Mara Haase

Are you considering retirement and wondering what, if any, legal coverage you may need? The answer to this question depends on a number of factors, including whether you plan to maintain a registration with the College of Nurses of Ontario (CNO), and in what registration class.

Professional liability protection (PLP)

All nurses registered with CNO (in the general, extended, temporary, emergency assignment and special assignment class) must have PLP that meets the requirements set out in CNO By-Law 44.4. 

PLP provides protection against malpractice claims arising from real or alleged errors or omissions, including negligence. This includes financial compensation to members of the public who have been harmed as a result of malpractice or negligence by a nurse. PLP coverage is automatically included in RNAO membership for all RNs and NPs at no additional cost. This coverage fully satisfies the CNO By-Law requirements.

If you are retiring or otherwise not practising, but plan to maintain registration with CNO in a practising class, you are required to maintain PLP.

What happens to your PLP coverage if you discontinue your membership with RNAO?

Retired nurses who are no longer registered with CNO in a practising class are not required to hold PLP. However, they continue to have an exposure to claims arising from services rendered prior to retirement.

With the RNAO PLP program, RNs and NPs are protected for claims arising from professional nursing services rendered while they were an RNAO member, irrespective of when a claim or legal proceeding arising from these nursing services is commenced.

That means RNs and NPs remain protected even if RNAO membership is discontinued and through retirement for covered medical incidents that arose while they held an active RNAO membership.

Example

Let's say your membership with RNAO lapses on Nov. 1, 2021. At some point after this time, you are named in a lawsuit related to an incident that occurred on a date when you were an RNAO member with PLP coverage. In this case, you would be eligible for assistance because you were a member at the time of the incident which has given rise to the covered claim. Your membership status at the time the claim is filed or when you become aware of the claim is not relevant to a determination of eligibility for PLP.

Legal Assistance Program (LAP)

RNAO’s LAP is not the same as PLP, nor is LAP coverage required by CNO. LAP is an optional, additional protection available to RNAO members for $64.57/year in addition to the annual RNAO membership fee.  

LAP complements PLP coverage by providing additional coverage for risk exposures not covered by PLP, including:  CNO investigations arising from a complaint or report; and specific employment-related matters, such as discipline/termination, human rights issues and WSIB claims. LAP also provides advice prior to testifying as a witness in a legal proceeding related to care provided in nursing practice.

The broad scope of coverage available through RNAO’s PLP and LAP provides members with tremendous peace of mind.

What happens to your LAP coverage if you discontinue your membership with RNAO and LAP? 

To be eligible for assistance from LAP, a member must be enrolled in the program at the time of the incident. They must remain a member of the program from the time of the incident until the case is resolved or the maximum assistance available from LAP has been reached.

Continuous membership is defined as membership in RNAO and LAP, renewed annually, for the entire membership year from Nov. 1 to Oct.31. If your membership in RNAO and LAP lapses, you will no longer be eligible for assistance from LAP because you do not meet the continuous membership criteria described above. Unlike PLP, LAP membership status at the time you are in need of assistance is relevant to a determination of eligibility.

Example

Let's say your membership in RNAO lapses on Nov. 1, 2021. At some point in the future, you are named in a complaint to the CNO related to an incident in nursing practice that happened when you were an RNAO member with LAP coverage. In this instance, you would not be eligible for assistance from LAP because you would not meet the continuous membership eligibility requirement.

Although you were a member at the time of the incident to which the CNO complaint relates, you did not remain a member continuously from the time of the incident until the case was resolved or the maximum assistance available from the program was reached.

Nurses who retire or stop practising, but continue to maintain registration with CNO in any class, are still legally and professionally obligated to respond to CNO in the event of an investigation into their prior nursing practice. It is strongly recommended that nurses maintain LAP coverage in these circumstances.

On the other hand, nurses who retire or stop practising, and resign from CNO altogether, are no longer obligated to respond in the event of a complaint or report. However, CNO still has the power to render a decision against a former CNO member, which could include the payment of legal costs. The CNO decision could also be published on the regulator’s public registry (Find a Nurse).   

In order to protect themselves and their reputation, many RNAO members opt to maintain membership in LAP for at least a few years after retirement and resignation from CNO.