Professional indemnity insurance (BAV) for a psychotherapy practice
In a practice with several therapists and trainees it is not only the session that is judged, but also the organisation around it: who supervised, who was the lead practitioner and who kept the file.
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In brief
A practice that trains people carries a double risk. The treatment is carried out by someone in training, while the lead practitioner remains responsible for the indication, the treatment plan and the evaluation. In a claim the first question is how that responsibility was given effect: how often supervision took place, whether it was recorded, and whether the lead practitioner knew the client. A supervision structure that exists only on paper is the weak point when a claim arises. Make sure that trainees, supervisors, therapists on the payroll and the practice as a legal entity are all within the the range of insured persons.
The second peculiarity of this profession is the long duration. Courses of treatment last years and the file must be kept for the statutory period under Article 7:454 of the Dutch Civil Code. If a therapist leaves or the practice closes, someone must manage the files and keep them accessible. Without the file you cannot defend a claim. At the same time, arrange run-off period, because a claims-made policy follows the moment of notification and not the moment of treatment.
The practice is also answerable for how care is organised: availability in a crisis, cover during holidays, handover when a practitioner changes and management of a waiting list. Complaints about that go through the Wkkgz disputes body your practice is affiliated to, and it can award compensation. For the risks of the practitioner themselves, see the self-employed psychotherapist; the general product explanation is on the hub page.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
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Professional indemnity insurance (BAV)
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Get coveredWhy arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What a practice is judged on
Four subjects that determine the outcome of a claim at a practice with several practitioners.
Make supervision demonstrable
Record for each client who is the lead practitioner, when supervision took place and which decisions were taken there. A signature under a treatment plan with no underlying notes of consultations convinces no one. Insurers regularly ask about the training structure in underwriting; watertight records help both with the application and with handling a claim.
Handover and waiting list
Deterioration during a waiting period or after an incomplete handover is a recurring ground for complaint. Agree who keeps in contact with those waiting, how crisis arrangements are handed over and what happens if a practitioner is off for a long period. Those are organisational mistakes affecting the practice, not the individual therapist.
Records when someone leaves or the practice closes
If a therapist takes clients to a practice of their own, the files must be transferred with the client's consent. The duty of confidentiality in Article 7:457 of the Dutch Civil Code applies between colleagues too. Set out in the employment or cooperation agreement who manages the files, who monitors the retention period and who pays for run-off cover.
Outside the cover
Not insured are: clawback of fees after a material review, administrative fines, disciplinary sanctions against a member of staff, inappropriate conduct and other loss caused by intent or wilful recklessness (Article 7:952 of the Dutch Civil Code), and liability you take on through an indemnity. A dispute with a health insurer or an employment dispute belongs with legal expenses.
What does your premium depend on?
- Annual turnover of the practice: the basis on which the rate is set
- Number of practitioners and trainees: training increases the exposure and calls for supervision
- Forms of treatment offered: intensive trauma and personality treatment weighs more heavily
- Client group and complexity of care: crisis-prone clients raise the risk profile
- Size of the class of insured persons: locums and interns must be expressly included
- Retroactive and run-off periods: indispensable when the team changes or on an acquisition
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A therapist in training continues a course of treatment for years when evaluation should have led to ending it | No | Yes |
| A report to the local authority contains a classification never checked, and the youth programme is built on it | No | Yes |
| A former member of staff is sued over a treatment from the time he worked with you | No | Provided that |
| A member of staff sends a group email in which all clients' email addresses are visible | No | No |
| A visitor slips in the stairwell of your practice premises | Yes | No |
| A therapist is off work for a long period and current courses of treatment cannot be continued | No | No |
Who was an insured person at the moment of the mistake determines whether a later claim still falls within the policy.
Frequently asked questions
This is what people ask us most.
Who is sued if a trainee makes a mistake?
In reality the practice itself, because the client concluded the treatment agreement with it and the lead practitioner was responsible for the plan. For staff on the payroll the employer carries that liability under Article 6:170 of the Dutch Civil Code. Make sure the trainee falls within the class of insured persons by name or by role, otherwise a gap arises.
A therapist is leaving. What do we arrange in insurance terms?
Three things: who manages his clients' files, whether run-off cover is needed for claims that come in after he leaves, and whether he gets retroactive cover at his new employer for the period with you. Record the agreement in writing when the collaboration ends, because afterwards run-off cover is usually no longer available.
Do we need public and employers' liability insurance as well as this policy?
Yes, for everything that happens outside the treatment: a visitor who falls, damage to the rented premises, and injury to your own staff. For the latter the duty of care in Article 7:658 of the Dutch Civil Code applies, with aggression and workload as real risks in mental health care. See the public and employers' liability insurance.
Are we insured if our client data becomes public?
Not on this policy. A data breach is not a professional error; investigation, recovery, notifying the data subjects and liability towards clients belong on a cyber insurance. Given the sensitivity of mental health records, that is a serious consideration in this sector, alongside the compulsory security policy.
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