See below for FAQs on professional liability insurance (PLI).
PLI protects both kinesiologists and their patients/clients. PLI provides patients/clients with compensation should harm occur as a result of error, omission or a negligent act by a kinesiologist, and it protects the kinesiologist by providing legal and financial support should a claim be made against them.
Your PLI policy must satisfy the following as defined in the Registration Regulation:
i. a minimum amount of $1,000,000 per occurrence;
ii. a minimum aggregate amount of $3,000,000 per year;
iii. a deductible of no more than $1,000 per occurrence;
iv. where the insurance is of the claims-made type, the member shall have enduring (tail) insurance to provide coverage for at least five years after the termination of the insurance; and
v. the provider must either be licensed as an insurer with the Financial Services Commission or Ontario or must be in the form of membership in a protective association acceptable to the Registrar that provides equivalent protection.
You must provide the College with a copy of your PLI policy at annual renewal and once you’ve renewed your insurance.
For more information on the PLI requirements, view the Professional Liability Insurance Policy.
You are only required to get a kinesiology extension if your base PLI policy does not cover the full scope of practice of kinesiologists. The kinesiology extension is designed for those whose base PLI policy only covers one area of practice (e.g. athletic therapy, exercise physiology).
Enduring coverage, often called tail insurance, protects against any claims made after you leave an employer or if the particular insurance policy ends. All kinesiologists must ensure that they have enduring/tail insurance as part of their PLI policy.
An occurrence type of policy covers claims that occur after the policy has lapsed. Claims-made policies are the most common form of liability insurance today and only cover you for claims made during the term of the policy.
Kinesiologists who do not have adequate PLI coverage must cease practising until they obtain the required coverage. In addition to the possibility of being personally liable, the College can investigate kinesiologists for not holding the required insurance coverage. If a kinesiologist loses their insurance coverage for any reason, they must notify the College within two business days. The College can suspend the registration of any kinesiologist who does not hold professional liability insurance until they provide proof.
This depends on your class of registration. If you are registered in the General Class, you must have PLI coverage at all times, regardless of whether you are employed and practising within the scope of practice of kinesiology.
If you are registered in the Inactive Class, you do not need PLI coverage. The enduring (tail) insurance will provide protection once you move to the Inactive Class. When moving to the Inactive Class you must declare that you:
a. are requesting an exemption from the professional liability insurance requirement on the grounds that you are not currently engaged in the practice of kinesiology;
b. have enduring tail insurance coverage for five years; and
c. have read and understood the College’s Policy on professional liability insurance and will obtain insurance again before practising.
You can obtain PLI from any source, including your employer, a professional association, or directly from an insurance company so long as it meets the College’s requirements noted above.
When looking for PLI, you should consider the following:
- Does the policy cover your full scope of practice as a registered kinesiologist?
- Are there any policy exclusions that may put you at risk in the event of a claim?
- If you are ensured by your employer, does the policy cover you for claims made outside of your job (e.g. work as a volunteer, advice you may give outside of your practice setting)?
- Is the policy transportable and in effect regardless of where you practice as a registered kinesiologist in Ontario?
- Does your plan cover reimbursement of legal or criminal defense expenses?
- Will your plan provide for the cost of legal representation in the event you are subpoenaed to appear as a witness?
- What type of coverage does your policy provide (e.g. malpractice, errors and omissions, legal expenses)?
- What is the liability aggregate limit?
- Do you have an “occurrence” type of policy (covers claims that occur after the policy has lapsed) or “claims-made” policy (only covers you for claims made during the term of the policy)? If you have a “claims made” policy (which is the most common form of liability insurance today), you should ensure that you have enduring (tail) coverage to protect against any liabilities or claims made against you during the period you were ensured.
- What are the “exclusions” under the policy? Such exclusions should be standard provisions that do not materially detract from comprehensive professional liability.
If you are covered by your employer’s PLI and if that policy meets the College’s requirements, you are not required to obtain additional coverage, although you may wish to do so.
You must ensure that the employer’s policy covers individual employees. If the policy does not cover individual employees, you must obtain PLI. The Regulated Health Professions Act, 1991 requires that all practising regulated health professionals be personally insured. The employer’s policy does not have to list the kinesiologist individually by name, but must specify that it covers the “employees” of the organization as “added insurers”. In these instances, a letter from the employer confirming that you are an added insurer is required.
Yes. The College conducts frequent audits to verify that kinesiologists have appropriate PLI coverage. Kinesiologists who do not meet the PLI requirements are required to submit proof of coverage or face possible suspension of their certificate of registration.