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Obligations on Healthcare Professionals Providing Cross Border Care

New regulations have been signed by the Minister for Health relating to professional liability insurance for healthcare professionals.

The regulations specify that a healthcare professional providing cross-border healthcare must have professional liability insurance, or a guarantee or similar arrangement appropriate to the nature and the extent of the risk for treatment provided in the State.

It is important to note that these regulations place obligations only on healthcare professionals who are providing cross-border healthcare under the Cross-Border Healthcare Directive to have professional liability insurance.  For example, treatments provided to European citizens under the European Health Insurance Card do not fall under the Cross-Border Healthcare Directive.  It is also important to note that health professionals employed in the public health service are already covered for insurance purposes by the State’s Clinical Indemnity Scheme.

These arrangements came into force on 31st March 2015.

The Department of Health will also be placing advertisements in national newspapers to ensure that all relevant professionals are made aware of their obligations.

Further information, together with the relevant regulations and the Cross-Border Healthcare Directive can be found at the HSE’s website, http://www.hse.ie/crossborderdirective

This is in line with the Council’s Guide to Professional Conduct and Ethics for Registered Medical Practitioners, which states that:

“You must ensure that you have adequate professional indemnity cover for all healthcare services you provide.”