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Saturday 1 October 2016
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We are using a locum to cover NHS maternity leave who also has a small private practice in dermatology. Where do we stand about her advertising her products and services within the surgery?

Question in full:

We are an NHS and private practice. We are using a locum to cover NHS maternity leave who also has a small private practice specialising in dermatology products including Botox, fillers, various creams, etc. Where do we stand about her advertising her products and services within the surgery? Are we endorsing them? What about her potentially seeing and charging any of our NHS patients for these products?

Answer:

As long as she is not offering products and services offered by your own practice then it would be all right, although she should be insured as a business to carry out those treatments/services.

I am also assuming that you are not contracted to allow her to advertise her products or services as part of her covering the position, and therefore it would be considered a gesture of goodwill towards her if you decided to allow her to advertise. I would ensure that if you do allow her to advertise, you make it clear that any services or products that she supplies as part of her own practice is totally separate from your practice and therefore you would not be liable or responsible should any issues arise.

Get her to sign a contract that clearly states she indemnifies your practice against any claim or loss of business, goodwill or damage to your practice in any way or howsoever caused by services or products that she supplies in the day-to-day running of supplying her product or services.

Also, put up a sign that is clearly visible in several areas of the practice, and particularly in the advert that she is using, with the words: “The practice does not recommend or endorse any of the services or products being offered by [name of nurse – business]”.

The sign should also have details stating that if a patient has any concerns about the treatments and/or services provided, they should contact the locum directly and that your practice is not in any way responsible or liable in any event.