Professional Indemnity for Pharmacists FAQ

Professional Indemnity - Frequently Asked Questions

ARE PHARMACISTS AND ALL OTHER EMPLOYEES COVERED?

The ‘Insured’ includes all employees whilst acting within the scope of their duties for the Policyholder. You most likely have procedures in place whereby only Pharmacists dispense prescribed drugs. Perhaps you also have a Technician who is supervised by a pharmacist. Over the counter medication can be sold by staff who are approved to do so by you. This is what is meant by your employees acting ‘within the scope of their duties’.

Your policy also extends to cover claims against the pharmacy for dishonest, fraudulent, criminal or malicious acts by employees. This cover is given under the Errors and Omissions section.

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IS BREACH OF CONFIDENTIALITY COVERED?

Yes. This policy is specifically extended to include any claim against the pharmacy for an unintentional breach of confidentiality. This also includes your liability for the claimant's costs and expenses as well as your own legal costs to defend that action.

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WHAT ABOUT EXTEMPORANEOUS DISPENSING - IS THAT COVERED?

Extemporaneous dispensing is the process of compounding ingredients to prepare an unlicensed medicine for an individual patient in accordance with a prescription. It may need to be carried out where no licensed product is available or where the formulation of the licensed product is not suitable.

This activity is covered under our Professional Indemnity Policy - Section 2. Section 2 relates to Errors and Omissions and covers against mistakes being made in the formulation of the medication.

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ARE UNLICENSED MEDICATIONS (ULMs) COVERED?

Yes – unlicensed medications and devices are covered.

Quite a few older products are not having their license renewed but are available from overseas markets; you are covered to dispense these drugs.

Another scenario that we are often asked about is whether you can supply an unlicensed version of a drug that is in short supply here in Ireland. For instance, at the time of writing (June 2020) Prozac and its licensed Irish Generics are in short supply. The HSE has approved payment for an unlicensed version. You are covered to supply this unlicensed version.

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WHY DOES MY PRODUCT'S LIABILITY COVER, ON MY SHOP POLICY, EXCLUDE UNLICENSED MEDICATIONS AND DEVICES?

Because the Unlicensed Medications and Devices are covered under Section 2 of your professional Indemnity policy – Errors and Omissions.

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SO, WHAT COVER IS ACTUALLY PROVIDED UNDER THE PRODUCT LIABILITY SECTION OF MY SHOP POLICY? WHY IS IT THERE?

This section covers you against claims made by somebody who is injured or has their property damaged by a product that is sold by your Pharmacy. Claims may be referred back to the manufacturer but this section will take care of that for you - as well as all the associated legal costs. Cover under this section includes your defence costs as well as compensation for the injured party.

Sometimes the manufacturer cannot be traced – more common for products manufactured outside the European Union which means that the pharmacy would be liable.

If you, the pharmacy has repackaged or rebranded the product, or stored the product incorrectly, then you are covered under this section of the policy.

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WHO IS THE INSURER?

This insurance is provided by Lloyd’s Insurance Company S.A, which is a Belgian limited liability company (société anonyme / naamloze vennootschap) with its registered office at Bastion Tower, Marsveldplein 5, 1050 Brussels, Belgium and registered with Banque-Carrefour des Entreprises / Kruispuntbank van Ondernemingen under number 682.594.839 RLE (Brussels). Lloyd’s Insurance Company S.A. is an insurance company subject to the supervision of the National Bank of Belgium.

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PROFESSIONAL INDEMNITY INSURANCEFOR PHARMACISTS

Professional Indemnity - Frequently Asked Questions

ARE PHARMACISTS AND ALL OTHER EMPLOYEES COVERED?

IS BREACH OF CONFIDENTIALITY COVERED?

WHAT ABOUT EXTEMPORANEOUS DISPENSING - IS THAT COVERED?

ARE UNLICENSED MEDICATIONS (ULMs) COVERED?

WHY DOES MY PRODUCT'S LIABILITY COVER, ON MY SHOP POLICY, EXCLUDE UNLICENSED MEDICATIONS AND DEVICES?

SO, WHAT COVER IS ACTUALLY PROVIDED UNDER THE PRODUCT LIABILITY SECTION OF MY SHOP POLICY? WHY IS IT THERE?

WHO IS THE INSURER?

OUR PHARMACY INSURANCE SPECIALISTS

O'CALLAGHAN INSURANCES

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