Tribunal or a GPhC
disciplinary process etc.
- Criminal Prosecution Defence
-
Defence of any criminal prosecution arising from Pharmacy Technician
responsibilities e.g. criminal negligence manslaughter or Medicines Act
offences.
- Civil Prosecution Defence
-
Defence of any civil proceedings brought under legislation for unlawful
discrimination on the grounds of sex, race, disability, age, religious
belief or political opinion; defence of the serving of a Statutory Notice
under Health and Safety at work legislation or Section 13 of the Data
Protection Act in connection with the activities as a Pharmacy Technician.
- Personal Injury
-
Should a Pharmacy Technician sustain serious injury, whether at work or not
(such as a motor accident – unless they are the driver) it may be possible
to pursue damages on their behalf against the persons responsible. It may
thus be possible to win compensation for a variety of things, e.g.,
physical harm, any lasting effects, etc. Cover under this section of the
policy would enable solicitors through a Conditional Funding Arrangement to
take up such claims on behalf of a Pharmacy Technician.
- Contract Disputes
-
Pursuit of a dispute over a contract for the purchase of products or
services or for the hire of goods providing the amount in dispute is over
£250 in value.
- Jury Service
-
Providing up to £1000 of funding to an employed Pharmacy Technician if they
are called to serve on a jury and it is not recoverable from the Court or
their employer.
- Taxation Disputes Protection and General Advice
-
Defence of an Inland Revenue Full or Aspect Enquiry into the personal tax
affairs of a Pharmacy Technician arising out of salaried employment.
Providing legal costs and expenses, the accountant’s fee and any other
necessary costs where applicable. A taxation advice line is available.
Self-employed income investigation protection is available upon
separate application.
- 24-Hour legal and Taxation Advice
-
Lawyers and tax experts are standing by to give advice on any personal legal
or taxation problem.
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Exclusions
Known Claims and Circumstances
Matters that may result in a claim which where known about prior to taking out the cover.
Deliberate Acts, Fraud, Dishonesty and Collusion
To include:
- Deliberate or wilful misconduct.
- Racial harassment, inappropriate racially-motivated comments or any racial discrimination.
- Offences against the person including violence, abuse of position, coercion or controlling behaviour.
- Working while under the influence of intoxicants or narcotics.
- Any alleged dishonest or fraudulent act or omission.
- Any criminal act which is not a part of working activity
- Any collusion with someone else in the making of the Claim or Dispute.
Sexual harassment
To include sexual molestation,. inappropriate sexual behaviour including acts
relating to obscene material.
Ownership
Where a pharmacy technician owns, partly owns, is a director of a pharmacy, GP
practice, care home or other similar. Or where the owner is a spouse or other
immediate family member.
Administering Covid-19 vaccinations.
Administering Cocid-19 vaccinations is excluded, however, if in addition to main
employment, there is a requirement for cover for delivering Covid-19
vaccinations, such additional cover is available via a standalone extension. In
the event that Covid-19 vaccination cover is requested, certain aspects of the
vaccination service are not covered;
- The effects of the Covid-19 antigen or other vaccine components
- Any defect of the vaccine
- Any private and/or non-NHS work
- The failure of the antigen
- The patient contracting Covid-19 despite having received the vaccine.
Important
- 1. Job Changes
-
If your work changes and you feel that your original policy will no longer
provide you with the right level of protection then you will need to
notify the PIA office and you will be advised of the best procedure to
adopt. It may be necessary to upgrade your policy.
- 2. Limit Of Liability
-
The maximum amount payable in the event of any claim or multiple of
claims, including all costs and expenses, is £5,000,000 during the period
of the insurance. There is no excess payable unless special conditions
apply. Cover is provided for work performed in the UK only.
- 3. "New Role" Activity
-
Pharmacy Technicians involved in "New Role" work in a GP surgery or other
such venue, e.g., PACT analysis, formulary development, prescribing
analysis, the running of clinics or supervising such work done by others,
etc. will only be afforded cover by the more specialist "Primary Care
Specialist" scheme.