MEDICUS MARCH 2016

F E A T U R E

Changes to Registration Standards for Doctors

Mandy Anderson CEO and Managing Director MIGA

MIPS has observed an increase in the number of enquiries regarding telehealth. Practitioners who would like to clarify if their telehealth or intended telehealth would be covered by their insurer should check their Product Disclosure Statement Continued from page 36 Telehealth – am I covered? Y ou will be aware that the National Law requires that a doctor must not practise without professional indemnity insurance that meets the registration standard. A new registration standard for doctors came into effect on 1 January 2016 and some of the key changes to the standard that are important for doctors to understand are highlighted below: Applying for and renewing registration • Previously doctors were required to complete a declaration confirming they had, or would have, appropriate insurance for the scope of their practice. • The new standard notes that when applying for and renewing their registration, doctors must declare they have practised in accordance with the standard for the preceding registration period and will not practise unless they have professional indemnity insurance which meets the standard. Evidence of insurance • For doctors in private practice: o The prior standard required they retain relevant records and provide evidence of their insurance if requested by the Board. o The new standard requires doctors retain evidence of their insurance for five years. • Where doctors are covered by their employer or under contractual arrangements: o The prior standard required doctors retain evidence of cover where it was provided by their employer, but there was no requirement to seek it – the Board may have asked doctors to obtain it from their employer. o Under the new standard, doctors are not required to obtain evidence of cover unless requested by the Board, but must provide a certified certificate of currency or a letter declaring they are covered, if requested.

o MIGA recommends that doctors who are indemnified by their employer obtain written evidence of the cover or indemnity that applies to them to ensure they are comfortable with the cover and any limitations to cover that may apply. Retroactive cover • This covers claims that may be made against the doctor in the future in relation to incidents or circumstances that occurred during prior periods of practice (i.e. for something that occurred in the past). • There was no explicit reference in the prior standard to retroactive cover although it would arguably have been part of the general requirement to have appropriate cover. • The new standard for doctors in private practice is clear in that they must have appropriate retroactive cover in place for claims arising out of or as a consequence of activities in the course of practice prior to the commencement of cover. Ceasing practice • There were no explicit requirements in the prior standard for retiring practitioners, but cover was arguably required as part of holding run-off cover. • Under the new standard, doctors who cease practice must take out appropriate run-off cover for past practice in Australia for claims that may arise out of, or are a consequence of, activities that were undertaken when conducting practice. It is important that doctors understand there are potentially serious consequences for non-compliance with the new standard, which can include disciplinary proceedings. This could conceivably lead to adverse findings, conditions on registration, or a refusal to register or renew the registration. Doctors must ensure their medical indemnity insurance meets the new registration standard, particularly in relation to retroactive cover and run-off cover. ■

and insurance policy wording and if in any doubt, or to obtain confirmation, should email details of the proposed telehealth practice to their MDO. ■

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