INDEMNITY INSURANCE FOR HEALTHCARE PROFESSIONALS REGULATIONS

INDEMNITY INSURANCE FOR HEALTHCARE PROFESSIONALS

SUBSIDIARY LEGISLATION 528.02

INDEMNITY INSURANCE FOR HEALTHCARE

PROFESSIONALS REGULATIONS

14th March, 2014

LEGAL NOTICE 84 of 2014.

The title of these regulations is the Indemnity Insurance for

Healthcare Professionals Regulations.

In these regulations, unless the context otherwise requires -

"Act" means the Health Act;

"Council" shall have the same meaning as that assigned to it in

the Health Care Professions Act;

"healthcare" means health services provided by healthcare

professionals to patients to assess, maintain or restore their state of

health, including the prescription, dispensation and provision of

medicinal products and medical devices;

"healthcare professional" means a professional registered with

the relevant Council under the Health Care Professions Act;

"Minister" means the Minister responsible for health;

"professional indemnity insurance policy" means a policy of

insurance against all risks of professional liability arising from the

exercise of one’s profession;

"public healthcare" means healthcare provided directly by the

Government of Malta.

(1) It shall be the duty and responsibility of every

healthcare professional providing healthcare to patients in Malta to

ensure that he is covered by a professional indemnity insurance

policy, or a guarantee or similar arrangement that is equivalent or

essentially comparable as regards its purpose, which is appropriate

to the nature and extent of the risk which he undertakes when

providing healthcare services to patients.

(2) The obligation referred to in sub-regulation (1) shall not

apply to public healthcare provided by healthcare professionals, but

only insofar as the services they provide within the public

healthcare system of Malta are concerned.

(1) It shall be the duty of every healthcare professional to

confirm to the relevant Council, on an annual basis, or as directed

by the relevant Council form time to time, that the obligation

imposed by regulation 3(1) is being satisfied.

(2) For the purposes of sub-regulation (1), every relevant

Council shall have the right to request from a healthcare

professional, any documentation attesting that such an obligation

was infact satisfied.