Medical Council (Evidence of Indemnity) Rules 2018

JurisdictionIreland
CitationIR SI 222/2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th June, 2018.

The Medical Council, in exercise of the powers conferred on it by section 11 (as amended by section 3 of the Medical Practitioners (Amendment) Act 2017 (No. 10 of 2017)) of the Medical Practitioners Act 2007 (No. 20 of 2007), hereby makes the following rules:-

Citation

1. These Rules may be cited as the Medical Council (Evidence of Indemnity) Rules 2018.

Commencement

2. These Rules come into operation on 18th May 2018.

Definitions

3. In these Rules—

“2017 Act” means the Medical Practitioners (Amendment) Act 2017 (No. 10 of 2017);

“Principal Act” means the Medical Practitioners Act 2007 (No. 25 of 2007).

Evidence to be submitted in relation to indemnity

4. The evidence to be submitted to the Council by a medical practitioner in relation to his or her level of indemnity under section 45(1A) (as inserted by section 7 of the 2017 Act) of the Principal Act, is—

(a) in the case of a medical practitioner applying for first registration or restoration to the register, a completed and signed declaration in the form set out Schedule 1 or, where the Council provides for internet application, an equivalent online form,

(b) in the case of a registered medical practitioner applying for renewal of registration, a completed and signed declaration in the form set out in Schedule 2 or, where the Council provides for internet application, an equivalent online form, or

(c) in the case of a medical practitioner providing services in the State on a temporary and occasional basis pursuant to Part 4 of the Regulations of 2017, a completed and signed declaration in the form set out in Schedule 3 or, where the Council provides for internet application, an equivalent online form,

and includes any certificate required to be enclosed with such form.

Content of certificate

5. Where a medical practitioner is required to enclose with any of the forms referred to in Rule 4 a certificate from his or her insurer, broker or indemnity provider as evidence of his or her insurance or indemnity, such certificate shall be in the English language and shall state, in particular—

(a) the name of the policyholder or person indemnified,

(b) the period of cover of the insurance policy or indemnity,

(c) the area(s) of practice covered by the policy or indemnity, as described in the notice published by the National Treasury Management Agency pursuant to section 8A of the National Treasury Management Agency (Amendment) Act 2000 (as inserted by section 10 of the 2017 Act), and

(d) the level of indemnity provided.

Timing of submission of evidence

6. The evidence referred to in Rule 4 shall be submitted to the Council as follows:

(a) in the case of an application by a medical practitioner for first registration or restoration to the register, the declaration and any accompanying certificate shall be submitted at the time of the application;

(b) in the case of an application by a registered medical practitioner for renewal of registration—

(i) the declaration shall be submitted at the time of the application, and

(ii) any accompanying certificate shall be submitted to the Council not later than 14 days after the date of issue of the registration certificate renewing or restoring the registration; or

(c) in the case of a medical practitioner providing services in the State on a temporary and occasional basis pursuant to Part 4 of the Regulations of 2017, the declaration and any accompanying certificate shall be submitted with the declaration required to be made under Regulation 13(1) of those Regulations and any renewal of that declaration under Regulation 13(2) of those Regulations.

Evidence to be displayed at principal place of practise

7. The evidence to be displayed by a medical practitioner, under section 43(7A) (as inserted by section 6 of the 2017 Act) of the Principal Act, of the minimum level of indemnity (if any) applicable to him or her at the principal place where the practitioner practises medicine is the certificate referred to in Rule 5.

Manner of display of evidence

8. The evidence referred to in Rule 7 shall, if practicable, be displayed on white paper or white cardboard in a prominent position at the principal place where the practitioner practises medicine such that it is readily visible to a person each time that person is treated by the medical practitioner.

Rule 4(a)

SCHEDULE 1

Professional Indemnity Declaration Form (First Registration or Restoration)

Full Name:

(block capital letters)

Registration number:

Section 1

Professional Indemnity Requirements

1. The Medical Council is obliged to ensure that registered medical practitioners who fall into certain classes have minimum levels of indemnity in place.

2. The Medical Council cannot register/restore an applicant unless it is satisfied that the applicant—

a. has put in place the minimum level of indemnity, or

b. does not fall into any of the classes to which minimum levels of indemnity apply.

3. The National Treasury Management Agency (NTMA) have published various lists of hospitals and healthcare facilities as well as the minimum levels of indemnity that apply to certain classes of medical practitioners. References to “Lists” below are to the NTMA Lists, as amended from time to time.

4. In order for the Medical Council to consider your application for registration/restoration you must respond to the following questions in relation to the issue of professional indemnity.

Section 2

Professional Indemnity Statements

Please tick the box next to the statement which applies to you:

(Your practice arrangement may require you to tick more than one box).

1. If registered/restored, you will be engaged, in whole or in part (including on a locum basis), in the practice of medicine in a hospital and/or healthcare facility that is listed by the NTMA in List 1.

2. If registered/restored, you will be engaged, in whole or in part (including on a locum basis), in the practice of medicine as a consultant in a hospital and/or healthcare facility that is listed by the NTMA in List 2..

If this applies to you, you must PROVIDE EVIDENCE with this form of the relevant minimum level of indemnity by way of certificate from your insurer/broker or indemnity provider..

3. If registered/restored, you will be engaged, in whole or in part (including on a locum basis), in the practice of medicine in a non-consultant position, in a hospital and/or healthcare facility that is listed by the NTMA in List 2..

4. If registered/restored, you will be engaged, in whole or in part (including on a locum basis), in the practice of medicine at a facility that is not listed by the NTMA in either List 1 or 2.

If this applies to you, you must PROVIDE EVIDENCE with this form of the relevant level of indemnity by way of certificate from your insurer/broker or indemnity provider..

5. If registered/restored, you will be engaged, in whole or in part (including on a locum basis), in the practice of medicine in a general practice setting that is not listed by the NTMA in either List 1 or 2.

If this applies to you, you must PROVIDE EVIDENCE with this form of the relevant level of indemnity by way of certificate from your insurer/broker or indemnity provider..

6. If registered/restored, you will not immediately be engaged in the practise of medicine under a contract of employment, contract for services or any other arrangement...

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