Correct as of January 2012
As the Royal College of Nursing (RCN) has announced the changes to its indemnity scheme we have been experiencing an increase in calls from GPs and Practice Managers querying what this means for the nurses who work in their practice. We have thought it would be helpful to detail our answers to some of the most commonly asked questions.
What are the changes?
In future the costs of any clinical negligence claim will become the responsibility of their employer (or their indemnifier) and not the RCN
From January 2012 the RCN has made changes to its indemnity scheme which will affect its members who are employed in general practice. For employed nurses, the RCN has removed the indemnity element of their benefits of membership, and in future the costs of any clinical negligence claim will become the responsibility of their employer (or their indemnifier) and not the RCN.
Who will be affected by this?
These changes apply to all nurses employed in general practice.
Why has the RCN taken this action and what is the MPS response?
The RCN’s actions are based on their view that indemnity for GP practice nurses should always be provided through their employer’s indemnity arrangements, under the principle of vicarious liability.
Vicarious liability is an important legal principle for practices. It is the liability an employing GP may have for the acts and omissions of an employee or other individual for whose conduct they are legally responsible.
MPS acknowledges this principle, but in making its decision on how to provide assistance, has taken into account that roles in GP practices are changing and at a varying rate. In some practices nurses are taking on extended roles, with significant increases in their responsibilities, whereas in other practices nurses continue to focus on the more traditional elements of nursing. This means that the risks associated with providing assistance to nurses will vary between practices. In order to be fair to all members some general principles will be applied when Council take decisions about assisting members.
The risks associated with providing assistance to nurses will vary between practices
It is likely that a GP would be granted assistance with requests related to claims of negligence against any of their employed nurses working at a basic level.
However, it is unlikely that GP members would be granted assistance from MPS for claims against nurses working in extended roles. For this reason practices are strongly advised to ensure that separate indemnity arrangements for these nurses are in place.
How does MPS distinguish between a nurse undertaking basic duties and one working in an extended role?
As explained above, we feel it is important to distinguish between the responsibilities, and therefore the risk, of a traditional nurse, undertaking basic duties such as new patient checks, blood taking and repeat spirometries, and nurses working in extended roles who are responsible for autonomous clinical decision-making and undertake tasks such as prescribing, running acute clinics and minor surgery.
Any nurses who have specific questions about the scope of their practice in relation to MPS membership should contact the Membership Helpline on 0845 718 7187. Calls to Membership Services may be recorded for monitoring and training purposes.
What does this mean for GPs and their practices?
GP partners who are members of MPS should ensure that nurses they employ to work in extended roles have access to their own indemnity arrangements.
This could be through membership of MPS, either as an individual member, or as part of the MPS Practice Xtra.
What does this mean for nurses?
Nurses who currently have membership of MPS, either individually or on a complimentary basis through the MPS GP Practice Reward Packages need take no further action
Nurses who currently have membership of MPS, either individually or on a complimentary basis through the MPS GP Practice Xtra packages need take no further action as their MPS membership will entitle them to seek assistance from MPS with any claims for clinical negligence that might be made against them.
Nurses working in extended roles, who have previously relied on their RCN membership for indemnity, should ensure they have new indemnity arrangements in place. MPS can provide this, either on an individual basis, or through the MPS GP Practice Xtra package.
If the nurses are MPS members do they still need to keep their RCN membership?
We strongly advise that nurses do still keep their RCN or other trade union membership. Amongst other professional benefits, members of the RCN will still be entitled to:
- personal protection whenever they experience employment difficulties
- advice and representation before the Nursing and Midwifery Council (NMC).
More information available
For further information about nurse membership call the Membership helpline on 0845 718 7187.
If you would like further information about nurse membership through the MPS Practice Xtra please call our Practice Xtra team on 0845 456 7767 or see the MPS associate task list. Our friendly and knowledgeable advisers will be able to answer your questions, discuss the appropriate subscription rate for nurses and explain how to apply. Calls to Membership Services may be recorded for monitoring and training purposes.