Dáil Éireann Debate, Tuesday - 15 January 2019
636. Deputy John Curran asked the Minister for Health if consultants choosing to prescribe medicinal cannabis under the existing licensing system are assuming personal liability for possible negative side effects on their own personal insurance; and if the HSE does not accept possible liability in relation to same. [54411/18]
View answerUnder existing arrangements consultants in public hospitals are covered by the Clinical Indemnity Scheme (CIS) in respect of the prescription of tetrahydrocannabinol (THC) based products for a patient under their care provided that the consultant is permitted to do so under a licence granted by the Minister for Health under the Misuse of Drugs Acts and where he/she has exhausted all other treatment options for that patient.
In relation to private consultants the CIS covers the excess over the indemnity ceilings (or CAPS) set by the State for private indemnifiers of consultants working in private practise settings. Effectively, the private indemnifier's liability in respect of any claim is capped at the relevant indemnity ceiling and the State assumes responsibility for any amount in excess of the cap. Consultants in private hospitals should check with their Medical Defence Organisations to establish that such organisations will cover them up to the Caps limit in cases where they are considering prescribing THC-based medicines for a patient, under licence from the Minister and where he/she has exhausted all other treatment options for that patient.
