Today’s question about professional indemnity insurance (‘PII’) is from a nurse and volunteer first aider.  They say:

… it’s a condition of registration with the Nursing and Midwifery Board of Australia that we are required to maintain professional indemnity insurance. I have recently started volunteering as an RN for a volunteer first aid service provider. Am I required to notify my insurer of my volunteering or is it implied that as long as I don’t exceed my scope of practice (or regular duties as a nurse) that I would be covered?

That’s really a matter for the insurer.  The Nursing and Midwifery Board Registration Standard: Professional Indemnity Insurance Arrangements (1 June 2016) says

1.         When you practise as a nurse and/or a midwife, you must be covered by either your own or third party PII arrangements that meet this standard:

a.             for all aspects of your practice

b.             that cover for all locations where you practise

c.              that provide cover for you whether you are working in the private sector, non-government sector and/or public sector, and

d.             that provide cover for you whether you are practising full-time, part-time, self-employed, employed, or in an unpaid or volunteer capacity, or any combination of these factors.

You can have your own PII or be covered by your employer, or if you volunteer, by the organisations PII insurance provided it meets the requirements, above.  As the standard says (emphasis added):

3.             If you are covered by a third party PII arrangement, it must meet this standard. If you are in any doubt about whether the third party cover meets this standard, you should always ask what is covered by the third party PII arrangement.

If the third party cover does not meet this standard you must take out additional cover to ensure this standard is met.

4.             …

5.             If your PII arrangements are provided by your employer, and you intend to practise outside your stated employment, you must have individual PII arrangements in place to cover that practice. This may include cover for undertaking:

− practical components of continuing professional development

− study involving patient treatment, or

− volunteer work (unless already separately covered in that capacity, for example, by the volunteering organisation).

Conclusion

Whether you have to tell your insurer about your volunteering depends on the terms of the cover provided by that insurer.  If you are paying your own insurance check the terms of the policy.  If you are normally covered only by your employer’s insurance it probably won’t extend to volunteer work with another organisation, so ask the organisation for which you volunteer whether they offer PII that meets this Registration standard.

This blog is proudly supported by (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), the Australian Paramedics Association (Qld), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of these organisations.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.