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Hi All
I spoke to them about this last year and after being speaking to several RCN advisors they told me I was only covered if I did not engage with any non RCN members. This is obviously a problem when we refer to others such as OHP etc. Have a look at the email below: (yes I am sad and keep all my emails).
Hope it helps!
Liz
Where a member is working in a self employed capacity, whether trading as a sole proprietor or behind a limited company, and does not employ other health care staff, the member will be covered by the scheme.
Where a member is working in a self employed capacity, whether as a sole proprietor or behind a limited company and employs (under a contract of employment) another health care worker or engages with an independent contractor and they are not members of the RCN, the member will be excluded from the scheme.
If, however, in addition to working in their business, a member undertakes work outside of the business, such as on the bank or through an agency, then he/she remains covered by the scheme.
NOTE
Member must still meet the RCN indemnity insurance criteria of:
Ensuring that they have undertaken a period of training that ensures they are fully competent to practise.
That they follow the principles of the NMC Code of Professional conduct: standards for conduct, performance and ethics.
Ensure that they work within current policies and protocols.
That they are in a category of membership that provides indemnity cover.
How does the legal department explain the rationale behind 'engages'?
where a self-employed member either employs or 'engages' with another health care worker to deliver a service, and the latter is not an RCN member, the scheme does not apply to the self-employed member.
The only way round this particular problem is for the medic to contract personally with the member's client to deliver the medic's training.
The rationale is as follows: if the self-employed member contracts with the client in the member's (her company) name, then in the event of a negligence claim arising from staff supplied by the member (i.e. the medic), it is likely that the client will sue the member. After all, it is the member with whom the client has the contract.
The client isn't generally concerned about the employment relationship between the member and the medic. Although the member can in those circumstances seek an indemnity from the medic, through the latter's own insurers, legal costs will be incurred in the process.
The RCN takes the view that whilst it will cover members, it is not appropriate to cover costs the self-employed member may incur in seeking indemnities from staff employed or engaged by the member.
After all, the indemnity scheme is a benefit for the individual member.
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Wendy Stimson
Sent: 22 June 2011 20:54
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Insurance/indemnity cover
Hi
Pippa you are correct, I had it confirmed in writing by the RCN to be sure.
Jane I can dig it out probably?
Wendy
Wendy
Sent from my iPod
On 22 Jun 2011, at 17:37, Pippa Stanford <[log in to unmask]> wrote: