PDL confirmed that the PDL Master Policy provides automatic cover for PDL members who supply Schedule 3 vaping products following the regulatory changes made on 1 October 2024. 

As a component of the 2025 Master Policy renewal process, PDL would like to add the following information. The PDL Master Policy provides cover under the professional indemnity benefit for civil liability claims alleging breach of professional duty and/or inquiry legal costs arising from the supply of vaping products. The policy requires that the PDL member is appropriately trained and qualified (through suitable self-directed or accredited education and training activities) and authorised (through compliance with regulations and directions of regulatory agencies). The PDL member should make all reasonable attempts to comply with all relevant published professional and government protocols such as regulations, directives, standards and guidelines. 

The PDL Master Policy does not provide cover for vaping products under the Public and Products Liability section of the policy.

The Master Policy defines vaping products as a vaping device, whether or not containing nicotine or medicinal cannabis, for the purpose of managing smoking cessation or nicotine dependence, or for administration of medicinal cannabis for a therapeutic purpose.

The PDL Master Policy provides cover for members involved in the administration of the COVID-19 vaccination so long as all relevant published professional and government approved training and protocols are complied with. Given that the general legal position in Australia regarding the efficacy of a vaccine product, or whether it is fit for purpose, is the responsibility of the manufacturer, the policy does not provide any cover in relation to the effectiveness of a vaccine administered, including:

• failure of the vaccine to produce the intended result; or
• any adverse outcome or side-effect caused by the vaccine itself

However, the policy does include an Efficacy Defence Costs additional benefit to provide PDL members with peace of mind. This cover is designed to protect members from speculative actions by third parties attempting to wrongly draw pharmacists in to a claim that should properly be pursued against the vaccine manufacturers. This benefit provides up to $250,000 legal costs associated with defending and investigating a claim regarding the effectiveness of a vaccine that is administered by a PDL member.

The PDL Master Policy is designed to cover individual pharmacists for the work that they do as an employee. It also provides cover to individuals who operate under a business structure for the purpose of providing their professional services.

In recent years, pharmacists are increasingly providing services under an ABN or changing business structures due to dynamic employment circumstances (such as locuming, aged care settings, etc.) and scope changes. PDL has also seen some confusion from accredited pharmacists who assume they have PDL cover when they operate under a company structure with several pharmacists as Directors.

Members who are providing services under an ABN must ensure that they are appropriately covered for their work. It is the responsibility of the pharmacist to make sure that they have disclosed all relevant details. If they have not disclosed services via an ABN Entity to PDL, please contact us to discuss coverage.