This is the registration standard set out the Medical Board of Australia for Professional Indemnity Insurance (PII) arrangements for medical practitioners. It is is essential that you as a healthcare professional understand and comply with these standards.
This standard applies to all registered health professionals except those with ‘non-practising registration’ or students.
What must you do?
When you practise as a medical practitioner, you must ensure that you are insured or indemnified for every context in which you practise. This applies to all practice contexts, including private and public practice, self employed practitioners, those employed or contracted by others or working in an unpaid or volunteer capacity.
To meet this registration standard, you must fulfil the requirements set out in one of the
If you are specifically precluded from cover for any aspect of practice under your
insurance or indemnity arrangements, you must not practise in that area.
The following is a guide to the usual nature of Professional Indemnity Insurance (PII) arrangements for particular practice contexts.
- Insurance while practising in Australia, with an insurer registered with the Australian Prudential Regulation Authority and who meets the minimum product standards that apply to all medical indemnity insurers as defined in the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 (Cth). The Professional Indemnity Insurance cover must include appropriate retroactive cover for otherwise uncovered matters arising from prior practice undertaken in Australia.
- Medical practitioners who are employed in the public sector or who work in the public sector under a contractual arrangement may have cover under a master policy, an employer’s indemnity arrangements, or be covered by legislation.
- Medical practitioners who are employees or have a contractual arrangement with a non-government employer may be covered by third party insurance arranged by the employer.
Are there exemptions to this standard?
The following registered medical practitioners are exempt from requiring Professional Indemnity Insurance PII:
• Where the scope of medical practice of an individual medical practitioner does not include the
provision of health care or medical opinion in respect of the physical or
mental health of any person.
• Where a medical practitioner has statutory exemption from liability. That is, they are employed
as a medical practitioner or are in another arrangement and are exempted from
liability under state or commonwealth legislation
• Medical practitioners who are registered in Australia but are practising exclusively
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This publication is general in nature and is not comprehensive or constitute legal or medical advice. You should seek legal, medical or other professional advice before relying on any content, and practice proper clinical decision making with regard to individual circumstances. Persons implementing any recommendations contained in this publication must exercise their own independent skill or judgment or seek appropriate professional advice relevant to their own particular practice. Compliance with any recommendations will not in any way guarantee discharge of the duty of care owed to patients and others coming into contact with the health professional or practice. Tego Insurance Pty Ltd is not responsible to you or anyone else for any loss suffered in connection with the use of this information.
Eric is the CEO of Tego, an insurance agency offering specialist indemnity insurance solutions for the healthcare and life sciences sectors. His qualifications include a bachelor’s degree in business and law, a master’s degree from UNSW in law and management and an MBA from the AGSM.