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Transitioning from claims-made professional liability insurance (PLI)?

Canadian Nurses Protective Society > Transitioning from claims-made professional liability insurance (PLI)?

Transitioning from claims made professional liability insurance (PLI)?

If you previously acquired your professional liability protection pursuant to a claims-made policy or through a commercial professional liability insurance (PLI) provider*, your earlier protection may no longer apply to claims arising from past events if you do not renew your policy. The CNPS recommends that you speak with a Legal Advisor to determine if there could be a gap in protection that could be bridged through retroactive protection. Please note that this is available only in the event of a transition from a PLI provider. If you have any questions, please give us a call at 1-800-267-3390. We are often able to answer these types of questions within 48 hours.

Are you a nurse** who is interested in registering for CNPS services? Here are some important questions you may have when looking for a source of professional liability protection:

What is the operating model?

CNPS operates as a not-for-profit Society. All resources are dedicated to providing legal support to the nursing profession. The CNPS is Canadian and was established by nurses, for nurses, in 1988. 

CNPS assistance is provided on a discretionary basis and all requests for legal assistance are considered on a case-by-case basis, taking account of your specific needs, and in some circumstances, the resources available to you from your employer or your union.

What are the limits and exclusions?

The CNPS offers discretionary assistance, which considers each request for assistance on an individual basis. Under this model, assistance can be tailored to unexpected circumstances that may arise in nursing practice. Any specific exclusions are outlined on our Services page.

Is the protection individual or shared?

CNPS offers individual protection, with no shared limit. What this means is that the aggregate (“maximum”) amounts of protection defined here apply to you alone and are not limited by claims brought against other CNPS beneficiaries. Where a policy provides for a shared or group limit, once the group limit is reached, there is no longer protection available to the remainder of the policy holders.

Is the protection claims-made or occurrence-based?

These are legal terms that carry legal meaning. “Claims-made” protection means that coverage is available for claims commenced while the policy is in effect. “Occurrence-based protection” means that it extends to claims arising from care that you provided while the protection was in place, irrespective of when the claim is commenced, and irrespective of whether the protection is still in effect when the claim is commenced. CNPS PLP is provided on an occurrence-basis. We also have an article which provides more details.

Does the protection extend to civil claims other than negligence?

CNPS assistance with civil claims extends beyond negligence claims (professional liability protection) and includes assistance with allegations of privacy breaches, abuse, defamation, sexual impropriety, among others. Learn more.

Does the protection extend to legal proceedings other than civil claims? If so, is the legal defence covered from the outset?

CNPS protection extends assistance to a wide range of legal proceedings. When assistance is granted, it is provided from the outset of the proceedings with oversight from the CNPS.

What about unexpected events? Is protection or coverage available for circumstances that are not explicitly mentioned?

The CNPS is structured to act as your legal resource as you navigate the complexities of modern healthcare. While we may not be able to provide a solution to every problem, the CNPS can assist in a wide range of unexpected circumstances where your professional integrity may be threatened or where legal support is needed to address a patient safety concern.

Is there access to legal advice?

CNPS beneficiaries have access to confidential legal advice at no additional cost should you have legal questions related to your nursing practice. The lawyers who work with the CNPS have extensive experience in nursing and/or health law.

Is there access to continuing education?

The CNPS publishes educational material on a wide range of subjects to help nurses understand their professional legal obligations and manage the risks in their nursing practice with the goal of improving patient safety. 

Is there access to contract reviews?

The CNPS provides pre-contractual reviews of professional service agreements. This service is to assist beneficiaries in identifying wording or content in a proposed agreement that may give rise to issues within the realm of professional obligations, responsibility, or liability. It is not intended to address pure employment or commercial terms.

*CNPS beneficiaries who were members of the Registered Nurses Association of Ontario (RNAO) prior to October 31, 2015 remain eligible for claims arising from nursing services provided on or before December 31, 2015 while they were an RNAO member.  
**Please note, RNs, RPNs and NPs in the majority of Canadian provinces and territories are generally eligible for CNPS PLP and Core Services through their provincial or territorial nursing regulator. Nurses in Ontario and Quebec are required to hold a source of professional liability protection and may choose a professional liability provider that satisfies their nursing regulatory requirements. Please consult our eligibility page for specific information based on your nursing designation and jurisdiction of practice. 

Additional Resources

  • Eligibility and Fees
  • CNPS Core Services (PLP)
  • Supplementary Protection program
  • How is the CNPS different?
  • Ask a Lawyer: Models of Protection

 

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Before you start, please have on hand:

1. If you are renewing, the email address you used to register for CNPS PLP in 2022 (your 2022-2023 CNPS receipt would have been sent to that email address).

2. Your CRNA permit number (found in the top-right corner of College Connect when you are logged in).

3. If you are a member of the Alberta Association of Nurses (AAN), your AAN membership number. If you would like to receive the CNPS group rate, please visit www.albertanursing.ca and join/renew before beginning your CNPS registration.

By clicking on this link and completing my registration, I understand that if I decide to join the AAN later on, the CNPS is unable to refund my individual rate registration.

I accept and continue